A Nigerian blogger who was arrested
last week for writing a controversial
blog post is still in detention without
bail.
Jamil Mabai was in police custody for
four days before being remanded in
prison by Magistrate Court in Katsina,
which declined to try him.
The court adjourned the case to
September 29 because defence lawyers
raised the issue of jurisdiction of the
court.
Mr. Mabai’s lawyer, Job Israel, had
filed two applications, one for his
fundamental human right and another
for bail.
The court is expected to rule on the
applications at its sitting on Thursday.
“The ruling tomorrow will determine
whether the law (under which Mr.
Mabai is being charged) is a dead law
or an existing law,” said Mr. Israel. “If
the case is in our favour tomorrow,
that means Mr. Mabai case is
terminated forever. But if not, we will
have to appeal based on our
submissions.”
Mr. Israel says a magistrate court lacks
the authority to remand or try Mr.
Mabai. He said the offence his client
was accused of was unknown to law.
“Section 36 subsections 4 of the
Constitution of Federal Republic of
Nigeria 1999 as amended prohibit a
court to try an offence that is
unknown to law,” he averred.
Mr. Mabai is currently being held at the Central
Prison in Katsina.
Metal coffins
Mr. Mabai, who publishes Cliqq magazine, was
arrested by officers of the Nigerian Police Force on
Monday in Kaduna.
He is a known critic of the Katsina administration
led by Governor Aminu Masari.
Mr. Mabai’s arrest is believed to have been ordered
by the governor, a claim the latter’s spokesperson
denied.
A family friend of Mr. Mabai told PREMIUM TIMES
that the governor was not happy with his recent
post condemning a recent purchase of 3,000 metal
coffins for distribution to mosques in the state.
Mr. Mabai said by purchasing the coffins, Mr. Masari
was simply saying “Katsina people deserve to die”.
He also questioned the rationale behind buying the
coffins at N40,000 each at a time the government was
unable to pay civil servants’ outstanding arrears of
salaries.
Mr. Mabai was arrested last Monday in Kaduna
where he had gone for the Eid el kabir Sallah
celebration.
“The police followed him from Katsina to Kaduna
and arrested him there,” a family source said.
“When they picked him up, they first took him to
Unguwan Sanusi police station before they
proceeded to Kankara local government area and
finally Katsina town.”
Friends and relatives of the blogger were
apprehensive of his whereabouts, until the police
finally charged him to court.
Mr. Mabai himself posted a tweet saying, “Finally
they have taken us to court at GRA, including one
other Social Media activist, Bishir Dauda”.
He said “as soon as the matter was announced, the
judge said he cannot entertain the matter for lack of
jurisdiction”.
He said the judge ordered that the accused be taken
to prison pending when he would be arraigned at a
separate court.
Efforts to speak with the spokesperson of the Police
in Katsina, Salisu Agaida, were unsuccessful as his
phone line could not be reached.
Police Speak
However, media reports had quoted the state
Commissioner of Police, Usman Abdullahi,
explaining why the blogger was arrested.
Mr. Abdullahi said Mr. Mabai was detained for
posting tweets to say the government bought the
coffins because it wanted people to die.
“The state government complained that Jamil wrote
that it had bought 3,000 coffins and distributed to
mosques and may be it wanted Katsina people to
die.
“Any reasonable person will ask one or two
questions. This is why we had to invite him to assist
the police,” he said.
When contacted, the spokesperson to Mr. Masari,
Abdu Labaran, denied that the state reported the
blogger to the police.
“To the best of my knowledge, the state government
did not complain about any blogger to anybody.
Unless it is done without my knowledge,” he said.
Mr. Labaran also said he spent the whole day with
the governor on Thursday and “no mention was
made of the arrest or arraignment of anyone on the
orders of the governor.”
Going after bloggers
Also arraigned alongside Mr. Mabai are Bashir Dauda
and Umar Faruq. They were all accused of writing
about the story with the intent to cause civil
disturbance and expose Mr. Masari to public
ridicule.
Their arrest and arraignment is coming on the heels
of the arrest and detention two weeks ago of another
blogger, Emenike Iroegbu, on the orders of Governor
Okezie Ikpeazu of Abia State.
Mr. Iroegbu who publishes Abia Facts Newspaper
was accused of defaming Mr. Ikpeazu.
He allegedly published a story accusing the governor
of burying a nine-year-old boy in the government
House, Umuahia.
Another blogger, Abubakar Usman, was recently
arrested and detained by the Economic and Financial
Crimes Comkission, EFCC, accused him of “cyber
stalking”.
Mr. Usman was released after much public
condemnation.
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