USA Africa Dialogue Series - Fw: Free at Last: Tonye Okio and Politicians' Losing War against Openness

Citizen Tonye Okio has finally regained his freedom. He has been in detention in a prison in Bayelsa State since late October 2013. His story is scary and symptomatic of the intolerance of the political system and the permissiveness of the judicial system, all at once. He was charged with criminal defamation for allegedly posting on his facebook wall that a Governor in one of the south south states was arrested outside the shoes of Nigeria. He did not mention any Governor by name. The magistrate granted him bail on the condition that a serving permanent secretary in Baylsa State stands surety for him. It was like granting bail with one hand and taking it away with another, given the subservience of our public officers today. Unless a member of his family or acquaintance was a permanent secretary, it was clear that the conditions could not be met. And precisely that was what happened. His family searched and searched in vain for a permanent secretary that would risk his lofty position to bail him to no avail.

It is necessary to be categorical that the main motive for my agreeing to represent Mr Tonye Okio who has been in detention since late October 2013 is my belief that criminal defamation or sedition has no place in our liberal democracy. I am neither for any of the political parties locking horns in Bayelsa State. I am not a bourgeois politician. If anything my oft-stated position is that all the mainstream political parties are birds of the same feather.

Let it be clear that tomorrow if I sense that any politician or person is being harassed with the law of criminal defamation or sedition I shall throw my hat in the ring. Our democracy is unsafe if people are not free to say what they like about anyone or on any issue, no matter how ridiculous what they say might be. Anyone who is aggrieved should seek remedy either in stating the true position or approaching the court in civil libel. It is unacceptable that state machinery should be seen as being used to intimidate citizens of this country as it appears unfortunately in the Okio's case.

I am grateful to God that Honurable Justice Buofini of the Bayelsa High Court has quashed the unbelievably onerous bail conditions issued by the Magistrate. How the magistrate ordered that a serving permanent secretary should stand as a surety when the defendant was charged with defaming the serving governor remains shocking. I commend the High Court judge for privileging citizens right over petty schemings of politicians, although we were initially disappointed that the case was not expeditiously treated, given that the liberty of a citizen was involved.

I believe that this case would show those who occupy public offices in our country today cannot use their positions to emasculate citizens of Nigeria. Indeed their mandate is to protect the rights of all citizens including those who disagree with them. The more vehemence the disagreement, the more willing should the public officers be to protect the rights of such citizen.

The other lesson that politicians should take away from the Okio saga is that the social media and Internet journalism has come to stay. It is technology's contribution to democracy, openness and justice in our epoch. There is nothing anyone can do about that. The earlier they get this and know that it is hopeless to chase a shadow the better for everyone. But even if they refuse to get it, we will force it into their psyche.

Bamidele Aturu