Court restrained Gombe State government from arresting the publisher of an online newspaper
A State High Court in Gombe has restrained the Gombe State government and the police from arresting the publisher of an online newspaper, Dahiru Hassan Kera.
Kera had filed a suit before the court, challenging alleged breach of his fundamental human rights by the state government, after a publication by his newspaper, Daylight Reporters.
Ruling on the case with suit no: GM/145M/2022, Justice H. H Kereng granted his request and warned the state government against arresting the publisher.
The court ruled that invitations and threats to arrest Kera was a breach of his fundamental rights; “Especially the provisions of Sections 34, 35, 39 and 41 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights and Universal Declaration of Human Rights.
“The continued invitation and intimidation of the applicant by the officers/agents of the first respondent is likely infringement of his fundamental rights as enshrined in the 1999 Constitution (as amended).
“The publication by the Applicant of May 22, 2021 based on the facts stated therein is not pregnant with any criminal offence whatsoever as to warrant the involvement of the 1-4 respondents or any other police officer whatsoever.”
Justice Kereng, therefore, ordered the Gombe State government and its agents to stop any invitation, threat, arrest, intimidation or harassment of the publisher, saying Kera had not committed any offence under any law.
In a copy of the ruling obtained by Daily Trust, the court restrained the respondents, their agents, officers, servants, and/or privies acting on their behalf, from harassing, restricting the movement or freedom of expression, the press and violation of any of his fundamental rights as guaranteed under the 1999 Constitution (as amended) in relating to the case in this application.”