A BLOGGER IS ARRESTED BY EFCC

Abubakar Sadiqu  Usman

A renowned blogger and a publisher was arrested by the Economic and Financial Crime Commission (EFCC) for criticizing the EFCC boss Mr Ibrahim Magu. Mr Abubakar Sidiqu Usman is the founder of abusidiqu.com media.

A statement by Inibehe Iffiong, a legal practitioner and also a convener of Coalition of Human Defender  (COHRD) says the blogger was arrested in the early hours of Monday 8th August, 2016. Mr Iffiong statement reads thus “We understand that a team of stern looking and heavily armed operatives of the Commission led by one Sambo M. Mangana stormed the private residence of the blogger in the Federal Capital Territory, Abuja with a search warrant searchisked him away commando style after they had ransacked his house, without disclosing the reason for the search and arrest.”

The spokesman of the EFCC Mr Wilson Uwujaren confirmed the arrest. Wilson Uwujaren, said the blogger was arrested for cyber stalking.

The statement of the EFCC spokesman reads thus: “The EFCC today arrested Mr. Abubakar Sidiq Usman, a blogger, for offences bordering on cyber stalking.

“The suspect who is the publisher of Abusidiqu.com was picked up at his Kubwa, Abuja home in the early hours of Monday August 8, 2016 by operatives of the EFCC and is currently being questioned over the alleged offence which contravenes sections of the Cyber Crime Act.

“The suspect has already been offered administrative bail and would be released to his elected sureties.”

Cyberstalking, simply put, is online stalking. It has been defined as the use of technology, particularly the Internet, to harass someone. Common characteristics include false accusations, monitoring, threats, identity theft, and data destruction or manipulation. Cyberstalking also includes exploitation of minors, be it sexual or otherwise.

Usman’s blog, Abusidiqu.com, published a report titled, ‘EFCC boss, Magu, commences total war with core EFCC staff’ on August 2, 2016.

The report stated that members of staff at the EFCC were complaining that they were being bullied by Magu.

It accused Magu of corruption, and of being jittery about the delay in his confirmation by the Senate.

Mr Iffiong said “it is worrisome and extremely troubling that the commission will arrest a citizen of Nigeria in a manner reminiscent of the dark days of military dictatorship.”

Challenging the legality of the arrest, Effiong said, “Without prejudice to any possible legal basis for the arrest, it is pertinent to state that the EFCC does not have powers under the extant laws, including the Economic and Financial Crimes Commission (Establishment) Act 2004, to investigate, arrest, detain or prosecute any person for any alleged offence except in respect of economic and financial crimes.

“Therefore, if it is true that the actions taken against the blogger is connected with a critical report he published against the Chairman of the Commission, the implication is that the EFCC has just dealt a fatal blow on the rule of law, democracy and human rights.

Mr Iffiong statement In Part read thus:
In the absence of any allegation of commission of financial or economic crime against the blogger, the EFCC should, without delay, release him from custody. The EFCC is not above the law and cannot operate like a state within a state.

Mr. Abubakar Usman’s fundamental rights to dignity, personal liberty, fair hearing, private and family life, freedom of expression and freedom of movement are guaranteed by Sections 34, 35, 36, 37, 39 and 41 of the Constitution, respectively, and should be respected.

If indeed the actions taken against the blogger relates to anything he may have published, the actions amounts to a violation of the Code of Conduct for public officers. For clarity, Paragraph 9, Part 1 of the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) states thus:

“A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.”