A coalition of civil society organisations (CSOs) has raised concerns over what it described as violations of the rights to a fair trial and due process in the ongoing prosecution of Anambra whistleblower, Nnamdi Emeh, at the Federal High Court in Awka, Anambra State.
The group also said Emeh’s father, Professor John Emeh, had raised the alarm over alleged physical attacks and assassination attempts on the whistleblower while in detention.
Emeh was scheduled to appear before the court on Tuesday as he faces charges of fraud, money laundering, impersonation of a police officer, unlawful possession of a firearm and defamation.
The police initially arrested him on March 6, 2023, in the Republic of Benin, where he had reportedly fled after learning of an arrest warrant against him. Emeh had worked as an IT staff member with the Anambra State Police Command and had disclosed information alleging organ trafficking involving senior police officers in the state, which he said he witnessed.
Following his arrest, the Federal High Court granted him bail on May 17, 2023. However, he has remained in detention despite the bail order, while his trial has been repeatedly adjourned.
Reacting to the development in a statement issued on Tuesday, the Platform to Protect Whistleblowers in Africa (PPLAAF), Blueprint for Free Speech and 14 other CSOs called for Emeh’s immediate release.
The signatories include the African Centre for Media & Information Literacy (AFRICMIL), Centre for Fiscal Transparency and Public Integrity (CIPE), 21st Century Community Empowerment for Youth & Women Initiative (CCEYWI), Paradigm Leadership Support Initiative (PLSI), Social Justice Advocacy Initiative (SJAI), and the Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS).
Others are the Whistleblowing International Network (WIN), The Signals Network, Centre for Free Expression, Human and Environmental Development Agenda (HEDA), International Centre for Investigative Reporting (ICIR), Civil Society Legislative Advocacy Centre (CISLAC), Accountability Lab and Step Up Nigeria.
Expressing concern over Emeh’s prolonged detention and repeated trial delays, the organisations said the case raises serious questions about compliance with the constitutional rights to a fair hearing and due process.
The coalition regretted that despite being granted bail and meeting the stipulated conditions, the whistleblower has remained in custody while his trial has suffered multiple adjournments, stressing the need to uphold the constitutional presumption of innocence and other fair trial guarantees.
“The continued detention of a whistleblower despite repeated court orders for his release raises profound concerns about respect for the rule of law in Nigeria. When individuals who disclose information of significant public interest are deprived of their liberty instead of being protected, it sends a chilling message to all those who seek to expose corruption, serious human rights violations and abuse of power.
“The years-long delay in Nnamdi Emeh’s trial and the refusal to release him after he was granted bail appear to contravene the Nigerian Constitution’s guarantees of the right to personal liberty and the right to a fair hearing.
“The failure to release him on bail is in clear violation of an order of the Federal High Court, which granted him bail pending trial on May 17, 2023. The Inspector-General of Police attempted to revoke the bail order on July 9, 2024, but the application was rejected. More than three years later, Nnamdi Emeh remains in detention,” the statement said.
The CSOs called on the Nigerian authorities to ensure Emeh’s immediate release in compliance with the court order, protect his right to a fair trial and adequate legal defence, and guarantee his safety.
They also demanded a prompt, independent and impartial investigation into allegations of attacks, threats and assassination attempts against the whistleblower, urging that anyone found responsible be brought to justice.
“The Nigerian authorities should comply with international standards on whistleblower protection and adopt comprehensive whistleblower protection legislation that provides effective safeguards against retaliation, secure reporting channels and appropriate remedies for individuals who disclose information in the public interest.
“The decision of the Inspector-General of Police to establish an official investigative panel following these disclosures demonstrates that the allegations raised concerned matters of significant public interest. Individuals who disclose information revealing alleged corruption, serious human rights violations or criminal conduct should be protected from retaliation rather than subjected to prosecution or prolonged detention,” the coalition added.
