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HomeNewsDSS detention of journalist illegal - Falana

DSS detention of journalist illegal – Falana

Rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, yesterday said that the Department of State Services (DSS) had acted ‘malafide, illegally and unconstitutionally’ in its arrest and continued detention of Abuja Bureau Chief of Daily Independent newspaper, Tony Ezimakor, for the purpose of compelling him to disclose the source of a story written by him.

In a statement titled; “Tony Ezimakor cannot be forced to disclose his source of information,” the silk said the action of the DSS contravened Section 35 (2) of the Constitution.

According to him, it was regrettable that the security outfit was yet to come to terms that no journalist can be compelled to disclose the source of his or her information for doing any report in a democracy.

The statement reads in part: “The harassment of Mr. Ezimakor is a sad reminder of the case of Messrs. Tunde Thompson and Nduka Irabor, who were tried, convicted and jailed by the Buhari/Idiagbon junta in 1984 over their refusal to disclose their source of information pertaining to a story published in The Guardian newspapers.

“Regrettably, the Department of State Services is yet to appreciate that a journalist cannot be forced to disclose his source of information under the current democratic dispensation.

“It is high time the attention of the Department of State Services was drawn to Section 35(2) of the Constitution, which provides that “any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

“Since Mr. Ezimakor is constitutionally entitled to ‘remain silent,’ the Department of State Services lacks the power to subject him to disclose the source of his information.

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“Therefore, by arresting and detaining Mr. Ezimakor for the purpose of compelling him to disclose the source of a story written by him and published by Daily Independent newspaper, the Department of State Services has acted malafide, illegally and unconstitutionally.

“As Mr. Ezimakor has not committed any offence known to law, the Department of State Services should release him unconditionally and publicly apologise to him in line with the requirement of section 35(6) of the 1999 Constitution of Nigerian as amended.”

The Abuja Bureau Chief of Daily Independent newspapers was arrested last week by the Department of State Services for publishing a story on the alleged payment of $2 million to the Boko Haram terrorists for the release of some of the abducted Chibok schoolgirls.

He had been held incommunicado since then while the DSS had insisted on knowing the source from which the journalist got his information as a condition for his release.

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