Kenechukwu Ofomah
Awka
A group of civil society organisations (CSOs) has raised concerns over what it described as a violation of the rights to fair trial and due process in the ongoing prosecution of a whistleblower Nnamdi Emeh at the Federal High Court, Awka, Anambra State.
This is as the father, Professor John Emeh has also raised alarm over alleged physical attacks and assassination attempts on the whistleblower while in detention.
Emeh was scheduled to appear before the court on Tuesday as he stands accused of fraud, money laundering, impersonating a police officer, unlawful possession of a firearm and defamation.
The police first arrested him on March 6, 2023, in Benin Republic, where he fled upon learning of an arrest warrant against him. Emeh had worked as an IT staff member with the Anambra State Police Command, and shared information on alleged organ trafficking by top police officers in the state, which he said he witnessed.
After his arrest on May 17, 2023, the court granted him bail, but he was not released and has continued to spend time in jail while enduring multiple adjournments.
Reacting to the development in a statement on Tuesday, the CSO group, the Platform to Protect Whistleblowers in Africa (PPLAAF), Blueprint for Free Speech and 14 other CSOs, called for Emeh’s release.
The signatories include African Centre for Media & Information Literacy (AFRICMIL), Centre for Fiscal Transparency and Public Integrity (CIPE), 21st Century Community Empowerment for Youth & Women Initiative (CCEYWI), Paradigm Leadership Support Initiative (PLSI), Social Justice Advocacy Initiative (SJAI), and Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS).
Others are the Whistleblowing International Network (WIN), The Signals Network, Centre for Free Expression, Human and Environmental Development Agenda (HEDA), International Centre for Investigative Reporting (ICIR), Civil Society Legislative Advocacy Centre (CISLAC), Accountability Lab and Step Up Nigeria.
Expressing worry over the detained whistleblower’s prolonged detention and continuously delayed trial, the group said his case raises serious concerns regarding rights to fair trial and due process, as enshrined in Nigeria’s constitution.
It regretted that despite being granted bail and the conditions clearly being set, the whistleblower has remained in detention, while his trial has been delayed multiple times, stressing the need to ensure the full protections of the presumption of innocence and other fair trial rights.
“The continued detention of a whistleblower despite repeated court orders for his release raises profound concerns about the respect of the rule of law in Nigeria. When individuals who disclose information of significant public interest are deprived of their liberty instead of being protected, it sends a chilling message to all those who seek to expose corruption, serious human rights violations and abuse of power.
“The years-long delay of Nnamdi Emeh’s trial and the refusal to release him after being granted bail appear to contravene Nigerian constitutional protections of the right to personal liberty and the right to a fair hearing.
“The failure to release him on bail is in clear violation of an order of the Federal High Court, which granted him bail pending trial on 17 May 2023. The Inspector General of Police attempted to revoke this bail order on 9 July 2024, but again, this was rejected. Over three years later, Nnamdi Emeh is still in detention,” the statement adds.
The CSOs are asking the Nigerian authorities to ensure the immediate release of Nnamdi Emeh from detention in conformity with the court order for his release, to protect and uphold his fair trial and defense rights, and guarantee his safety.
They also demanded a prompt, independent and impartial investigation into the allegations of attacks, threats and attempted assassinations against Emeh, urging that anyone responsible should be held accountable.
The group said, “The Nigerian authorities should comply with international standards regarding whistleblower protection; and adopt comprehensive whistleblower protection legislation aligned with international standards, providing effective safeguards against retaliation, secure reporting channels and appropriate remedies for individuals who disclose information in the public interest.
“The decision of the Inspector General of Police to establish an official investigative panel following these disclosures demonstrates that the allegations raised concerned matters of significant public interest. Individuals who disclose information revealing alleged corruption, serious human rights violations or criminal conduct should be protected from retaliation rather than subjected to prosecution or prolonged detention.”
