The Legal Defence and Assistance Project (LEDAP), a nonprofit organisation that promotes and protects human rights and the rule of law, has called for the withdrawal of criminal charges against Farida Isiak, a 23-year-old journalist with Nagarta Radio in Kaduna State, over a Facebook post criticising the police.
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The rights organisation also demanded an independent investigation into alleged misconduct by the police officers involved in her arrest and the detention of her parents.
In a statement issued on Thursday, LEDAP said recent investigative reporting by the International Centre for Investigative Reporting (ICIR) had raised fresh concerns about the circumstances surrounding Ms Isiak’s arrest and prosecution.
PREMIUM TIMES had earlier reported that the incident began on 19 October following a disagreement between Ms Isiak’s mother and a neighbour over ₦100 change from a charcoal sale.
According to family sources, the journalist’s mother sold N400 worth of charcoal to a girl sent by their neighbour. The girl paid with a N500 note but was allowed to take the charcoal and return later with the money. When she eventually paid, the woman gave her N100 as change.
The following day, the neighbour returned to buy charcoal and disputed the earlier transaction, insisting that she had not received her change. The disagreement escalated, and the neighbour reportedly returned with another woman before police officers were called to the scene.
As PREMIUM TIMES reported, police officers arrested Ms Isiak’s mother. Her father was also detained after he went to the police station to secure his wife’s release.
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Family sources alleged that the police used the detention of her parents to compel the journalist to report to the station.
Ms Isiak had earlier criticised the police on Facebook over the arrest of her parents. PREMIUM TIMES reported that officers accused her of defamation and demanded that she delete the post and apologise to Usman Adamu, the Divisional Police Officer (DPO) of Mararaban Jos.
She reportedly complied, hoping her parents would be released. However, the police subsequently detained her.
On 21 October, she was taken before a Sharia Court in Kawo, where she pleaded guilty to the defamation charge and was sentenced to four years’ imprisonment or a ₦1.75 million fine.
However, after her lawyer, Mukhtar Abubakar, intervened, the court set aside the initial proceedings and conviction, allowing her to enter a fresh plea. She pleaded not guilty and was granted bail, PREMIUM TIMES reported.
Allegations against the police
LEDAP’s statement drew on an ICIR investigation published on 2 November, titled “How Police Allegedly Discarded Due Process in Kaduna Journalist’s Arrest.”
The investigation detailed Ms Isiak’s allegations that police officers detained her parents to force her to report to the station over her Facebook post.
She also alleged that officers demanded that she delete the post and apologise to the DPO before her parents could be released.
LEDAP said the alleged detention of her parents raised concerns about the practice of “arrest by proxy”, which it said is prohibited under Section 36 of the Nigeria Police Act 2020.
The provision prohibits the police from arresting a person in place of a suspect.
“The reported facts therefore warrant an independent examination of the legal basis for the detention of her parents and the actions of the officers involved,” the statement said.
The organisation also questioned the impartiality of the police investigation, noting that the DPO was reportedly the subject of Ms Isiak’s criticism but was allegedly involved in the investigation.
It said the circumstances raised concerns about a possible conflict of interest, abuse of police authority, and officers’ obligation to act within the law.
Concerns over court proceedings
LEDAP also questioned the initial court proceedings that resulted in Ms Isiak’s conviction and sentence.
It said reports indicated that she was arraigned, convicted and sentenced without her lawyers present, raising concerns about whether she understood the proceedings, had access to legal representation and could exercise her right to a fair hearing.
The organisation said the circumstances surrounding the initial conviction required scrutiny, particularly the decision to proceed without her lawyer.
“The administration of justice must not only be fair but must also be seen to be fair,” the statement said.
Constitutional rights
LEDAP cited Sections 35, 36 and 39 of the 1999 Constitution, which guarantee personal liberty, the right to a fair hearing and freedom of expression.
It said these constitutional protections meant that criminal proceedings should not be used to intimidate people for expressing criticism or holding public officials accountable.
The organisation acknowledged that freedom of expression did not place anyone above the law but stressed that public criticism should not attract intimidation or retaliatory action.
“Criticism of public officials must not attract intimidation, retaliatory action or disproportionate criminal proceedings,” it said.
It added that defamation allegations should be addressed through lawful procedures rather than the misuse of police powers.
LEDAP said the case raised broader concerns about police accountability, access to justice and the integrity of judicial proceedings, particularly the treatment of journalists who report on public institutions.
What LEDAP wants
LEDAP called on the relevant authorities to withdraw the charges against Ms Isiak and take all lawful steps necessary to discontinue her prosecution.
It also demanded an independent, impartial and transparent investigation into the alleged detention of her parents, the circumstances of her arrest, the reported demand that she delete her Facebook post and apologise, and the conduct of the officers involved.
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The organisation further called for an investigation into possible abuse of police authority and conflict of interest, with appropriate disciplinary or legal action against any officer found culpable.
It also sought an independent review of the initial court proceedings, including the conduct of the presiding judicial officer.
The group urged the authorities to guarantee Ms Isiak’s right to a fair hearing in any further proceedings, including access to legal representation, adequate time to prepare her defence and protection from intimidation.
It further called for appropriate remedies for any unlawful arrest or detention suffered by the journalist and her parents, as well as measures to protect journalists reporting on public institutions.
“No individual should be subjected to intimidation, unlawful detention or questionable criminal proceedings for exercising constitutionally protected rights,” the statement said.
LEDAP warned that public officials should not use their office’s authority to pursue personal grievances or suppress legitimate criticism.
It urged Nigerian authorities to demonstrate their commitment to the rule of law, due process, freedom of expression and the protection of citizens’ fundamental rights.
LEDAP is a non-governmental organisation that promotes human rights, the rule of law, accountability and access to justice in Nigeria through legal assistance, advocacy, public interest litigation and human rights education.