We, the undersigned Media and Civil Society Organisations (CSOs), strongly condemn the remand of Daniel Ojukwu, a journalist with the Foundation for Investigative Journalism (FIJ), at the Kuje Correctional Centre in Abuja, following his arraignment on a 12-count charge relating to investigative reports published in 2023 and 2024 concerning the expenditure of public funds by the Office of the Senior Special Assistant to the President on Sustainable Development Goals (OSSAP-SDGs).
The recent decision of the Federal High Court to remand Ojukwu until 1 December 2026, when his bail application will be heard, is deeply concerning.
Mr.Ojukwu had pleaded not guilty to all charges, while his Counsel had informed the Court of his adherence to all conditions under his previously granted administrative bail.
Notwithstanding these reasons, the Court went on to decline the request to continue on the existing bail pending the hearing of his application.
We consider this development a disturbing escalation in the use of criminal prosecution and restrictive cybercrime provisions against journalists performing a legitimate public accountability function, in accordance with Section 22 of the 1999 Constitution, as amended.
It also sends a chilling message to the media community and reinforces the growing risks faced by those who investigate, expose and report matters of public interest.
The reports at the centre of this prosecution had raised questions about public expenditure, including payments of N147.1 million and N47.5 million for classroom construction projects and concerns on the functionality of solar installations reportedly completed under the projects.
These are legitimate matters of public interest that demand transparency and accountability.
It is a well-established principle and norm of democratic governance that public officials and institutions entrusted with public resources must be open to scrutiny and prepared to provide explanations about their decisions, including those around expenditure in a democracy.
In any event, the Constitution imposes a duty on the press, radio, television and other agencies of the mass media while also affirming their freedom at all times to “uphold the responsibility and accountability of the Government to the people.”
Thus, the appropriate response to investigative journalism should be far from intimidation, detention or criminal prosecution.
Where a report is considered inaccurate or defamatory, the law provides legitimate avenues for redress that must be pursued in a manner consistent with constitutional guarantees and Nigeria’s human rights obligations.
The criminal justice system must never become an instrument for silencing scrutiny, discouraging whistleblowing or shielding public officials from accountability.
We are particularly alarmed that this is not the first time Ojukwu has faced detention over the same reporting.
In May 2024, he was arrested and detained for 10 days before his release following public outcry.
The renewed prosecution and his latest remand continue to raise serious concerns about a pattern of harassment capable of undermining press freedom and creating a climate of fear among investigative journalists.
These implications extend beyond Daniel Ojukwu and FIJ.
When a journalist can be detained over reports examining the management of public funds, every journalist, newsroom, whistleblower, civil society organisation and citizen engaged in demanding accountability is placed at risk.
A society in which journalists are afraid to investigate public institutions is a society in which corruption, abuse of power and impunity can thrive unchecked.
We remind the Nigerian government that freedom of expression and the press are guaranteed under Sections 22 and 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
These rights are further protected by Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
Nigeria has an obligation to respect, protect and fulfil these rights by ensuring that journalists can carry out their professional responsibilities without intimidation, arbitrary detention or reprisals.
Our demands
In view of the foregoing, we call on the relevant authorities to:
- Secure the immediate release of Daniel Ojukwu and ensure that he is granted bail pending the determination of the charges against him. His continued detention over reporting on matters of public interest is unacceptable.
- Discontinue the use of criminal prosecution to intimidate journalists for legitimate investigative reporting, particularly where such reporting concerns public expenditure, alleged corruption and the conduct of public officials; to encourage transparency
- End the misuse of the Cybercrimes Act and criminal defamation provisions as instruments for suppressing freedom of expression, independent journalism and public-interest reporting.
- Ensure the safety and protection of journalists, including Mr. Daniel Ojukwu, against harassment, intimidation, arbitrary arrest and reprisals arising from their work.
- Guarantee transparency and accountability in public expenditure by addressing the substantive questions raised in the FIJ investigations through disclosure of relevant records, independent scrutiny and appropriate accountability mechanisms.
We emphasise that press freedom is not a privilege granted at the discretion of public officials but a fundamental democratic guarantee.
Journalists must be able to investigate public institutions, question the management of public resources and report matters of public interest without fear of imprisonment, harassment or reprisals.
The Nigerian government cannot credibly profess commitment to transparency, anti-corruption and democratic governance while journalists who investigate public expenditure face detention and criminal prosecution.
Mr. Ojukwu must not be punished for doing his job. His immediate release is imperative, and the criminalization of investigative journalism must end.
SIGNED:
- Accountability Lab Nigeria
- BudgIT
- Cable Newspaper Journalism Foundation
- Centre for Journalism Innovation and Development (CJID)
- Dataphyte Foundation
- Digital Africa Research and Safety Lab (DigiAfricaLab)
- Digital Rights Lawyers Initiative (DRLI)
- Enough is Enough (EiE) Nigeria
- Gatefield Impact Foundation
- Global Rights
- Hope Behind Bars Africa
- International Press Centre (IPC)
- Media Rights Agenda (MRA)
- Network of University Legal Aid Institutions (NULAI) Nigeria
- Socio-Economic Rights and Accountability Project (SERAP)
- Techsocietal
- WikkiTimes
