The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to intervene in the detention of investigative journalist Daniel Ojukwu, urging the Federal Government to ensure his immediate release from the Kuje Correctional Centre in Abuja.
SERAP also appealed to the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to take necessary steps to end what it considers the misuse of criminal defamation and cyberstalking laws against journalists reporting on alleged corruption and questionable government expenditure.
The organisation’s intervention followed a decision by Justice Joyce Abdulmalik of the Federal High Court in Abuja to remand Ojukwu at the correctional facility after his arraignment on 12 charges relating to alleged cyberstalking and criminal defamation.
Ojukwu, a journalist with the Foundation for Investigative Journalism (FIJ), reportedly pleaded not guilty to all the allegations brought against him.
His continued detention is expected to last until December 1, 2026, when proceedings relating to his bail application are scheduled to resume.
Reacting to the court proceedings, SERAP expressed concern that the journalist’s prosecution could have wider consequences for investigative reporting and the ability of media organisations to hold public officials accountable.
The organisation argued that criminal proceedings against journalists over reports examining public expenditure could discourage other media professionals from investigating sensitive government activities.
It therefore demanded an end to the prosecution and alleged intimidation of both Ojukwu and FIJ founder, Fisayo Soyombo, over publications concerning the Office of the Senior Special Assistant to the President on Sustainable Development Goals (OSSAP-SDGs).
The disagreement reportedly arose from investigative reports published by FIJ in 2023 and January 2024, which examined financial transactions involving government-funded classroom construction projects.
According to the reports, payments of N147.1 million and N47.5 million were made in connection with the projects.
The investigations also questioned the condition of solar installations at some of the locations, alleging that the equipment stopped working shortly after installation.
SERAP maintained that the issues raised in the publications concern the management of public resources and therefore deserve legitimate scrutiny from journalists, civil society organisations and members of the public.
It argued that questions about the cost, execution and quality of publicly funded projects should ordinarily attract explanations from the relevant authorities rather than criminal proceedings against those who investigate and report them.
The rights group insisted that government institutions must be prepared to provide information about how public funds are utilised, particularly when concerns are raised about the delivery of projects intended to benefit communities.
It further maintained that where allegations of financial irregularities emerge, the responsibility of the authorities should be to examine the available evidence, make relevant records accessible and establish whether public resources were properly utilised.
SERAP also recalled that Ojukwu had previously been detained for 10 days in May 2024 over reporting connected to the same public official and alleged government expenditure.
The organisation described the latest development as particularly worrying, warning that repeated arrests and prosecutions could create an atmosphere in which journalists become afraid to investigate matters involving influential individuals and government agencies.
According to SERAP, the consequences of such an environment would extend beyond individual journalists, potentially weakening the media’s ability to expose corruption, promote transparency and inform citizens about decisions taken in their name.
The organisation emphasised that investigative journalism remains an important part of democratic accountability, especially in a country where citizens expect public institutions to explain how taxpayers’ money is spent.
In support of its position, SERAP referred to Sections 22 and 39 of the 1999 Constitution, as amended, which provide protections for the media and guarantee freedom of expression.
Section 22 recognises the responsibility of the press, radio, television and other mass media to uphold the accountability of government to the people. Section 39 guarantees the right to freedom of expression, including the freedom to hold opinions and receive and communicate information.
The organisation also cited Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
These international instruments recognise the right of individuals to obtain, receive and share information and ideas without unjustified interference.
SERAP argued that such protections are not limited to publications that portray public officials positively. They also cover investigative reports, criticism and opinions that may be uncomfortable for those occupying positions of authority.
It maintained that public office holders should expect a reasonable level of scrutiny over their conduct, particularly when their decisions involve public funds and government responsibilities.
The organisation further referenced paragraph 47 of General Comment No. 34 issued by the United Nations Human Rights Committee, which addresses the use of defamation laws and their potential impact on freedom of expression.
The committee cautions against the application of defamation legislation in ways that suppress legitimate public debate.
It also encourages countries to recognise truth and public interest as valid defences, avoid excessively harsh penalties and consider decriminalising defamation.
SERAP believes these principles are particularly relevant when journalists publish findings concerning alleged misuse of public resources or raise questions about the performance of government institutions.
The organisation’s position is that disagreements over investigative reports should be addressed through transparency, evidence and appropriate legal remedies without undermining the constitutional rights of media practitioners.
It consequently urged President Tinubu and Attorney-General Fagbemi to act on Ojukwu’s case and ensure that criminal defamation and cyberstalking provisions are not deployed to discourage legitimate journalism.
The controversy has once again brought the relationship between press freedom and government accountability into focus, with SERAP warning that the treatment of investigative journalists could influence how freely the media reports on issues involving public officials.
For the organisation, protecting journalists from intimidation is essential to ensuring that allegations concerning public expenditure can be investigated and discussed openly in the interest of Nigerians.
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