by Mark Amaza

On Friday evening, entertainment mogul Audu Maikori was arrested by the Department of State Security (DSS) in Lagos and taken to Abuja. Although the reason for the arrest was not officially stated, Maikori has been in the eye of the storm for the past few weeks for using misleading pictures when protesting against government inaction over the killings in Southern Kaduna, and also telling a story on social media of five students who were killed, which turned out to be fabricated.

Maikori had since taken responsibility for that and apologised, but that did not stop people who called for his arrest for incitement, which is suspected to be the reason behind his arrest.

But besides the curious fact that he was arrested in Lagos State based on a warrant from a magistrate in Kaduna State, is there legally a just cause that he should be arrested?

Under the Northern Nigeria Penal Code and the Criminal Act, incitement is defined as a crime against the state and is restricted to encouraging a member of the Armed Forces or the police to commit a mutinous or traitorous act.

It also prohibits attempts to “excite feelings of disaffection against the person of the President or Governor of a state, or against the government, or the Constitution.”

In truth, it is a colonial-era law that was more intent on stifling dissent or freedom of expression, and its vague wording gives authorities too much latitude to define what incitement to them is.

It is shameful that in a democracy, such a law even continues to exist.

Also, the opinion held by some people that the falsehood of the story and misleading pictures tweeted by Maikori could have led to more violence in Southern Kaduna is at best a leap.

While his falsehood should be condemned by everyone, nothing in his tweets suggested that people should take the law into their own hands and avenge the killings. Rather, it was to bring attention to wanton killings and demanding that the government should live up to its responsibility to protect lives and property.

From all indications, Maikori’s arrest was intended more to intimidate him than to arraign him, and this was evident in his early release – again, without official explanation from the DSS.

It can thus be conclusively said that there was no just cause to arrest Audu Maikori.

Roqeebah

Creative mind. Enthusiast. Learner. Multipotentialite. And here, an assistant editor.