The attention of the Office of the Special Adviser to the Governor on Justice and Constitutional Matters has been drawn to a statement attributed to Amnesty International alleging a pattern of arrests, detention and intimidation of critics of the Kano State Government and expressing concern over the alleged restriction of freedom of expression in the State.
The Kano State Government takes such concerns seriously and wishes to reaffirm, unequivocally, its commitment to freedom of expression, peaceful dissent, fundamental human rights, the rule of law and due process, as guaranteed by the Constitution of the Federal Republic of Nigeria.
The clarification was contained in a statement issued by Aminu Hussaini Esq.
Special Adviser to the Governor on Justice and Constitutional Matters Kano State Government issued on Friday.
The statement said the Government has neither a policy nor an institutional directive to arrest, detain or intimidate citizens merely because they criticise the Governor, his Administration or its policies.
The statement maintained that “Indeed, legitimate criticism and peaceful expression of divergent views are integral to democratic governance.”
The Special Adviser to the Governor on Justice and Constitutional Aminu Hussein however said, it is important to distinguish between the exercise of constitutionally protected expression and allegations of conduct that may constitute an offence under applicable laws.
According to the statement the S.A also stated “Where security or law-enforcement agencies receive credible complaints or information concerning alleged criminal conduct, they are legally empowered to investigate and where necessary, take appropriate action in accordance with the law.”
The statement pointed out that such investigative or law-enforcement action should not, without a proper examination of the facts and circumstances of each case, automatically be characterised as persecution or suppression of dissent simply because the person concerned is critical of Government.
“With respect to the specific individuals referenced in the Amnesty International statement, the Government considers it appropriate that each case be assessed on its own facts, including the circumstances leading to any invitation, arrest or detention, the nature of the allegation, the applicable law and where relevant, any proceedings or orders of a competent court.”
“The Government equally reiterates that no citizen should be arrested or detained solely for expressing a lawful opinion or criticising a public official or government policy. Where there is credible evidence of unlawful detention, denial of due process or abuse of fundamental rights, such concerns deserve to be properly examined and appropriately addressed.”
At the same time, the statement stressed that the constitutional guarantee of freedom of expression does not confer immunity from generally applicable laws where conduct, established upon due process, crosses the legal threshold into a criminal offence.
The statement further stressed that the Kano State Government therefore welcomes responsible engagement with human-rights organisations, including Amnesty International and remains open to receiving specific and verifiable information concerning any alleged violation of fundamental rights within the State.
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“The Administration of His Excellency, Governor Abba Kabir Yusuf, remains firmly committed to democratic governance, constitutionalism and rule of law, protection of fundamental rights and the peaceful coexistence of citizens holding diverse political opinions.” Special Adviser to the Governor on Justice and Constitutional however said.
