Category: Mubarak Bala

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Mubarak Bala: Two Years in Prison Today

Arrest

Two years ago today, Mubarak Bala was at home in Kaduna finishing breakfast with his housemate when he heard loud and persistent banging on his front door. Fearing an emergency, he rushed to open it. Standing in his doorway were two burly plainclothes police officers. They grabbed his arms and told him he was under arrest. He asked repeatedly why he was being arrested but the officers would not say.

He asked to call his wife but the officers refused. He asked if he would need to pack an overnight bag. He was told it would not be necessary.

One officer picked up Mubarak’s mobile ‘phone and his laptop computer. Then they bundled him into their car and drove off at speed. The arrest took less than five minutes.

Mubarak has not seen his house since.

Mubarak is the President of the Humanist Association of Nigeria (HAN) so his friend alerted the association that Mubarak had been arrested. Mubarak was held at a police station in Kaduna and taken to Kano overnight.

What Mubarak Expected

Mubarak is a calm character. He was not especially surprised he had been arrested—he had been receiving threats on social media for years. But he knew he had broken no laws and he would have to be charged and brought to court within a few days. He knew the law and expected to be freed within days.

No Access to Lawyers

HAN engaged a lawyer on Mubarak’s behalf but when the lawyer approached police in Kano, they refused to acknowledge that they were detaining him. In July 2020, his lawyers obtained a court order to force the authorities to allow Mubarak access to his lawyers. The court order was ignored.

In contravention of his Constitutional rights, Mubarak was denied access to his lawyers until November that year—seven months after his arrest. Mubarak’s wife was forced to wait seven months to find out if her husband was alive or dead.

Delay Being Charged

Again, in gross contravention of his Constitutional rights, Mubarak had to wait 14 months, until June 2021 to be charged.

Fundamental Rights Petition Ignored

In May 2020, Mubarak’s lawyer filed a Fundamental Rights petition. This is an emergency process designed to remedy a breach of Constitutional rights. By law, such a petition should be heard within seven days but Mubarak’s petition was not heard by a court until October 2020, 164 days after it was filed.

In December 2020, the court found that Mubarak was being illegally detained and had been denied a string of fundamental rights. The court ordered Mubarak to be released and to be paid compensation. He was not released and he was not paid compensation.

The Charges

You may wonder what heinous crime Mubarak has been charged with? Mubarak was arrested following a complaint by Kano lawyer, SS Umar, that a post on Mubarak’s Facebook account was “annoying and provocative to Muslims”. Is that even an offense in Nigeria? No, it is not. Nigeria’s Constitution permits freedom of expression—saying what you like is a Constitutional right.

In an attempt to criminalize protected behavior, Kano state decided to prosecute Mubarak for making statements “in a manner likely to cause a breach of the peace”.

Finally, Mubarak in Court

On February 1, 2022, 21 months after his arrest, Mubarak finally appeared in court to face the charges. He pleaded “Not Guilty” but the case was adjourned until April 5.

On April 5, Mubarak was in court again, and, against the strong advice of his lawyers, he changed his plea to Guilty. It seems Mubarak, after almost two years in prison with Kano state denying his rights and continually manipulating the system, had lost hope of receiving a fair trial and decided to throw himself upon the mercy of the court.

The court had no mercy. Mubarak was sentenced to an outrageous 24 years in prison for an offense that carries a maximum penalty of three years.

This is Not Over

Mubarak’s conviction and sentence will be appealed and his friends, and those who respect the rule of law, will stand by him until he is released.

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Photo shows part of a demonstration outside the Nigerian High Commission in London today.

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Mubarak Was Not Charged with Blasphemy

Many people are under the misapprehension that Mubarak Bala was charged and convicted of blasphemy. We see some Muslims celebrating Mubarak’s sentence under the illusion that blasphemy laws have achieved their purpose and a blasphemer has been punished. That is not the case. Mubarak was not charged with blasphemy and has not been found guilty of blasphemy. Read on to learn what really happened and why Mubarak pleaded guilty to all counts.

Nigeria’s legal codes

Several legal codes are used in Nigeria. All states are subject to the 1999 Constitution. It is the supreme law everywhere in Nigeria and takes precedence whenever there is a conflict between it and any other law. For most states, criminal law is based upon the Criminal Code Act 1916 with local amendments.

Twelve Northern states, which are predominantly Muslim in character, do not use the Criminal Code, they have adopted the Penal Code 1960 or amendments thereof. In addition, these 12 states have a version of Shariah law.

The status of the Shariah law is interesting. The Constitution permits Shariah law for family and related matters but does not permit Shariah law for criminal matters. Despite this, all 12 “Shariah” states use it for criminal matters.

Shariah law is not universally applicable—these laws can be applied only to Muslims and then only if they opt for their case to be heard in a Shariah court.

Blasphemy laws

Blasphemy is a crime under Shariah and it carries the death penalty. There is no crime of blasphemy in the Penal Code. Under the Penal Code, you can publicly insult any religion or incite contempt for any religion. Such behavior only breaks the law if it is done in a manner “as to be likely to lead to a breach of the peace” (see Penal Code S210). The Maximum penalty provided under S210 is two years imprisonment or an unspecified fine.

Section 114 of the Penal Code has a similar effect except that is not concerned with insulting religion. It deals with any act “with intent to cause or which is likely to cause a breach of the peace”. The penalties permitted under S114 are a maximum of three years imprisonment or a fine of up to three hundred pounds or both.

The actual charges

Mubarak was born into a Muslim family in Kano state. He publicly renounced Islam in 2013. So, when a complaint was made about one of his Facebook posts in April 2020, he was not a Muslim and, therefore, could not be charged under the Shariah law.

Mubarak was arrested on April 28, 2020, but, in violation of his fundamental rights, Kano state delayed charging him until June 2021.

The charges were four counts of publishing Facebook posts contrary to Section 114 of the Penal Code and four counts of publishing Facebooks posts (the same four Facebook posts) contrary to Section 210 of the Penal Code.

By the time of the court case on April 4, the prosecution had trawled Mubarak’s Facebook account and eventually found another five posts which they thought might cause a breach of the peace. So the final tally of charges amounted to 18. That is 9 posts, each of which was charged under Sections 114 and 210.

As I have discussed, none of these charges relate to blasphemy. All charges relate only to acts that are likely to cause a breach of the peace.

Proving the charges

Of course, it is for the prosecution to prove beyond reasonable doubt that Mubarak is guilty as charged. So, let’s look at how they could do that.

They have to prove that at least one of Mubarak’s posts would be likely to cause a breach of the peace. It is not good enough to show that they might. At the very least, to be ‘likely’ means there is a higher chance of causing a breach of the peace than of not causing such a breach. How could they do that?

Perhaps they could find a sample of 100 similar posts and show that more than 50 of them caused a breach of the peace. Except, they could not do that. There are literally hundreds of such posts every month and almost none of them causes a breach of the peace. If the prosecution fails to bring this evidence, I’m sure the defense would be delighted to offer it!

What else could they do? Perhaps they could bring 100 randomly selected Muslims who would be prepared to swear in court that the posts would compel them to break the law and breach the peace. I’m sure the defense would have a grand time cross-examining such witnesses!

I challenge anyone to find evidence to prove that Mubarak is guilty as charged. It is a useless law and it is unprovable. Mubarak could not be proven guilty of these offenses.

But there is some evidence that the defense could offer. They could offer Mubarak’s 9 Facebook posts over a period of a month cited on the charge sheet. These were the posts the prosecution thought were most likely to cause a breach of the peace but not one of them did. So how likely was any one of them to cause a breach of the peace. Not at all likely!

Why did he plead guilty?

I have not been able to speak to Mubarak but I believe I have a good idea why he chose, against the advice of his lawyer, to plead guilty to all charges. Mubarak has been incarcerated and isolated from his family and friends for two years. He has been unwell and, at least until recently, he was denied medication that he previously took daily. A court ordered his release in December 2020 but he was not released.

Governments across the world, the United Nations, the European Union, Amnesty International, and many others have appealed to the Kano government to release him and restore his fundamental rights. All appeals have been denied.

Mubarak has seen the cynical manipulation of the judicial system in Kano in which prosecutors, officials, and judges have conspired to delay and avoid justice. I believe Mubarak saw no hope of a fair trial and was in despair. So he tried another tack.

Mubarak knew the maximum prison sentences for the crimes he was charged with and thought he must, by now, have served close to the maximum term. He knew it was his first offense which means he should not be given the maximum term and he should be given credit for pleading guilty, cooperating, showing remorse, and promising not to repeat the offense.

Mubarak decided to take a chance, admit everything (despite not being guilty) and appeal for leniency. The judge threw the book at him. Not only did the judge ignore the sentencing guidelines he is mandated to follow but he, for no good reason and against normal practice, decided to run the sentences consecutively instead of concurrently.

That is how we ended up with a massive and draconian sentence for charges that are both unprovable and that contradict the right to freedom of expression guaranteed by the Federal Constitution.

What next?

There will be an appeal to the Federal Appellate court where we can hope to see diligent and fair legal processes supplant the religiously pressured processes we have seen in Kano.

Both Mubarak’s conviction and sentence will be appealed. I won’t go into details now but there are so many grounds for appeal that I am now, finally, optimistic for a fair outcome and freedom for my friend Mubarak.

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Mubarak Bala Sentenced to 24 Years

Some days come and go leaving a fading shadow in our minds. Other days, hit us like a jackhammer and leave a deep impression that never fades. April 5, 2022, was one such day.

After just shy of two years in prison, after waiting 14 months to be charged and 23 months for his case to come to a court of law, and 15 months after a court found Mubarak Bala was illegally detained and ordered his immediate release, a court today passed sentence upon this man.

In April 2020, Mubarak was arrested following a complaint by Kano lawyer, SS Umar, that a Facebook post by Mubarak was annoying and provocative to Muslims. You might be forgiven for thinking that, in a modern secular state like Nigeria, in which freedom of expression is explicitly protected by the Federal Constitution, nothing could come of such a fickle complaint. But you would be wrong.

Today, a court in Kano sentenced Mubarak Bala to a term of 24 years imprisonment. Yes, twenty-four years.

That a person should suffer ANY penalty for exercising their guaranteed rights is perverse. But 24 years in a country in which a life sentence is generally reckoned to be 20 years is utterly, shockingly unconscionable. In Kano State, the rule of law has been strangled by those who put their religion above the law.

FRF condemns this sentence in the strongest terms. And we condemn the protracted violations of Mubarak’s fundamental rights and the egregious abuses of due process that have facilitated this horror show.

This injustice will be appealed.

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Mubarak Bala: Direct appeal to President Buhari

At the end of April 2021, we reported that Mubarak Bala had been detained in Kano, Nigeria for a full year without being charged and without being brought to court. For most of that time, he was denied access to his lawyers.

His lawyers filed a Fundamental Rights Enforcement petition on May 8, 2020 and a court ordered Mubarak’s release on December 21, 2020. Kano State did not comply with the Court Order.

Getting up-to-date

On January 28, 2021, Mubarak’s lawyers filed a second Fundamental Rights Enforcement petition. According to the law, such an application must be treated as an emergency but, following delays and prevarication, this case has still not been heard in court, 243 days later. Mubarak has now been held for 517 days without a court appearance.

It has also emerged that Mubarak has an ongoing medical condition that requires regular medication. Despite requests, he has been denied access to a doctor and denied medication. His condition has worsened in recent months and he has been feeling very unwell.

Our next move

Whilst Mubarak’s legal team battle to have his fundamental rights case heard, FRF decided to launch a campaign to put pressure on President  Buhari directly. After all, this case is a clear and egregious breach of human rights that is occurring on his watch. And the case is playing out on the international stage and bringing Nigeria into disrepute.

We drafted an open letter to Buhari and today we placed a full-page ad in the Punch newspaper to give the letter a wide distribution. The open letter was sent to the President, to Senators, and to leading news outlets.

The letter listed the failures of Kano State to respect Mubarak’s constitutionally guaranteed rights and asked Buhari to intervene:

    1. To instruct the Federal Attorney-General to deal with the case as an emergency it is.
    2. To transfer Mubarak to a correctional facility in Abuja where he can be close to his wife, child, and lawyers and to ensure his lawyers have adequate access to him.
    3. To ensure Mubarak gets access to a doctor and to the medication he needs.

Now the President cannot deny knowledge of Kano State’s mistreatment of Mubarak Bala. A copy of the advertisement is attached.

If you can help with Mubarak’s case, please get in touch: contacts@frf-nigeria.org.

Open letter to President Buhari
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Mubarak Bala illegally imprisoned

Background

Mubarak Bala, President of the Humanist Association of Nigeria, was arrested in Kaduna, Nigeria on Tuesday, April 28, 2020. He was held overnight and taken to Kano State the following day. At the time of writing, he is still incarcerated and he has not appeared in front of a court. Today, Mubarak has been illegally detained for one year.

The Nigerian Constitution is clear, a detained person must be charged and brought before a court within 7 days. Mubarak has not been charged and he has not been brought before a court.

Mubarak’s lawyers have been denied access to him, contrary to the requirements of the Constitution. In July 2020, a court ordered Kano authorities to grant his lawyers access. The Court Order was disregarded. It was not until November, seven months after his arrest, that his lawyers were able to speak to him and confirm he was still alive.

Kano authorities denied Mubarak a list of fundamental rights guaranteed by the Constitution, so his lawyers went to court to restore his rights. The petition was filed on May 8, 2020. According to the law, such a case must be treated as an emergency and must be heard within seven days. To its shame, the Nigerian court system in collaboration with Kano State lawyers repeatedly delayed the hearing for 164 days. The case was heard on October 19, 2020. The decision, delivered on December 21, 2020, was that Mubarak must be released immediately and paid compensation for the infringement of his fundamental rights.

Mubarak was not released.

Why was Mubarak arrested?

A complaint against Mubarak was raised on Monday, April 27 by S. S. Umar & Co, a law firm from Kano. It alleged Bala’s Facebook posts were “provocative and annoying to the Muslims”. The complaint, sent to the Kano Commission of Police, highlights a post made on April 25, which rendered in English, reads,

“There is no difference between the prophet TB Joshua of Lagos and Prophet Mohammad of Saudi Arabia, our own from Nigeria is even better in that he was not a terrorist.”

The complaint says Mubarak’s remarks “will definitely incite Muslims and provoke them to take the law into their own hands, which may ultimately result into public disturbance and breach of the peace.”

As the complainants admit, the Constitution of the Federal Republic of Nigeria guarantees citizens the right to freedom of expression. But their concern was not to protect Mubarak’s guaranteed constitutional rights, it was to deny him those rights in order to defend those Muslims who might create public disturbances and breaches of the peace which are ILLEGAL actions. In other words, they sought to defend potential criminals by denying a law-abiding citizen his guaranteed rights!

FRF support

For the avoidance of doubt, FRF does not represent Mubarak. He has his own legal team. Whilst we keep in touch with his lawyers, they pursue their own legal processes entirely independently. Our role has been to publicise the case and support Mubarak’s wife.

We have been working with Nigerian civil society groups, making contact with governments and human rights organisations such as Amnesty International, The United Nations, the European Office of the High Commissioner for Human Rights, USCIRF, the Nigerian Human Rights Commission, and others.

Our officers have written letters and articles, and attended meetings to publicise this case.

Members of our team speak with Mubarak’s wife several times each week to help her cope with the situation she finds herself in. Her son was six weeks old when his father was arrested and this has been an extremely difficult time for her.

In early August 2020, when we did not know if Mubarak was alive or dead, we drafted a letter on her behalf demanding proof of life. This was sent to international media and to President Buhari, the Nigerian Senate President and the Speaker of the House of Representatives. We also sent the letter to every Senator.

Our work continues. If you can help with Mubarak’s case, please get in touch: contacts@frf-nigeria.org.