The Open Society on Justice Reform Project (OSJRP) has condemned the arrest of an anti-corruption advocate, Martins Vincent Otse, popularly known as VeryDarkMan (VDM), by operatives of the Economic and Financial Crimes Commission (EFCC) on allegations reported to be related to cyberstalking, describing it as “reckless breach of constitutional safeguards and a threat to civic voices.”
The Executive Director, Open Society on Justice Reform Project (OSJRP), Barrister Sam Akpologun, said that the opaque manner of VDM’s arrest—without a known charge, proper notice, or adherence to established judicial protocols—raises serious concerns about the misuse of state power to silence dissent.
He added: “The actions of the EFCC in this case are not only procedurally flawed but potentially unlawful and unconstitutional. VDM has consistently used his platform to expose alleged corruption and misconduct, including within the EFCC itself.
“His boldness, while controversial, is protected under Section 39(1) of the 1999 Constitution (as amended), which guarantees the right to freedom of expression, and Section 35(1), which secures the right to personal liberty. Any derogation from these rights must strictly comply with due process, a standard that appears glaringly absent in this case.”
The human rights lawyer said that the reported collaboration or complicity of Guaranty Trust Bank (GTBank)—in a matter relating to private grievances on unauthorised deductions—being used as a basis for criminal charges involving a federal law enforcement agency is troubling and may point to an alarming convergence of corporate and state power to suppress a whistle-blower.
He said: “If proven, this constitutes an abuse of banking-client confidentiality and may breach provisions under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, which mandates lawful investigation protocols in digital and financial disputes.”
Akpologun maintained that while no one is above the law, law enforcement must operate within the bounds of law.
He stressed that if cyberbullying or cyberstalking is alleged, there are clear procedures under the Cybercrimes Act and the Administration of Criminal Justice Act (ACJA) 2015. These include; Proper complaint and evidence submission, Investigation transparency, Right to legal representation and bail and Timely arraignment before a competent court.
He opined that the EFCC’s current action violates these standards, reflecting a pattern of intimidation reminiscent of what courts have decried in cases such as Agbakoba v. Director, SSS (1994) and Ojukwu v. Military Governor of Lagos State (1986), where the Supreme Court condemned executive lawlessness and emphasized the supremacy of the rule of law.
He therefore demands that in line with our mission to uphold justice and protect civic space, OSJRP demands the following, immediate and unconditional release of VDM, or a formal charge within the constitutional timeframe of 48 hours as per Section 35(4) of the 1999 Constitution.
He further demanded: “An impartial and independent investigation into the involvement of GTBank, including a review by the Central Bank of Nigeria and the Nigerian Data Protection Commission on possible breaches.
“A House of Representatives Committee on Human Rights hearing to investigate EFCC’s consistent abuse of power and the trend of targeting anti-corruption voices. Urgent judicial oversight is needed to ensure that this and similar arrests do not go unchecked.
“VDM’s arrest may appear to some as a routine matter, but it is emblematic of a deeper threat to freedom of speech, whistleblower protection, and the sanctity of due process in Nigeria.
“Silencing critics through opaque arrests undermines democracy and the fight against corruption. Nigeria must not become a state where law enforcement turns against those who challenge the status quo.”
