RELEASE JONATHAN ELENDU PETITION
His Excellency Musa Yar 'Adua, the President of Federal Republic of Nigeria
Sen. David Mark, the Senate President
Hon. Oladimeji Saburi Bankole, Speaker of the House of Representatives
Michael Kaase Aondoakaa, the Federal Minister for Justice.
We, the undersigned, have heard with great alarm of the arrest of Mr.
Jonathan Elendu in Abuja, on Saturday October 18, 2008. Mr. Elendu is a
journalist with an online-based newspaper and a resident of the United
States of America. The State Security Services (SSS) arrested Mr. Elendu on
the pretense that they wanted him for routine questioning. They, however,
seized his international passport and luggage and threw him into the gulag
without due process. We are equally shocked that the government has denied
Mr. Elendu access to his family and/or his attorney. It is disheartening,
unconscionable and a violation of fundamental human rights and every
applicable law that up till date, Mr. Elendu, has not been charged to court
or appraised of the reason behind his illegal detention. His attorney, Mr.
Muoma, has followed up with a formal written request for Mr. Elendu's
release and an application for legal visits but the government ignored the
applications without any valid reason.
Speculations are rife that Mr. Elendu's arrest was in connection with the
recent leaks within the presidency, where pictures of the president's
13-year old son were circulated online. Some of those pictures depicted the
president's 13-year old son playing with money in a room full of money,
totting a shot gun, riding in an expensive open convertible car, etc. While
it is understandable that these pictures are embarrassing to say the least,
this should call for soul searching on the part of the first family
(presidency) as opposed to intimidation or arrest of investigative
journalists that expose the indiscretions of public citizens. In any case,
if this is the rationale behind Mr. Elendu's detention the government should
charge him to court if he has violated any law under the constitution of
Nigeria. The continued detention of Mr. Elendu is an abuse of power,
harassment and intimidation of the media as well as an act that muzzles
freedom of speech. This violates Article 19 of the Universal Declaration of
Human Rights which is recognized in international human rights law in the
International Covenant on Civil and Political Rights (ICCPR). The ICCPR
recognizes the right to freedom of speech as the right to hold opinions
without interference. Furthermore, it is disheartening that the government
of President Musa Yar 'Adua which claims to respects the rule of law appears
to encourage the trampling of the rule of law underfoot. The detention of
Mr. Elendu without charges is illegal and contravenes Nigeria's primary law
- the 1999 Constitution of the Federal Republic of Nigeria. Specifically, it
violates the Freedom of Expression provisions of Chapter 1V 39(1) and the
provisions of Chapter 11-22 which gives the press and other agencies of mass
media the freedom to uphold the responsibility and accountability of the
Government to the people. So far, no due process has been followed to show
that Mr. Elendu has violated any laws as provided for in the 1999 Nigeria
constitution.
We the undersigned regard this case as an embarrassment to the government of
Nigeria and a serious dent to the credibility of President Yar 'Adua. We
appeal on the grounds of compassion and due process for the unconditional
release of Mr. Jonathan Elendu so that he can return to his family and work.
In addition we urge you to:
1. Guarantee in all circumstances the physical and psychological integrity
of Mr. Jonathan Elendu;
2. Assure that while in detention he is granted immediate and regular access
to his family, a lawyer of his choice, and any necessary medical treatment;
3. Ensure in all circumstances respect for human rights and fundamental
freedoms in accordance with the Universal Declaration of Human Rights and
with international and regional human rights instruments ratified by
Nigeria.
Yours sincerely,
FRIENDS OF DEMOCRACY
1. Folu Ogundimu USA