Nigeria: Daniel Ojukwu Remanded on Cybercrime Charges; Bail Hearing December 2026

• FIJ journalist Daniel Ojukwu was remanded in Kuje Correctional Centre on cybercrime charges, including cyberstalking.
• He pleaded not guilty to a 12-count charge related to investigative reports questioning public fund expenditures by a former presidential aide.
• The charges, marked FHC/ABJ/CR/486/2024, also name FIJ founder Fisayo Soyombo as a co-defendant.
• SERAP has called for Ojukwu's immediate release and an end to the prosecution, citing concerns for press freedom.
• Ojukwu's bail application is scheduled to be heard on December 1, 2026, following a previous 10-day detention in May 2024 for similar reporting.

According to SERAP, the appropriate response to investigative journalism that raises questions about public expenditure involves providing explanations, disclosing relevant records, and, if necessary, investigating allegations of wrongdoing, rather than resorting to criminal prosecution and imprisonment of journalists.

Foundation for Investigative Journalism (FIJ) reporter Daniel Ojukwu was recently remanded at the Kuje Correctional Centre in Abuja following his appearance before the Federal High Court. Justice Joyce Abdulmalik presided over the proceedings, ordering Ojukwu's detention until December 1, 2026, when his application for bail is scheduled to be heard. The journalist entered a plea of not guilty to a 12-count charge, which primarily alleges cybercrime offenses, including cyberstalking.

During the court session, the prosecution requested a bench warrant for Fisayo Soyombo, the founder of FIJ and co-defendant in the case, who was reportedly at large. However, Justice Abdulmalik rejected this request, citing that Soyombo had not previously appeared before the court. Ojukwu's legal team sought to have him continue on administrative bail, asserting that he had not violated its conditions and drawing attention to a pending bail application. The judge, however, denied this request, noting that the charges had been served on Ojukwu well before his bail application was filed on Monday. The case, identified as FHC/ABJ/CR/486/2024, will proceed with the bail hearing on the adjourned date.

The charges against Daniel Ojukwu and Fisayo Soyombo stem from investigative reports published by the Foundation for Investigative Journalism concerning the alleged expenditure of public funds. The prosecution, with former Inspector-General of Police Kayode Egbetokun listed as the complainant, contends that the journalists conspired to commit cyberstalking. Specifically, they are accused of transmitting reports on the FIJ website that allegedly caused Adejoke Orelope-Adefulire, the Senior Special Assistant to the President on Sustainable Development Goals, to fear death, violence, or bodily harm.

One of the counts explicitly references an FIJ investigation from November 7, 2023, titled "Special Report: 2 Weeks Before End of Buhari’s Tenure, Special Assistant, Adefulire Paid a Restaurant N17.1m to Build Classrooms in Lagos. A Lot Was Amiss." This report, along with others published in 2023 and January 2024, questioned substantial payments, including N147.1 million and N47.5 million, for classroom construction projects. The reports also highlighted the reported failure of solar panels installed at some of these projects shortly after their completion, forming the core of the Daniel Ojukwu cybercrime charges Nigeria against the journalists.

The Socio-Economic Rights and Accountability Project (SERAP) has strongly condemned the detention and ongoing prosecution of Daniel Ojukwu, urging President Bola Tinubu and Attorney General Lateef Fagbemi to ensure his immediate release and to cease the prosecution of both Ojukwu and Fisayo Soyombo. SERAP characterized Ojukwu's remand as a significant threat to journalists who report on alleged corruption and the management of public funds, underscoring the broader implications for press freedom in Nigeria.

SERAP emphasized that the matters investigated by FIJ, involving public expenditure and official conduct, are of legitimate public interest. The organization argued that public officials and institutions should anticipate scrutiny of their decisions and the use of public funds. According to SERAP, the appropriate response to investigative journalism that raises questions about public expenditure involves providing explanations, disclosing relevant records, and, if necessary, investigating allegations of wrongdoing, rather than resorting to criminal prosecution and imprisonment of journalists. This case, involving the Nigeria cybercrime act journalists, is particularly concerning as Ojukwu had previously been arrested and detained for ten days in May 2024 over reporting on the same public official and alleged expenditures, raising fears that such actions could deter journalists from investigating corruption.

This case highlights the increasing use of cybercrime legislation against journalists in Nigeria for investigative reporting, setting a potential precedent for press freedom and freedom of expression. Lawyers representing media entities or advising on digital rights should closely monitor the proceedings in FHC/ABJ/CR/486/2024, as the outcome could significantly impact the legal risks associated with reporting on public officials and expenditure.

Source: Original reporting via PUNCH