A federal court in Abuja has rejected a lawsuit filed by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) in Adamawa, who sought protection against arrest, detention, or prosecution by the police and others. The court ruled that the lawsuit lacked merit, denying the request for immunity from arrest, detention, or prosecution.
Yunusa-Ari claimed that he was subjected to a “media trial” and that his fundamental rights were violated through negative media coverage and social media posts, depriving him of fair hearing. However, the court held that the media has the freedom to report news, emphasizing that news reporting is not a court of law.
The suspended REC filed the suit against the Inspector-General of Police, the Nigeria Police Force, the Attorney-General of the Federation, the Director of the State Security Service, and the Independent National Electoral Commission (INEC). He sought an injunction to prevent his arrest, detention, harassment, or intimidation for carrying out his duties during the gubernatorial election. Additionally, he demanded a public apology for alleged unlawful media trials and negative press coverage.
Yunusa-Ari claimed that his interim report on the general elections raised criminal issues against security agencies and some INEC staff. He alleged that instead of investigating the issues raised, the respondents engaged in media trials against him.
The court emphasized that while fundamental rights are important, they are not absolute. It maintained that a person may be investigated or prosecuted if a prima facie case is established against them. Consequently, the court dismissed the suit for lacking merit.
This ruling underscores the balance between fundamental rights and legal obligations, reaffirming the principle that individuals are not immune to investigation or prosecution when credible evidence is presented.
