CSW is concerned by reports that Luka Binniyat, a journalist and spokesperson for the Southern Kaduna Peoples Union (SOKAPU) who has been detained arbitrarily for over two months in Kaduna state, central Nigeria, is now gravely ill.

According to The Middle Belt Times, when Mr Binniyat’s wife, Gladys, visited the Kaduna Maximum Custodial Centre where her husband is currently being held on 5 January, she was informed he was too unwell to see her, and that he had been taken to the “poorly equipped” prison clinic in a wheelchair on 4 January.

The Human Rights Writers Association of Nigeria (HURIWA) has called on the Kaduna State House of Assembly to ensure Mr Binniyat “is not endangered in anyway by any reactionary elements whilst he is being illegally detained without bail […] over a mere civil related cause of action which ordinarily shouldn’t be subjected to official manipulation.” Weeks earlier, former presidential candidate  Omoyele Sowore called on the international community to sanction Kaduna State governor, Nasir el-Rufai, over Mr Binniyat’s continued detention.

Mr Binniyat was arrested on 4 November 2021 at the SOKAPU office by members of the Kaduna State Investigation Bureau, who were acting on the orders of Samuel Aruwan, the Kaduna state Commissioner for Internal Security.  He was detained in connection with an article he had written in October 2021 for the Epoque Times, an online newspaper based in the United States. In the article,  he had criticised the government’s lacklustre response to attacks on communities in three Local Government Areas (LGAs) of southern Kaduna which occurred in September, and in which at least 49 people died and 27 were abducted.

Mr Binniyat was initially held in Gabasawa Police Station. On 8 November 2021 he was taken to the Barnawa Magistrate Court in handcuffs, where police filed charges against him under Section 24 (b) of the Cybercrimes Act. During a hearing on 9 November 2021, an application for bail was made, and the magistrate adjourned to the court until 10 November 2021 for a ruling.

Also on 9 November 2021, Mr Aruwan issued a statement in which he claimed to have been defamed in an article, in a quote attributed to the Senator Danjuma La’ah, who represents Kaduna South in the National Assembly, and who subsequently denied having made the comment. When Mr Binniyat returned to court on 10 November 2021, his request for bail was denied, and he was transferred to the maximum security prison.  

On 22 November 2021, Mr Binniyat was brought to court, but the judge did not attend and he was obliged to spend the night in Kakuri Police Station. During a hearing which took place the next day, Mr Binniyat’s lawyers argued he was being detained illegally, since magistrate courts do not have jurisdiction over cyberstalking cases. The judge then scheduled a bail hearing for 6 December 2021, which he did not attend, claiming his annual leave had begun on 1 December.

A new date was set for 29 December 2021; however, the judge failed to attend once again, and Mr Binniyat was not even brought to court. As his lawyers concluded plans to apply for a hearing in a higher court, the prosecution filed the case in a high court, and reportedly served the papers to Mr Binniyat in prison.

This is the second time Mr Binniyat has been detained arbitrarily. In 2017 he was arrested and charged in connection with an article based on information which was later found to be false, which he had made strenuous attempts to retract prior to publication, and for which he had publicly apologised. After many adjournments and lengthy gaps between hearings, he was released on bail after spending 96 days in detention.

CSW’s Founder President Mervyn Thomas said: “CSW is concerned by reports that Luka Binniyat is gravely ill in prison, and calls for his immediate release. The unwarranted delays in his court hearings seem to be punitive actions designed to deprive him of his liberty for as long as possible, and in a manner incompatible with judicial impartiality and due process. We counsel the Kaduna state authorities to ensure Mr Binniyat receives comprehensive care, as they will be held accountable should anything untoward occur, and urge them to focus on arresting genuine instigators and perpetrators of violence, and protecting citizens regardless of their creed or ethnicity. We also urge the international community to maintain close scrutiny on the situation in Kaduna, and across central Nigeria, raising this ongoing human rights crisis with the Nigerian government at every opportunity, and assisting in addressing the violence in every possible manner.”

Notes to Editors:

1.       Section 24 (b) of the Cybercrimes (Prohibition, Prevention etc.,) Act of 2015 states that “Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that… (b) he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 [US$17,049] or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”

2.       While its efforts to quell the violence in southern Kaduna have been inadequate, the current administration acts quickly to silence those who raise awareness about the plight of victims. Others who have experienced judicial harassment include:

·       PhD student Barack Zebedee, who was arrested on charges of incitement in May 2017 for a post in a WhatsApp Group created to assist victims of the violence.

·       Journalist Midat Joseph, who was detained for 48 hours in April 2017 for contributing to a conversation in a WhatsApp group calling for a peaceful protest against the continuing killings in southern Kaduna by Fulani militia.

·       Freelance journalist Sunny Yayock, who was charged with ‘criminal conspiracy’, ‘inciting disturbance’ and ‘injurious falsehood’ alongside Mr Joseph. The case was dismissed in July 2017.

·       Journalist Steven Kefas, who was arrested on 8 May 2019 in Rivers State in southern Nigeria and transported to Kaduna state where he was held for 162 days prior to being granted bail for sharing via social media an exclusive story by an online journal on the events leading up to the abduction and murder by Fulani assailants of the paramount ruler of the Adara people in October 2018.