By Newspot Nigeria News Desk
Ibadan, Nigeria — The legal team of detained activist and labour rights advocate, Comrade Andrew Emelieze, has described the four-count charge levelled against him by the Department of State Services (DSS) as a direct attack on Nigeria’s democratic freedoms. In a strongly worded press statement issued Tuesday, Femi Aborisade, Esq., Managing Partner of ABOPE Chambers, condemned the charges as “tyrannical” and demanded the immediate release of Emelieze.
According to the statement, Comrade Emelieze was served Charge No. FHC/IB/47C/2025 on Tuesday, July 8, in the presence of his lawyer, Mr. Yusuff Akinola. The charges range from allegedly issuing seditious statements against President Bola Ahmed Tinubu to planning peaceful protests and declining an invitation from DSS operatives—accusations his legal counsel insists are baseless and unconstitutional.
The legal team argues that Count One, which accuses Emelieze of making statements “injurious to the President,” relies on obsolete sedition laws that have already been nullified by precedents such as Arthur Nwankwo v. The State (1985). In that case, the Court of Appeal affirmed that criticisms of public officials are protected under freedom of expression guaranteed by the Nigerian Constitution.
Count Two accuses Emelieze of threatening to “invade Aso Rock” through peaceful protest—a charge his lawyers argue misrepresents constitutionally guaranteed rights of assembly and free speech.
Counts Three and Four, citing the Cybercrime Act, are also disputed. Aborisade notes that Section 24 of the Act has been amended and no longer covers peaceful protests or lawful gatherings. Furthermore, the charge of refusing DSS invitations is contradicted by documented appearances made by Emelieze and his lawyer as recently as July 3, 2025.
In a further twist, the DSS is accused of violating a Magistrate Court’s remand order issued on July 4, 2025, which directed that Emelieze be held at the Agodi Correctional Centre for 14 days. Instead, he has remained in DSS custody, allegedly without proper access to legal counsel or family visits.
“This is a blatant disregard of a court order and a threat to the rule of law,” Aborisade said. “Comrade Andrew Emelieze is not a criminal. He is a peaceful advocate for the rights of workers and the poor.”
Newspot Nigeria has confirmed that the Charge Sheet served on Emelieze was accompanied by an Affidavit of Completion of Investigation, suggesting that the DSS has concluded its case and is legally bound to arraign the activist without delay.
The statement ends with a call to President Tinubu to uphold democratic principles he once fought for during Nigeria’s military era. “Release him now,” the statement reads.
📄 Full Press Statement Below:
8th July 2025
PRESS STATEMENT ON TYRANNICAL CHARGE AGAINST ANDREW EMELIZEToday, 8/7/2025, at about 11am, the State Security Services (SSS) popularly known as Department of State Security Services (DSS) served my client, Comrade Andrew Emelieze, Charge No. FHC/IB/47C/2025, in the presence of a lawyer from our law office, Mr. Yusuff Akinola. Comrade Andrew immediately handed over the Charge sheet to Mr. Akinola.
The 4-count Charge against Andrew is nothing but an attempt at criminalising democratic rights of peaceful protest and freedom of expression.
We call on President Bola Ahmed Tinubu who also contributed to resisting military dictatorship to direct the SSS to release Comrade Andrew Emelieze from detention without further delay.
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.
DETENTION CONTRARY TO COURT ORDER
The DSS obtained ex-parte order of the Chief Magistrate’s Court on 4/7/2025. The court granted the prayer of the DSS and ordered Comrade Andrew Emelieze to be remanded “in custody of the Nigerian Correctional Services (NCoS), Agodi, Oyo State for fourteen (14) days pending the conclusion of investigation and eventual arraignment at the appropriate Court for cyber crime related offence”.It is unfortunate that instead of being remanded in Agodi Correctional Centre, as ordered by the Court, Comrade Andrew s still being detained in the custody of the DSS.
We call on the DSS to obey the order of the Court and take Comrade Andrew to Agodi Correctional Services so he may enjoy visitation rights by family, friends and comrades.
The Charge sheet served on my client is accompanied with the “Affidavit of Completion of Investigation”. That being the case, in accordance with the order of the Court, we call on the DSS to speedily arraign Comrade Andrew Emelieze so we can apply for his release on bail.
Comrade Andrew Emelieze fights for the welfare of workers and the poor. He is not a terrorist. He is not a bandit. He is a peaceful man concerned with the plight of the poor. He is a man driven by transformative ideas, not weapons. Release him now!
Femi Aborisade, Esq.
Managing Partner, ABOPE Chambers
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