Two Al Jazeera journalists
who were on Sunday released by the Nigerian military after 12 days in
detention have vowed to maintain their suits they initially filed while
they were in custody.
Messrs Ahmed Idris and Ali Mustapha had
through their lawyer, Mr. Femi Falana (SAN), filed a fundamental human
rights enforcement suit demanding their release from unlawful detention
where they had been held since March 24 in Maiduguri, Borno State.
Falana, who spoke with our correspondent
on the telephone on Monday, said in view of the release of his clients,
he might have to amend the suit already filed before the Federal High
Court in Abuja, to seek for damages.
“I am in touch with my clients – the
journalists and the management of Al Jazeera – they thanked Nigerians
for their support and they have instructed me to go to court to ask for
damages,” the lawyer said.
In a separate statement which he sent to
our correspondent on Monday, Falana maintained that by virtue of
section 35(6) of the Constitution, the two journalists, as Nigerians,
were entitled to public apology for their unlawful detention.
He said, “On Tuesday, March 24, 2015,
armed soldiers arrested Messrs Ahmed Idris and Ali Mustapha-two Al
Jazeera journalists in Maiduguri, Borno State. The Army authorities
justified the arrest by claiming that they were “loitering” in an
unauthorised place. They were restricted to a hotel room in Maiduguri
surrounded by armed gendarmes. Our demand for the immediate release of
the journalists from military custody fell on deaf ears.
“However, following the institution of a
fundamental rights application at the Federal High Court at Abuja to
secure the immediate release of the journalists last week, the Army
authorities hurriedly transferred them to the Department of State
Service. Yesterday, the DSS set them at liberty without any conditions.
They have since regained their freedom.”
“As neither the Armed Forces Act nor the
constitution permits the Nigerian Army to arrest and detain journalists
or non military persons for that matter, the violations of the
fundamental rights of Messrs Idris and Mustapha to liberty and dignity
and freedom of movement for over a week cannot be justified under the
law.
“Since both journalists are Nigerian
citizens they are entitled to public apology and compensatory damages
payable by the Nigerian Army by virtue of section 35(6) of the
Constitution which states as follows:
‘Any person who is unlawfully arrested and detained shall be entitled to
compensation and public apology from the
appropriate authority or person; and in this subsection, ‘the
appropriate authority or person – means an authority or person specified
by law’.”
Copyright PUNCH.
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