21/08/2026
AWARENESS FOR HUMAN RIGHT AND CHARITY FOUNDATION (AHRCF)
CALL FOR EFCC TO REVIEW THE DETENTION OF CITIZENS OVER ALLEGED “DEFAMATION OF CHARACTER AND FALSE PUBLICATION”
21 August 2026
Awareness for Human Rights and Charity Foundation (AHRCF), a human rights and public-interest organisation committed to the protection and promotion of fundamental human rights, the rule of law and access to justice, has taken note of documents and information circulating concerning the arrest and continued detention of persons identified in the documents as Maryam Shehu Sani and Shuraim Abdulhamid Abubakar, in connection with allegations described in the documents as “Defamation of Character and False Publication.”
AHRCF wishes to state clearly that we do not, at this stage, pronounce either of the persons guilty or innocent of the allegations. The constitutional principle of presumption of innocence requires every person charged with a criminal offence to be presumed innocent until proved guilty by a competent court.
OUR LEGAL CONCERNS
AHRCF is particularly concerned about the reported continued detention of the suspects and the legal basis upon which such detention is being maintained.
Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees the right to personal liberty and permits deprivation of liberty only in circumstances and according to a procedure permitted by law. Section 35(4) further requires a person arrested or detained upon reasonable suspicion of committing an offence to be brought before a court within a reasonable time.
Under Section 35(5) of the Constitution, “reasonable time” ordinarily means one day where there is a court of competent jurisdiction within 40 kilometres, and two days in other circumstances, subject to the constitutional qualification concerning a longer period considered reasonable by the court.
Furthermore, Section 35(2) guarantees an arrested or detained person the right to remain silent or avoid answering questions until after consultation with a legal practitioner of their choice.
Section 36(5) of the Constitution also guarantees the fundamental principle that every person charged with a criminal offence is presumed innocent until proved guilty.
CONCERN REGARDING THE ROLE OF EFCC
AHRCF is also concerned by the apparent description of the allegations in the documents as “Defamation of Character and False Publication.”
The statutory mandate of the Economic and Financial Crimes Commission is principally directed towards the investigation, enforcement and prosecution of economic and financial crimes. Section 7 of the EFCC (Establishment) Act empowers the Commission to investigate offences under the EFCC Act and other laws relating to economic and financial crimes. The EFCC itself describes its statutory mandate in similar terms.
Accordingly, where the allegation against a citizen is limited to defamation or false publication, the public is entitled to know the specific statutory provision conferring jurisdiction on the EFCC to investigate the particular allegation and to continue the detention of the affected person.
We therefore call upon the EFCC to publicly clarify:
1. The exact offence or offences for which each suspect was arrested and detained.
2. The specific law and section under which the suspects are being investigated.
3. Whether there is any allegation involving economic or financial crime in addition to the allegations described in the documents as defamation and false publication.
4. Whether the suspects have been charged before a court of competent jurisdiction.
5. If they remain in custody without formal arraignment, the legal authority and court order, if any, authorising their continued detention.
6. Whether the suspects have been given access to their legal practitioners, family members and other rights guaranteed under Nigerian law.
DETENTION MUST NOT BECOME PUNISHMENT BEFORE TRIAL
AHRCF emphasises that arrest and detention are investigative or judicial measures; they must not become a substitute for conviction or a form of punishment before trial.
Where the prosecution has sufficient evidence, the appropriate course is to charge the suspect before the competent court and allow the judicial process to commence.
Where the legal requirements for continued detention have not been satisfied, the person should be released, subject to any lawful conditions the competent court may impose.
The Administration of Criminal Justice Act, 2015 also provides a judicial framework for remand proceedings. Under Section 293, where applicable, a suspect arrested for an offence which a Magistrate Court lacks jurisdiction to try is to be brought before a Magistrate Court within a reasonable time for remand proceedings. Section 296 provides that an initial remand order should not exceed 14 days, with further extensions subject to the statutory requirements and judicial supervision. Where the statutory requirements for continued remand are not satisfied, the law provides for release.
Therefore, administrative detention without proper judicial supervision cannot be allowed to become an indefinite substitute for prosecution.
FREEDOM OF EXPRESSION AND HUMAN RIGHTS
AHRCF further recalls that Section 39(1) of the Constitution guarantees every person the right to freedom of expression, including the right to hold opinions and to receive and impart ideas and information without interference.
However, AHRCF also recognises that freedom of expression is not absolute and that laws may impose lawful and constitutionally permissible restrictions. Therefore, allegations of defamation or unlawful publication should be addressed strictly through due process of law, rather than through arbitrary or disproportionate detention.
AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
Nigeria is also bound by the African Charter on Human and Peoples’ Rights as domesticated in Nigeria.
Article 6 of the African Charter guarantees the right to liberty and security of the person and provides that no person should be arbitrarily arrested or detained.
Article 7 guarantees the right to have one's cause heard, including the right to defence by counsel of one's choice, the presumption of innocence and the right to be tried within a reasonable time by an impartial court or tribunal.
These principles reinforce the constitutional requirement that law-enforcement agencies must operate within the boundaries of law, due process and respect for human dignity.
OUR DEMANDS
In view of the foregoing, Awareness for Human Rights and Charity Foundation (AHRCF) hereby calls upon the Economic and Financial Crimes Commission (EFCC) to:
1. Immediately review the continued detention of the affected persons.
2. Release them immediately if there is no valid legal or judicial basis for their continued detention.
3. Alternatively, where sufficient evidence exists, promptly arraign them before a court of competent jurisdiction and allow the matter to proceed according to law.
4. Publicly disclose the exact statutory provision under which the EFCC is exercising jurisdiction over the alleged conduct.
5. Produce and make available, where legally permissible, the relevant remand order or other judicial authority relied upon to justify any continued detention.
6. Ensure that the suspects have immediate access to legal representation and all other constitutional rights available to persons in custody.
7. Ensure that the suspects are not subjected to torture, intimidation, degrading treatment or any form of coercion during investigation.
8. Ensure that the investigation is conducted professionally, impartially and without political, personal or extraneous considerations.
CALL FOR INDEPENDENT JUDICIAL OVERSIGHT
AHRCF respectfully calls upon the relevant judicial authorities, the National Human Rights Commission and other competent oversight institutions to take interest in the matter, particularly if it is established that the suspects have remained in detention beyond the period permitted by law without a valid judicial order or lawful basis.
We also call upon legal practitioners, civil society organisations and members of the public to remain vigilant in protecting the rule of law while allowing legitimate criminal investigations to proceed.
OUR POSITION
AHRCF is not opposed to lawful investigation or prosecution. We recognise the legitimate duty of law-enforcement agencies to investigate allegations of crime and bring offenders before the courts.
However, the fight against crime must itself be conducted within the law.
No law-enforcement agency should be above the Constitution, and no citizen should be deprived of liberty except in accordance with the law.
AHRCF therefore urges the EFCC to act with transparency, professionalism and strict adherence to constitutional safeguards.
JUSTICE MUST BE DONE, BUT JUSTICE MUST ALSO BE SEEN TO BE DONE.
Signed:
AWARENESS FOR HUMAN RIGHTS AND CHARITY FOUNDATION (AHRCF)
National Secretariat, Kano State
Human Rights & Public Interest Desk
Human Rights Watch
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