- Alleges Creeping Tyranny Under The President
HUMAN rights lawyer and activist, Comrade Femi Aborisade, has appealed to President Bola Ahmed Tinubu to direct the immediate release of labour activist, Comrade Andrew Emelieze, who has been detained by the Department of State Services (DSS) since July 3, 2025.
Comrade Aborisade said as a former pro-democracy campaigner “who also contributed to resisting military dictatorship,” President Tinubu “should intervene to secure Emelieze’s release.”
He also demanded expedited arraignment to allow for a bail application, noting that the DSS has already filed an “Affidavit of Completion of Investigation.”
The demand follows the service of a four-count charge against Emelieze, which Aborisade described as an attempt to criminalise democratic rights, including peaceful protest and freedom of expression.
In a press statement dated Tuesday, July 8, but made available to National Record in the early hours of Wednesday, July 9, 2025; Aborisade, Managing Partner of ABOPE Chambers, revealed that the charges against Emelieze include allegations of issuing statements “injurious to the President of Nigeria” (Count One), threatening to protest at Aso Rock (Count Two), assembling people to “cause fear and disrupt peace” (Count Three), and resisting DSS invitation (Count Four).
The human rights lawyer argued that these charges violate constitutional rights, citing the Court of Appeal’s ruling in Arthur Nwankwo v. The State (1985), which upheld freedom of speech as sacrosanct.
Aborisade also highlighted illegality in Emelieze’s detention. He stated that despite a court order on July 4 directing the activist to be remanded at Agodi Correctional Centre for 14 days, the DSS has continued to hold him in their custody, denying him access to lawyers until July 8.
The lawyer urged the DSS to comply with the court order and transfer Emelieze to the correctional facility, where he can receive visits from family and supporters.
Emelieze, a prominent advocate for workers’ welfare, and National Coordinator of the Federal Workers Forum (FWF), is known for organising peaceful protests and social media campaigns.
Aborisade emphasised that his client’s activism poses no threat to national security. “He is a man driven by transformative ideas, not weapons.”
Emelieze’s invitation by the DSS and subsequent detention has drawn attention to the ongoing tension between Nigeria’s security agencies and civil society, raising concerns about the erosion of democratic freedoms.
Critics argue that the case reflects growing tyranny under President Tinubu, a man who once resisted military rule. “Tinubu should know better than to weaponize security agencies against peaceful critics,” said a coalition of civil society groups.
Activists warn that the charges against Emelieze set a dangerous precedent for stifling dissent.
Details of Charges
Aborisade, in the statement, provided details of the charges to include:
“Count one of the Charge is a complaint that Comrade Andrew Emelieze “issued statements that is (sic!) injurious to President of Federal Republic of Nigeria”, purportedly contrary to Section 50(2)(a) of the Criminal Code Act but essentially alleging that Comrade Andrew committed seditious acts.
“The Court of Appeal in the case of Arthur Nwankwo v. The State (1985) 6 NCLR 228, has declared any provision of any law that constrains freedom of speech to be unconstitutional. According to the Court, per Olatawura JCA,
“The decision of the founding fathers of this present constitution which guarantees freedom of speech which must include freedom to criticize should be praised and any attempt to derogate from it except as provided in the Constitution must be resisted. Those in public office should not be intolerant of criticism. Where a writer exceeds the bounds there should be a resort to the law of libel where the plaintiff must of necessity put his character and reputation in issue.'”
“Count two is an allegation that Comrade Andrew threatened to invade Aso Rock and protest against tyranny, an act purportedly contrary to Section 24((1)(b) of the Cybercrime Act. The threats of carrying out peaceful protest with placards is a fundamental right that should not be criminalized. The Security agencies should confront armed terrorists and bandits, not peaceful protesters like Andrew Emelieze whose only “weapon” is open street rallies, placards, press statements and active social media presence.
“Count number three is an allegation that Comrade Andrew assembled some people at the Oyo State Secretariat in Ibadan “to cause fear and disrupt peace” allegedly “contrary to Section 24(1)(b) of the Cyber Crime Prohibition Prevention Act 2015 …”.
“We need to point out to the SSS that Section 24 of the Cybercrime Act, which previously criminalized freedom of speech has been amended and it now provides against knowingly sending pornographic material and false information intended to cause breakdown of law and order. No stretch of imagination can bring peaceful protests and rallies guaranteed under Section 40 of the Constitution within the Cybercrime Act.
“The fourth count of the Charge is a complaint that Comrade Andrew Emelieze “resisted/declined invitation by operatives of Department of State Services”. However, it is on record that Comrade Andrew has always willingly honoured invitations by the DSS. On 3/7/2025, our Mr. Yusuff Akinola accompanied Comrade Andrew to the DSS premises. He has been under their custody ever since without access to his lawyers, until today, 8/7/2025.”
