Mohammed Kaka Misau
A Lecturer with the Sa’adu Zungur University Gadau, Misau Campus, Bauchi state, Dr. Ibrahim Danjuma has stated that the Final Year student of Federal University Dutse, Aminu should have been charged to court over allegation of Defamation of Character of President Muhammadu Buhari’s wife, Hajiya Aisha Buhari and not tortured as reported in the media.
Dr. Danjuma who is also the Head of Public Law Department, Faculty of Law of the University said torturing him was wrong and unlawful.
“If he was truly tortured then two wrongs cannot make a right, it’s against Section 34(1)(a) of 1999 Constitution of the Federal Republic of Nigeria to torture anyone and it’s also against the International Convention Against Torture to torture any suspect or person alleged to have committed an offence” he said.
Dr. Danjuma who insisted that if the suspect was tortured, it was an infringement on his rights.
“His right has been infringed upon and he can seek redress in the court of law if at all he was tortured by the operatives of the security agencies”, the Lecturer said.
“Regarding the case of Aminu Adamu and Her Excellency, Hajiya Aisha Buhari, I have read it online and have seen the allegation he levelled against her”, he said while speaking in an interview with Baushe Daily Times.
“Ordinarily in the eyes of the law what he did is punishable under the law and in that regard he can be arrested and arraigned before the court of law to face charges on the alleged offence he committed, if at all he is found guilty, he would be punished accordingly”, the Lawyer pointed out.
“But on the other hand, even though I have no reliable source, I was made to understand that he was arrested and taken to Abuja and thereafter he was tortured by the security personnel that arrested him”, he said.
The Lawyer further said, “in the first place I think based on the information available to me I found no clear information about the security agencies that arrested him, either the DSS or is it the police or the military that arrested him and took him away, but what I read is that he was arrested and taken to Abuja”.
“And on the issue of torture, there is no clear indication as to who tortured him, where and how, so in that regard. If truly he has committed an offence, after investigation has been concluded, he can be charged to court of law”. Dr. Danjuma stated.
He pointed out that the jurisdiction of the court he should be charged to should also be considered.
“Even though he posted it online, but the place where the offense was committed should be put into consideration in taking him to court for proper trial if truly he made the post in Dutse in Jigawa state, I think the proper court that can try him should be the one in Jigawa state”, the Lawyer explained.
On whether the suspect has a case, Dr. Danjuma reasoned that, “it depends on the facts given, if truly he was tortured then in that regard he can file a civil action against the person who ordered his torture and the person who executed the order”.
“And from the other side, if truly after investigation, it is established that he has committed an offence then the right thing to do is to arraign him before a court of competent jurisdiction for proper trial”, the Lawyer posited.
He advised members of the public against posting things that are demeaning or that can defame the character of another fellow no matter his status to avoid falling afoul of the law.
“Ensure whatever you post on social media does not run contrary to the law”, Dr. Danjuma further advised.