The Human Rights Monitoring Agenda (HURMA), a non-governmental organization, has condemned the prosecution of Alhaji Yusuf Adepoju, leader of the Islamic group ACADIP, along with six others by the police and the Attorney-General's office, labeling the action illegal and unconstitutional.
The organization asserted that the defendants face cybercrime charges without a proper police investigation, constituting a violation of their rights.
During a media conference held on Sunday, human rights lawyer Mr. Lekan Alabi, a member of HURMA, detailed the case involving Charge No: FHC/4421C/22, which includes defendants Muhammed Yahaya, Abdul-Hakeem Mudathir Kewudirorun, Yusuf Olatunde Adepoju, Mubarak Adepoju, Tunde Badmus, and Adelakun Gideon. The case is currently pending before Honourable Justice Deinde I. Dipeolu at the Federal High Court, Lagos Division.
Alabi explained that the defendants are charged with offenses such as cyberbullying, cyberstalking, and impersonation, all under Nigeria's Cybercrime Act of 2015. According to the charge sheet, the individuals allegedly impersonated one Jamiu Adegunwa using fake phone numbers to deceive the public. However, Alabi emphasized that the charges are baseless, as no investigation was conducted by the police.
He noted that experienced legal professionals understand that cases lacking investigation cannot be validly charged in court. Alabi also raised concerns regarding the involvement of the Attorney-General's office, suggesting that the prosecuting lawyer might not have been authorized to act on its behalf.
In his statement, Alabi mentioned that a petition was submitted to the Attorney-General's office three weeks ago, seeking clarification on the authorization of the prosecution, but no response has been received.
HURMA has taken on this case as part of its commitment to defending the fundamental rights of Nigerian citizens. The organization became involved after several accused individuals, including Yusuf Adepoju, Mubarak Adepoju, and Tunde Badmus, approached HURMA, alleging mistreatment by the authorities.
Alabi highlighted several irregularities in the case, noting that the accused were never invited by the Nigeria Police Force for questioning nor presented with any allegations prior to being charged. Furthermore, the case was filed without a proper investigation, causing embarrassment and distress for the defendants upon discovering it was pending in court.
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A petition sent to the police on November 7, 2022, from HURMA raised concerns about the alleged illegal exercise of power by Zone 2 Command. The command later acknowledged its missteps and filed a motion to withdraw the charges, which had not been properly investigated.
Assistant Superintendent of Police (ASP) Ahmed Kanike confirmed in a sworn affidavit that the charges were pressed without an investigation. He also revealed that only one defendant had been invited or questioned. Moreover, Assistant Chief State Counsel T.A. Mukuolu attempted to take over the case on behalf of the Attorney-General, despite ongoing procedural inconsistencies.
HURMA's Alabi called for an investigation into those responsible for this unconstitutional prosecution, stressing that no prosecution should proceed without adequate investigation. He urged the Attorney-General to ensure justice is served in this case, in accordance with Nigeria's legal principles and respect for fundamental human rights.
The organization believes that some individuals within the Federal Ministry of Justice are abusing their power for personal vendettas, neglecting proper legal processes. HURMA reaffirmed its commitment to holding such authorities accountable to prevent innocent citizens from being victimized by an unjust system.
