The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has called on the Rivers State Command of the Nigeria Police Force to either charge Pastor Tombari Joseph Gbeneol to court or release him immediately following his detention over an alleged plot to assassinate the Minister of the Federal Capital Territory, Nyesom Wike.
Naijaonpoint reports that Pastor Gbeneol, who is based in Port Harcourt, was reportedly arrested after a leaked phone conversation surfaced, implicating him and a former Secretary to the Rivers State Government, Tammy Danagogo, in an alleged plan to bring in foreign nationals, including Israelis, to eliminate the former Rivers governor.
The content of the purported call has since gone viral, prompting police action and the subsequent detention of the cleric.
Speaking on the development, Osigwe stated that the continued detention of Pastor Gbeneol without formal charges was a breach of constitutional provisions.
In a statement he signed, Osigwe said, “Reports emerging from Rivers State concerning the continued detention of a Port Harcourt-based pastor, Mr. Tombari Joseph Gbeneol, have raised serious constitutional and rule of law concerns that demand immediate attention.
“The circumstances surrounding his arrest, which are said to be linked to an alleged assassination plot of a public official and his reported detention for nearly two weeks without formal charge, strike at the core of fundamental liberties guaranteed under Nigeria’s constitutional democracy.
“While the Nigerian Bar Association recognises the grave responsibility of law enforcement agencies to prevent threats to national security and to protect public officials and citizens alike, we must emphasise that the pursuit of security objectives must at all times be conducted strictly within the bounds of the Constitution and the rule of law.
“National security considerations do not suspend constitutional guarantees, nor do they justify prolonged or indefinite detention without due process.
“The Constitution of the Federal Republic of Nigeria guarantees the right to personal liberty and provides clear safeguards against arbitrary arrest and detention. Any person arrested on suspicion of having committed a criminal offence must be informed promptly of the allegation against him and brought before a court of competent jurisdiction within the time prescribed by law.
“Detention beyond constitutionally permitted limits, without charge or a valid remand order, is unlawful, regardless of the seriousness of the allegation.”
Osigwe said the NBA is particularly concerned by reports that Gbeneol has remained in custody for an extended period without being formally charged before a court, stressing that “Allegations, however grave, remain allegations until tested in open court.”
He added, “The presumption of innocence is a cornerstone of criminal justice and must not be eroded by investigative delay, media speculation, or executive discretion.
“We therefore call on the Nigeria Police Force to act strictly in accordance with the law by either charging Mr. Tombari Joseph Gbeneol before a competent court without further delay or releasing him immediately if investigations have not yielded sufficient basis for prosecution.
“Continued detention without judicial oversight is unacceptable and undermines public confidence in law enforcement institutions.
“The NBA further urges that any investigation into the alleged matter be conducted professionally and transparently, without resorting to unlawful detention or coercion. Where other persons are implicated, the same constitutional standards must apply.
“The criminal justice system must not be weaponised, nor should allegations of a political or security nature be used to justify shortcuts that erode fundamental rights.”