HUMAN Rights lawyer and Senior Advocate of Nigeria has described as illegal the planned prosecution of Mr Kassim Afegbua the former spokesman to former military President, Ibrahim Babangida as illegal.
It would be recalled that last Sunday, General Babangida issued a press statement through his press secretary, Mr Afegbua and in the statement the former military ruler was said to have advised President Mohammadu Buhari not to participate in the 2019 presidential election.
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Falana in a statement issued on Tuesday pointed out that, “in his characteristic manner, General Babangida promptly disowned the well-publicised press statement and the views ascribed to him by Mr Afegbua.
“Since this is not the first time that General Babangida has disowned controversial statements made by him Mr Afegbua ought to have been more circumspect in issuing this particular statement.
“However, notwithstanding that the retired General has dissociated himself from the statement the Inspector-General of Police, Mr Ibrahim Idris has declared Mr Afegbua wanted for alleged “character defamation”.
“By declaring Mr Afegbua when he has not failed to honour the invitation of the Police the Inspector-General of police has overreached himself.
“It is undoubtedly that it is the Inspector General of police who has defamed Mr Afegbua by portraying him as a fugitive from the law. Therefore, Mr Idris is advised to withdraw the offensive declaration without any further delay.
“Having regard to the facts and circumstances of the issuance of the public statement by Mr Afegbua and the denial by General Babangida it ought to be pointed out that no criminal offence known to the law has been committed to warrant the action of the Inspector General of Police.
“The decision of the founding fathers of this present Constitution which guarantees freedom of speech which must include freedom to criticize should be praised and any attempt to derogate from it except as provided in the Constitution must be resisted.
“Those in public office should not be intolerant of criticism. Where a writer exceeds the bounds there should be a resort to the law of libel where the plaintiff must of necessity put his character and reputation in issue.”
“Since General Babangida has now turned round to insist that he authorised Mr Afegbua to issue the controversial statement it is hoped that he will be prepared to say so in a criminal court. His testimony will go a long way to destroy the criminal case which the Inspector-General intends to institute against Mr Afegbua,” Falana said.
He, however, advised the Inspector-general of Police not to popularise the discredited views of both Generals Olusegun Obasanjo and Ibrahim Babangida who failed woefully to institutionalised democracy, rule of law, human rights, self-reliance and probity during the 20 years that both of them had ruled the country.