Nigeria Federal High Court: Daniel Ojukwu Remanded on Cybercrime Charges

• FIJ reporter Daniel Ojukwu was remanded to Kuje Correctional Centre on cybercrime and criminal defamation charges.
• The charges relate to his 2023 investigative reports on alleged irregularities involving presidential aide Adejoke Orelope-Adefulire.
• Mr. Ojukwu pleaded guilty to all 12 counts during his arraignment.
• The Federal High Court ordered his detention for 21 days, with a bail hearing scheduled for December 1.
• Press freedom organizations have condemned the detention and called for the withdrawal of charges against Ojukwu and FIJ founder Fisayo Soyombo.

These statutory provisions highlight the significant legal risks faced by journalists in Nigeria when their reporting touches upon sensitive issues or high-profile individuals.

FIJ reporter Daniel Ojukwu was recently ordered to be held at the Kuje Correctional Centre in Abuja following his arraignment on cybercrime charges. The Federal High Court in Abuja, presided over by Judge Joyce Abdulmalik, issued the remand order on Monday, setting December 1 as the date for his bail application hearing. This decision means Mr. Ojukwu will remain in custody for 21 days initially, as the court deemed his bail application not yet ready for consideration.

The charges against Mr. Ojukwu stem from a series of accountability reports he authored in 2023 for the Foundation for Investigative Journalism (FIJ). These reports detailed alleged irregularities involving Adejoke Orelope-Adefulire, a presidential aide on sustainable development goals and former Lagos State deputy governor, specifically concerning her Office of the Senior Special Assistant to the President on Sustainable Development Goals (OSSAP-SDGs). During his court appearance, Mr. Ojukwu entered a guilty plea to all 12 counts of cyberstalking and criminal defamation brought forward by the police.

The legal action against Daniel Ojukwu involves serious allegations under Nigeria's cybercrime law and the Criminal Code. The cybercrime charges, which accuse him of defaming Adejoke Orelope-Adefulire, carry a potential maximum penalty of 10 years' imprisonment or a fine of N25 million. Additionally, the criminal defamation charges under the Criminal Code could result in a maximum two-year prison term. These statutory provisions highlight the significant legal risks faced by journalists in Nigeria when their reporting touches upon sensitive issues or high-profile individuals.

Lawyers Oluseye Moore and Abimbola Ojenike are representing the journalists involved in this case. The judicial process saw Judge Abdulmalik remand Mr. Ojukwu for a period of three weeks before his bail application could even be heard, a move that has drawn criticism from press freedom advocates. This procedural decision underscores the challenges faced by those accused under these laws, particularly when the court determines that preliminary matters must be addressed before a bail hearing can proceed.

The detention of FIJ reporter Daniel Ojukwu has prompted strong condemnation from several prominent organizations dedicated to press freedom and investigative journalism. The Wole Soyinka Centre for Investigative Journalism (WSCIJ), the Committee to Protect Journalists (CPJ), and the Coalition for Whistleblowers Protection and Press Freedom (CWPPF) have all called for Mr. Ojukwu's immediate release and the withdrawal of all charges against him. These groups argue that the ongoing legal proceedings raise significant concerns about the state of press freedom in Nigeria and the safety of journalists who investigate the management of public funds and government projects.

Angela Quintal, CPJ's Africa director, specifically urged Nigerian authorities to drop the criminal charges not only against Mr. Ojukwu but also against FIJ founder Fisayo Soyombo, who was absent from the November 10 proceedings but is expected at the next hearing. Ms. Quintal further advocated for the repeal of laws that criminalize journalism, emphasizing the damaging impact such charges have on journalists' ability to report freely and without fear, especially with elections approaching. The CPJ noted that the charges are linked to four FIJ investigations published between November 2023 and January 2024, which examined alleged irregularities in government contracts and expenditure under the OSSAP-SDGs, previously led by Mrs. Orelope-Adefulire. This incident follows a previous arrest and detention of Mr. Ojukwu in May 2024 concerning reports about the same government office, signaling a troubling pattern for journalists covering public interest matters. Mrs. Orelope-Adefulire's lawyer, Muiz Banire, defended the charges, challenging the journalists to prove the veracity of their published claims.

Lawyers advising media organizations, journalists, or whistleblowers in Nigeria must be acutely aware of the increasing risk of criminal prosecution under cybercrime and defamation laws for investigative reporting, particularly when it involves high-profile public figures. This case necessitates robust legal defense strategies and a thorough understanding of the Cybercrime Act and Criminal Code provisions, as it signals a potential chilling effect on press freedom and accountability journalism.

Source: Original reporting via Premium Times