Tag: Activists

  • Lawyers, activists fault Buhari on rule of law comment

    More reactions have trailed President Muhammadu Buhari’s comments at the opening of the Nigerian Bar Association (NBA) Annual General Conference that “the rule of law must be subject to the supremacy of the nation’s security and national interest”.

    A human rights group, the Access to Justice (A2J), said national security is consistent with, and not exclusive of, the rule of law.

    In a statement by its Director Joseph Otteh and Programme Officer Daniel Aloaye, the group said the President misses the mark when he gives the impression that national security and rule of law are competing or exclusive notions or that a state must prioritise one over the other.

    “This is a mis-representation of the relationship between the rule of law and national security. National security and the rule of law do not contradict one another; neither are they mutually exclusive concepts.

    “The rule of law embodies the principle of governance that all persons, institutions and entities, including the state itself, are bound by duly made laws, including laws on national security,” A2Justice said.

    The group noted that a state of war or emergency may be legitimate grounds for limiting the exercise of some human rights. It, however, said even then, the limitations have to be imposed in accordance with law.

    A2Justice said: “There is, therefore, no conflict between the two notions. In any event, no state of emergency has been declared in Nigeria, neither is the country in a state of war with another country.

    “The President’s remarks come against the background of his government’s persistent disregard of court orders and judgments, repression of media freedom, gross human rights abuses by security and law enforcement agencies, intimidation of, and interference with the functions of other branches of government.

    “National security did not require the government to behave the way it has done in all of these cases, and clearly did not require security forces to commit large scale extrajudicial killings, or for the police to arrest and imprison female protesters for protesting!”

    The group urged President Buhari to correct the impression that he has disregard for rule of law.

    “The President must also resist the temptation to use rhetoric and euphemisms associated with brutal, despotic, non-democratic governments in eras quite different from now to define what national or state security is.

    “State or national security ought not to be the parochial interest of any government, or the security, for that matter, of that government; it is not the peculiar interest a government has with respect to specific people or their causes, or its interest of stifling political opposition.

    “Access to Justice urges President Buhari to respect the limits of executive powers and not misuse those powers on the grounds of ‘national security’; indeed to recognise that national security is compatible with, and could be better realised by adherence to the rule of law!” the A2Justice said.

    Constitutional lawyer and rights activist Chief Mike Ozekhome (SAN) also disagreed with the President.

    He said: “The rule of law presupposes that once a court of law has made an order for the release of a citizen on bail, for example, the president, government and all authorities must obey the order of court.

    “It is not for the government to pick and choose which order to obey and which not to obey, in the name of so called ‘national interest’ or ‘national security’.

    “This is because in arriving at a decision to release an individual on bail, the court must have first heard the facts and argument of the case of both the government and the citizen.

    “It is tantamount to executive lawlessness and governmental capriciousness and whimsicality to sit on appeal over a court decision to determine what amounts to national interest. Such a stance is a clear descent into anarchy and chaos.

    “The apex court in the case referred to by Mr. President made its pronouncement based on the peculiar facts of the case before it, the case of Dokubo Asari vs FRN (2007) 12 NWLR (Pt. 1048) 331.

    “It was not a blanket statement authorising governments to disobey clear court orders. The case did not state that rule of law should be subordinated to national interest or security.”

    Ozekhome said nations are built on precepts, which clearly limit the scope of governmental involvement in human existence.

    “Any violation of an individual’s rights and civil liberties is tantamount to a clear subversion of the nation itself. This is because without liberty and fundamental rights, the nation ceases to exist as a coherent entity.

    “National security or ‘national interest’ is a veritable smokescreen under which a tyrannical and lawless government hides to promote its own dubious agenda against the hapless masses, thus jettisoning all known provisions of the Constitution and the Bill of Rights. I hereby reject such illegal and unconstitutional theory,” Ozekhome said.

    Immediate past NBA First Vice President Mr Monday Ubani said national interest/security should be as defined by the court after examining all the evidence and factors and not as defined by the executive.

    But, a Senior Advocate of Nigeria (SAN) Mr Jibrin Okutepa, holds a slightly contrary view.

    “Lawyers and politicians have taken the president to the cleaner for this statement. But in Nigeria we are always quick to condemn without first appreciating the truth.

    “While I do not agree with the theory of law propounded by the president that national interest overrides the rule of law, the man simply told us the bitter truth of the understanding of those in power in Nigeria. And when I said those in power I mean those in power in all strata, including those in charge of NBA.

    “The President chose the best occasion to taunt the legal profession and in particular the NBA who has been breaching the rule of law the principle it claims it is promoting. The way people in power behave will show you that they have no respect for the rule of law when their selfish agenda and primordial interest is involved.

    “When we speak of the true meaning of the rule of law and correct application of it, how many people can pass the test in Nigeria, including those of us making noise about what the president said?

    “Did we as an association of lawyers observe and apply the rule of law and stick to its tenets in the just concluded charade called NBA election? Please don’t get me wrong. President Buhari is wrong, but I believe he was right in telling us the truth of what actually goes on in Nigeria.

    “When you see the way things are done in Nigeria outside the rule of law and people applaud it, you will understand my point. It is only in Nigeria that those in power violate the law and they are not visited with the appropriate sanctions.

    “Indeed, in Nigeria we apply the law against those we hate and interpret the law in favour of those we love. That is why what was condemned in 2015 is being hailed in 2018,” Okutepa said.

  • Activists secure freedom for indigent detainees

    An Abuja-based rights advocacy group, Stand for Rights Initiative (SRI), has, within the last five months, secured the release of about six indigent detainees held in various prisons, on criminal charges, on free legal services basis (pro bono).

    The latest of such detainees is 25-year-old Babangida Usman, who was arrested in April by policemen where he was hawking sachet water around Nyanya, Abuja.

    He was initially detained at the Nyanya police station and was later transferred to Keffi prison in Nasarawa State after he was taken before the Chief Magistrate Court, Karu, Federal Capital Territory (FCT), accused of “indecent exposure,” in a charge marked; CR/02/2018.

    Executive Director and head of SRi, Sunday Essienekak said when the Usman’s case was brought to his group’s notice, it found that “Babangida was brought to the court by the state and abandoned him’’.

    “He was remanded in custody, and for several times, the prosecution did not show up in court. So we applied for his case to be struck out and Chief Magistrate O. Oyeyipo agreed with us and struck out the case and order his release on June 13 this year for want of prosecution.”

    Essienekak also cited the case of Bello Waziri, who was arrested on November 20, 2015, for armed robbery and caused harm. Waziri was detained by the police until he was taken before Justice R. G. Soji of the High Court of Nasarawa State on December 12, 2016.

    “We found that since his arrest, detention and arraignment, the state did not call any witness. The prosecution said the police failed to release the case file. Justice Soji was later transferred and when a new judge was brought, the prosecution still failed to call its witnesses.

    “After spending three years in prison without trial, Justice H. M. Kabir, upon our application, discharged him on May 16, 2018 for want of diligent prosecution.

    Another lucky beneficiary of the pro bono legal services of SRi is 25-year old Joseph Daniel, who was arrested by the police in 2017 in Karu where he worked as a night guard in a bar. His female employer had complained to the police that he stole her gas cylinder.

    He was later remanded in  Keffi prison after his arraignment because no one came forward to take him on bail.

    Essienekak said: “When we came into the case, we made a no-case submission after the prosecution closed its case. The trial Magistrate at the Karu Magistrate Court agreed with us and held that the prosecution failed to make out a prima facie case against Daniel to warrant him being called to enter defence.   The magistrate discharged and acquitted him on February 2, 2018.”

    Other cases are those of EffiongArchibong, Edwin Atsu and Julius Magaji. Magaji was kept in Keffi prison from 2015 on charges of armed robbery in a charge marked; NSD/LF/10c/2016. Upon the involvement of SRi,Magaji was discharged and acquittedon May 28, 2018 by Justice H. M. Kabir of the High Court on Nasarawa State for lack of diligent prosecution.

    Essienekak, who said he is motivated by the zeal to ensure access to justice and protection of human rights for all, particularly the poor, explained that his group has, since its incorporation in 2011 provided a wide range of pro bono legal services to over 300 indigent citizens.

     

  • Activists secure freedom for indigent detainees

    An Abuja-based rights advocacy group, Stand for Rights Initiative (SRI), has, within the last five months, secured the release of about six indigent detainees held in various prisons, on criminal charges, on free legal services basis (pro bono).

    The latest of such detainees is 25-year-old Babangida Usman, who was arrested in April by policemen where he was hawking sachet water around Nyanya, Abuja.

    He was initially detained at the Nyanya police station and was later transferred to Keffi prison in Nasarawa State after he was taken before the Chief Magistrate Court, Karu, Federal Capital Territory (FCT), accused of “indecent exposure,” in a charge marked; CR/02/2018.

    Executive Director and head of SRi, Sunday Essienekak said when the Usman’s case was brought to his group’s notice, it found that “Babangida was brought to the court by the state and abandoned him’’.

    “He was remanded in custody, and for several times, the prosecution did not show up in court. So we applied for his case to be struck out and Chief Magistrate O. Oyeyipo agreed with us and struck out the case and order his release on June 13 this year for want of prosecution.”

    Essienekak also cited the case of Bello Waziri, who was arrested on November 20, 2015, for armed robbery and caused harm. Waziri was detained by the police until he was taken before Justice R. G. Soji of the High Court of Nasarawa State on December 12, 2016.

    “We found that since his arrest, detention and arraignment, the state did not call any witness. The prosecution said the police failed to release the case file. Justice Soji was later transferred and when a new judge was brought, the prosecution still failed to call its witnesses.

    “After spending three years in prison without trial, Justice H. M. Kabir, upon our application, discharged him on May 16, 2018 for want of diligent prosecution.

    Another lucky beneficiary of the pro bono legal services of SRi is 25-year old Joseph Daniel, who was arrested by the police in 2017 in Karu where he worked as a night guard in a bar. His female employer had complained to the police that he stole her gas cylinder.

    He was later remanded in  Keffi prison after his arraignment because no one came forward to take him on bail.

    Essienekak said: “When we came into the case, we made a no-case submission after the prosecution closed its case. The trial Magistrate at the Karu Magistrate Court agreed with us and held that the prosecution failed to make out a prima facie case against Daniel to warrant him being called to enter defence.   The magistrate discharged and acquitted him on February 2, 2018.”

    Other cases are those of EffiongArchibong, Edwin Atsu and Julius Magaji. Magaji was kept in Keffi prison from 2015 on charges of armed robbery in a charge marked; NSD/LF/10c/2016. Upon the involvement of SRi,Magaji was discharged and acquittedon May 28, 2018 by Justice H. M. Kabir of the High Court on Nasarawa State for lack of diligent prosecution.

    Essienekak, who said he is motivated by the zeal to ensure access to justice and protection of human rights for all, particularly the poor, explained that his group has, since its incorporation in 2011 provided a wide range of pro bono legal services to over 300 indigent citizens.

  • Agbakoba, activists seek ‘people’s constitution’

    THE agitators for the restructuring of the nation’s political and economic structures converged again yesterday in Lagos and demanded for a “people’s constitution”.

    Speakers such as former Nigeria Bar Association (NBA) President  Mr. Olisa Agbakoba; Niger/Delta activist Ankio Briggs; women advocate and social entrepreneur  Toyosi Akerele-Ogunsiji, among others, made the call at a colloquium and leadership series organised by a Think-Tank Group, Voice of Reason (VOR).

    The event was chaired by a renowned Consultant Physician and Endocrinologist and co-founder, Eko Hospitals, Olorogun (Dr.) Sonny Folorunso Kuku.

    Agbakoba, in his contribution at the event, said: “The current federal arrangement is faulty. There is no lie about that, but the problem is not the concept of restructuring but how do we ensure that all ethnic groups, especially the sub-ethnic groups, involved in this process so that there will be justice and fairness for all.

    “There is too much concentration at the centre. Abuja is over-concentrated to the detriments of the sub-national ethnic entities. If we want to restructure, our differences in languages and cultures must be accommodated. We need to be cautious of our advocacy so that it will not be on a tripod while we neglect the cries of other sub-national entities.

    “Benue State was bombed by Fulani Herdsmen; the governor could not do anything. Over 900 killed within six months. Zamfara State governor is lamenting. Governor Abdul’aziz Abubakar Yari said his people should stop calling him chief security officer because he’s helpless.  He said he does not have any control over the security. He said the security people do not listen to him.

    “Earlier this week, the President visited Plateau State. I saw the governor, Simon Lalong, fidgeting; he was scared. He was behaving like a kindergarten pupil. Is this how we are going to continue? This must stop”

    “The present law, to the best of my knowledge, is anti-people and pro-oligarchy. I call on President Muhamadu Buhari to allow Nigerians to debate for the system they want. He campaigned with restructuring. He should tow the pact of honor.”

    Agbakoba said the real issue was not restructuring, but how to ensure that all the sub-nationals in Nigeria are involved in the restructuring process so that there would be a sense of belonging.

    To Akerele-Ogunsiji, “Nigeria cannot institutionalise peace when our leaders consistently reap and milk the majority of her citizens dry. Our government is too uncaring that they neglect the masses to suffer unnecessarily; we need to restructure to correct these maladies.

    “The youths must rise to the occasion and take their place and be strategically involved in governance. Restructuring has become imperative and it is now the trending conversation. Nigerian youths need to embrace it than ever before. It is our future; our political leaders need to feel the hit of our clarion call.”

    Balewa, in his contribution to the debate, said: “As a nation, we needed to have an understanding of the type of politics appropriate for us.

    “Our constitution needs to address some fundamental errors that we need to expunge from the present constitution. Through restructuring, we can address these errors such as security of lives and properties, economy, education and even our social development as a nation.”

    Another speaker Tony Nnadi said the advocacy for a new constitution should not be seen as opposition to the ruling government, but a genuine and patriotic advocacy to move Nigeria forward.

    VOR Convener Prince Goke Omisore said his group was concerned about issues of public policy.

    The Ile-Ife prince said VOR’s objective is to enthrone a regime, promote culture of growth, oriented values in leadership, followership and governance of Nigeria within the framework of restructuring.

    Olor’ogun Sonny Kuku said until Nigeria restructures its political system, the country is doomed.

    Secretary of the group Dr. Wale Fapohunda, while unveiling a draft of a new constitution prepared by VOR to the gathering, noted that the civil societies across the country should join in the call for restructuring to keep the political class on their toes.

     

  • Lawyers, activists unite for Pa Gomez

    Lawyers and civil society activists gathered in Lagos to honour one of Nigeria’s oldest and most vibrant lawyers, Pa Olatunji Gomez, who marked his 90th birthday.

    It was an occasion for soul-searching and the need for lawyers to act as the society’s conscience dominated discussions.

    A lecture was organised by a group, the Legal Torchbearers, as part of events by the Lagos Branch of the Nigerian Bar Association (NBA) to celebrate Pa Gomez, popularly known as “It is a matter of conscience”.

    The theme was: ”Bar Activism in Nigeria: Past, Present and Future.” 

    Alhaji Olufemi Okunnu (SAN),  a longtime close associate of Pa Gomez,  lamented what he described  as the slow, but sure extinction of firebrand activism among current members of the Bar.

    He said things have changed from the fervour of the 1960s, 70s and 80s as witnessed  during the eventful tenure of Alao Aka-Bashorun as NBA President.

    Okunnu said the dampening of revolutionary fire and collusion with public office holders was  to the public’s detriment. “Are the days of legal activism behind us?” he asked.

    He urged lawyers to gird their loins and play the leading role in the fight for true federalism.

    He said: “The legislature now plays the role of the judiciary and executive arms of government and there is confusion in the land.

    “From this day forward, celebrating a rebel from his school days, all of us should wear the garb of activism.  Our federation died in 1978, we started a unitary type of government in 1979,” Okunnu said.

    NBA Criminal Justice Reform Committee Chairman, Chief Arthur-Obi Okafor (SAN), urged lawyers to always stand for the rule of law.

    According to him, it was the only  way to fight injustice and promote equity and fairness  in the society.

    He praised the Legal Torchbearers for their social contributions.

    Okafor urged lawyers to register for and attend the Administration of Criminal Justice Conference holding in Asaba.

    Former Civil Liberties Organisation (CLO) Chair, Ms. Ayo  Obe, urged the  Bar to  embrace activism to save Nigeria.

    “There are good lawyers and there are bad lawyers. The lawyers’  main tool is the law and there are more than one way to be an activist.

    “A lawyer must always be ready to test every bad action or policy in the court of law.  We cannot all be activists, but what we cannot do is to throw away activism,” Obe  said.

    Lagos lawyer Mr Ebun-Olu  Adegboruwa and the branch’s former chairman Mr. Alex Muoka said lawyers have critical roles to play in a society’s survival.

    The keynote speaker, Prof. Chidi Anselm Odinkalu, who is a Senior Visiting Fellow at the Centre for the Study of Human Rights at the London School of Economics (LSE), spoke on the evolution of legal activism.

    He laid emphasis on the ‘Dohertys’ and the ‘Gomezes’, who were  at the vanguard of Lagosians’ fight for property rights during colonial times.

    He connected the activism of the first indigenous Nigerian lawyer, Christopher Sapara Williams, to the present and ongoing clamour for the restructuring of the Nigerian polity.

    Odinkalu situated Pa Gomez’s central role as the living conscience of that activist heritage from his student days at King’s College.

    “It was a role,” Odinkalu said, “which came at a steep price  which Pa Gomez was nevertheless willing to pay, comforted as he was by the armour of his social conscience, in accordance with his personal credo: It’s a Matter of Conscience.”

    The man Gomez

    Born on March 15, 1928, the young Gomez enrolled at the King’s College in 1944, where he soon acquired a reputation for his independent-mindedness, fearlessness and leadership ability.

    He qualified as a lawyer in 1961, after training in England.

    In over half of a century of professional practice, Pa Gomez has come to symbolise the social conscience of the legal profession in Nigeria.

    Pa Gomez’s ideological consistency through the decades of transition from white colonialism to the rule by black politicians and soldiers was in line with his belief that a lawyer’s first duty was the wellbeing of his fellow citizens and the good ordering of society, whatever the clime or dispensation.

  • Abia CJ’s suspension illegal, say NBA chief, activists

    Abia CJ’s suspension illegal, say NBA chief, activists

    Nigerian Bar Association (NBA) Second Vice President Onyekachi Ubani and a human rights group, the Access to Justice (A2Justice), yesterday condemned the suspension of Chief Judge of Abia State by the House of Assembly, saying it was illegal.

    According to them, only the National Judicial Council (NJC) is constitutionally empowered to discipline or suspend a judge.

    A2Justice, in a statement by its Director Joseph Otteh, said the CJ’s suspension amounted to a grievous assault on the Judiciary’s independence.

    The Abia House of Assembly purportedly suspended Justice Uzokwe for alleged acts of tyranny and gross misconduct and, by a resolution, asked the Governor to appoint an acting Chief Judge.

    A2Justice said the suspension was “a brutal violation of the Constitution, and a deliberate affront to the independence of the Judiciary guaranteed by the Constitution.”

    It said the Abia State legislature has no powers to suspend the Chief Judge or any Judge, adding that the lawmakers overreached their powers.

    The group said neither the legislature nor the Governor can appoint an acting Chief Judge without NJC’s recommendation.

    The group urged the NJC demand the immediate restoration of Justice Uzokwe’s rights and duties as CJ.

    “Additionally, the NJC should investigate the state of affairs of the Judiciary in Abia State and clarify that the Chief Judge is providing the sort of leadership that is conducive to the proper administration of justice in the State and take any necessary actions from its findings.

    “We urge the NJC to set up a fact-finding Committee to investigate the state of affairs of the Judiciary in Abia State for this purpose,” A2Justice said.

    Ubani said the 1999 Constitution does not allow a state House of Assembly to suspend or discipline an erring judge.

    “Disciplinary measures against any judge resides with the NJC. It is after the disciplinary measures are taken by the NJC that the Executive and the Legislature can come in to complete the process,” he said.

    Ubani said he does not think the Abia House received quality legal advice before it took the decision.

    “We desire peace in  Abia State including the judiciary; we advice that due process must be employed,” he said.

  • Fireworks as activists, others remember Gani

    On January 15, the Nigerian Bar Association (NBA), Ikeja Branch held the 14th Chief Gani Fawehinmi Annual Lecture. The yearly event is held on the day the late Fawehinmi was called to bar, ADEBISI ONANUGA reports.

    Lawyers, activists and students from tertiary institutions around the country converged on Lagos last week for the 14th Chief Gani Fawehinmi Annual Lecture. The event held at the Lagos Airport Hotel, Ikeja with the theme, “Federalism, Restructuring and Good Governance: Striking A Balance”. In attendance was the the former General Secretary of the National Union of Petroleum and Natural Gas Workers (NUPENG), Chief Frank Ovie Kokori, who was chairman of the event, while the royal father of the day was the Adeboruwa of Igbogbo, Oba Semiu Orimadegun Kasali, Femi Falana (SAN) among others.

    In his opening remarks, Kokori recalled the events surrounding the June 12, 1993 elections won by the late Bashorun M.K.O. Abiola and the nationwide strike which he led his union to embark on and joined by Nigerians to get former General Ibrahim Babangida to revalidate the results of the election.

    According to him, the June 12 elections were “the freest and cleanest election” ever held in the country.

    “June 12 was when Nigerians stood up to liberate themselves and not October 1, 1960 (Independence Day)”, he said.

    Kokori lamented that the military annulled that election. According to him, Nigeria never had the experience of freedom fighters like many other African countries and as such cannot appreciate what June 12 meant.

    Kokori said he watched  Gani Fawehinmi, Beko Ransome Kuti, Femi Falana and others carry placards to protest the annulment of the election. He said if that had happened on Downing Street, London, those in authority would read their messages and listen to them.

    Kokori said rather than join the protesters on the street, he called his ‘kitchen cabinet’ and they did what needed to be done, which was to implement the strike that paralysed the country for several weeks.

    Veering from the strike, Kokori lamented that that he was being denied a federal appointment. “Me, symbol of freedom and democracy,” he said.

    The former NUPENG scribe explained that sometime in September last year, he got a call from the Minister of Labour and Employment, Dr Chris Ngige, informing him that President Muhammadu Buhari had  appointed him Chairman of the Nigerian Social Insurance Trust Fund (NSITF), an organisation set up to manage Nigerian workers’ pension funds.

    He said the minister congratulated him and invited him to Abuja for the inauguration of the NSITF board.

    Kokori said he arrived in Abuja with other members of the board, only for the minister to inform them that he was going for his mother’s burial and that the inauguration has been postponed.

    He said he had been to Abuja several times but the inauguration is yet to hold.

    “Up till today and four months after my appointment by the President, the board is yet to be inaugurated,”he said.

    According to another speaker at the event, Seun Kuti, son of the late Afro beat king, Fela Anikulapo Kuti, Nigeria is still under western imperialism, which he said has also taken over the courts. He claimed that a magistrate court in Lagos refused to allow him bail a friend who was “unjustly” accused. Seun said the complainant, after getting his friend locked up, never appeared in court. According to him, the justice system in Nigeria does not represent Nigerians but western imperialists.

    Seun Kuti, who was ‘yabbing  satirically’ like his late father, took a swipe at the government saying that  the constitution did not make room for restructuring and that the laws have no room for federalisim.

    “It is unfortunate that we motherland people just accept whatever name and appellation given to us by the western powers,” he said.

    To him, “there cannot be true federalism, restructuring and good governance until those of us at the bottom start resisting those perpetuating corruption at the top”.

    However, while the lecture lasted, there was nothing in the air to indicate that Chief Mike Ozekhome (SAN), one of the persons invited as a contributor to the main lecture delievered by a former Dean, Faculty of Law, Obafemi Awolowo University (OAU), Ile-Ife, Prof. Demola Popoola, was going to have an unholy welcome.

    Chief Ozekhome, who arrived at the venue at about 1:10pm, was stopped from entering the hall by protesters comprising  of some youth and students who accused him of defending corrupt politicians, calling him unprintable names. The incident interrupted the keynote lecture being delievered by Prof Popoola for more than 20 minutes.

    The protesters berated Chief Ozekhome for defending personalities including Ekiti State Governor Ayodele Fayose, former First Lady Dame Patience Jonathan, Senate President Bukola Saraki among others, who they labeled as corrupt, contrary to the ideals for which the late Chief Gani Fawehinmi stood for.

    To them, the presence of the learned Silk was derogatory to Fawehinmi’s memory.

    It took the intervention of Falana, Nigerian Bar Association (NBA) Ikeja Chairman Mr Adeshina Ogunlana and Mr Mohammed Fawehinmi to bring the situation under control.

    Mohammed calmed the protesting youths by recalling that his late father did not believe in violence.

    He said Fawehinmi would not have approved what they did because Ozekhome was at the event for a purpose.

    “This gathering is a democratic gathering and it is a gathering in which security should not  restrict anybody”, he said, adding that he was about nine years old when Ozekhome was working as a counsel in his late father’s chamber.

    Ozekhome, who later addressed the gathering, told them that he was very close to Fawehinmi and that together they formulated and started the publication, “Nigerian weekly Law Report”.

    He said Gani did not believe in oppression, repression and tyranny in whatever form, adding, :”Gani fought across the country handling many cases including controversial ones.”

    He recalled that when, in 1983, the NBA said lawyers should not defend alleged corrupt politicians under the administration of General Muhammadu Buhari and Tunde Idiagbon when they were fighting corruption, “Gani said No; these people are entitled to their rights.

    “By Section 36 of the Constitution, every person’s innocence is presumed; I was with Gani when we were defending the so-called corrupt politicians,” among who he said was Folorunsho Kila.

    His address was, however, punctured by the protesters who shouted  “lies, lies, lies’’ even as the senior advocate told the protesters that he cannot be intimidated and called them hired protersters.

    Afterwards, Falana clarified Ozekhome’s statement on Gani, which he said should not be misunderstood to mean that Gani was a defender of  corruption.

    Falana said Gani  took on some cases to expose corruption and corrupt politicians. “So that we don’t go away with the very misleading impression that Gani was a defender of corrupt people. No! And I am going to correct this. For those that Gani defended, Gani never went to any court; he never filed stay of proceedings to frustrate the system as it is the culture now.

    “Gani never defended anybody tried by the EFCC or the ICPC. He called a few of us and said, ‘If we cannot help to kill corruption in Nigeria, we must never frustrate the little attempt being made by Nuhu Ribadu and others fighting corruption in Nigeria’ and that was Gani for you”,  Falana said.

    According to the Silk, but for Gani, there would have been too much impunity in the country.

    He said: “The country operates a class law. If a poor man is killed, they call it murder but if a rich man is killed, they call it assassination”.

    “If we are celebrating Gani, we must be able to  stand for what he stood for, which is good governance. If we are talking about restructuring, we should not be recycling same people that brought us to the level we are today.”

    The erudite lawyer said political restructuring is not possible without first getting economic restructuring in order to liberate the people.

    Earlier,  Prof.  Popoola, in his paper  titled, “ Re-Inventing the Nigerian State: Imperatives, Prospects and Challenges of Federalism, Restructuring and Good Governance” agreed with Falana that  the country cannot have meaningful restructuring without first attaining economic restructuring.

    He observed that beyond the security question, the corporate existence of the Nigerian state,  is under threat from various sources.

    He noted that there “is no country in the world today, which is not torn by civil war, yet whose basis of corporate existence (has been) subjected to such vociferous and persistent attackss’ by various sections of its citizenry, as that of Nigeria.

    According to him, some of the issues that have been raised go to the historical basis of the nation’s existence as a country.

    “In addressing these issues, it is imperative that we come to terms with the substance of the historical processes which had produced our ethnic groups and the Nigerian polity as well as reflect on the mosaic nature of the ethnic and cultural geography of the county”, he advised.

    He remarked that  Nigeria and other African countries were programmed to fail by the colonial masters right from the beginning, with distorted and disarticulated structures and a marginal location and role in the global order.

    Pointing out that the political environment at independence was “a set up” , the learned professor of international law explained that this was why at independence, the state inherited was “non-hegemonic and lacked the capacity to create the sort of environment that would have allowed public policy to be rational, sustainable and effective.

    “Besides, Africa did not inherit an environment that was conductive to democracy growth, and development.

    “The custodian of state power seemed also set up to fail.  They lacked economic power, their political power was fragile, and they were opportunistic and incapable of competing with powerful and entrenched profit and hegemony seeking transactional corporations.

    “The few that opted for progressive policies were humiliated, frustrated or eliminated. The result was that African policy makers and leaders moved, as it were from one error to the other. As they were able to benefit from the existing dire conditions, they resisted all calls for change”, he stated.

    Nevertheles, he noted that Nigeria still has a brilliant destiny. “In the historical evolution of nations, there are always dark and frosty moments when it might be difficult to see beyond the present challenges Nigeria, for now, may be a country of contradictions, “embodying plenty of painful realities and beautiful dreams”.

    He added, “freedom for the people, that is what Gani stood for and pursued with dogged determination in his life time. The struggle must not be allowed to die even as we continue to celebrate this enigma of our time”, he emphasised.

  • Activists advocate stiffer penalties for sexual offenders

    Activists advocate stiffer penalties for sexual offenders

    Gender rights activists have called for more severe punishment for sexual offenders to serve as a deterrent to others.

    According to them, there was a high prevalence of domestic and sexual offences, many of which are not reported due to socio-cultural and religious reasons.

    Reducing the menace, they said, would require the collective effort of the government, healthcare providers, educational institutions, faith-based organisations, traditional authorities, the judiciary, civil society groups, the family, youth movements, mass media, and other stakeholders.

    They made the call in a communiqué issued at the end of a summit at the American Corner in Abuja to mark the International Day for the Elimination of Violence Against Women.

    The United Nations set aside every November 25 to raise awareness on the need to eliminate violence against women and to stimulate positive actions towards women emancipation.

    The Gender Advocacy for Justice Initiative (GAJI), Youth for Transparency international, Gyunka New Hope Foundation, Auxano Foundation for Empowerment and Development (AFED) and the Help Keep Clean Foundation were represented at the summit.

    The communique was signed on the groups’ behalf by GAJI’s representative, Miss Janet Gbam, who is the Principal Partner of Fortitude Attorneys.

    The groups said despite the existence of several domestic and international legislations against violence against women and girls, there were still high incidences of abuses.

    They identified a strong link between early/child marriage and domestic violence, as underage girls exposed to early marriage are prone to sexual, emotional and physical abuses.

    The groups expressed optimism that the law enforcement agencies and all relevant authorities/stakeholders would prioritise the elimination of violence against women.

    They urged the Federal and State Ministries of Education to initiate and implement policies to check teachers and lecturers who interact with students (especially females) and to strictly discourage “incongruous conducts”.

    They want schools to be better secured to reduce the exposure of girls to risks of abuse, for girls to be taught self-confidence to make them less vulnerable, and for background checks to be conducted on teachers before employing them, and while in service.

    The groups urged law enforcement agencies, such as the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and the Police, to step up the prosecution of perpetrators and in sensitising the public.

    “All states in Nigeria should speedily domesticate the Violence Against Persons (Prohibition) Act 2015 in their respective jurisdictions and/or make relevant legislations to that effect, just as Lagos State and some other states have done.

    “Judicial officers should award stiff sentences to offenders to act as a deterrent to others. The media should accord wide publicity to convicted violators of women’s rights and give adequate time to the reporting of such vices, to discourage the crime,” they said.

    The NGOs urged religious and traditional leaders to step up awareness on the consequences of early sexual exposure and to orientate men to take responsibility for protecting the females around them.

    They called for a review of cultures and traditions that discriminate against women, adding that underprivileged females should be financially empowered to make them less vulnerable.

    The National Orientation Agency (NOA), the National Youth Service Corps (NYSC), ministries of women affairs and relevant authorities were urged to create more awareness on existing laws and reporting procedures and to ensure that reported cases are not treated with levity.

  • Activists call for Bello’s resignation

    Activists call for Bello’s resignation

    •Seek compensation for family 

    A rights group, United Global Resolve for Peace (UGRP), has called for the resignation of Kogi State Governor Yahaya Bello.

    It accused the governor of alleged criminal misconduct, gross mismanagement and abuse of office, which led to the death of a former Director, Edward Soje.

    The group accused the governor and Head of Service Mrs. Deborah Ogunmola, of being unsympathetic and deliberately withholding Soje’s 11-month salary, without concerns for his health challenge.

    The group’s Executive Director, Olaseni Shalom, appealed to the Office of the Attorney-General to disengage Mrs. Ogunmola in line with the public service rule, saying she lacked the authority to withhold the deceased’s salary for almost a year.

    Soje, who was accused of age falsification, allegedly confessed to committing the atrocity. But the group queried the circumstance of the confession.

    In a statement yesterday, Olaseni demanded N10 million, as part of compensations to Soje’s family, and a public apology.

     

     

     

     

     

     

     

     

  • Angola, student activists and the Murtala Muhammed regime: a convergence forgotten, as if it never happened

    Angola, student activists and the Murtala Muhammed regime: a convergence forgotten, as if it never happened

    Only days, not hours, after I had finished writing the piece published in this column last week did the memory of it come back to me: the closest and most intense engagement that I and other members of the Nigerian socialist movement, specifically academic Leftists, ever had, as a collective body, with collaboration with a military regime in this country. At first, my recollection of the episode was vague and hazy; for this reason, I quickly put it out if my mind. But somehow, it refused to go away and with the persistence of the memory came greater and more detailed recollection of the event, complete with all the personalities, all the debates and exchanges that took place. And when, finally, this almost automatic, self-generating act of recollection had achieved its clearest and fullest profile in my mind, I wondered why, all these decades, I had almost completely forgotten about it. Not to keep the reader mystified any longer about what this is all about, let me briefly give an account of what exactly it is that I am writing about here.

    It was sometime in late January 1976. I was then teaching at UI, not at the University of Ife, the institution at which I would eventually experience perhaps the most fulfilling period of my life as a professional academic. I was a member of the Anti-Poverty Movement of Nigeria (APMON), serving both as a member of its central committee and Editor of its journal, “The People’s Cause”, with Eddie Madunagu as the General Secretary of the organization. Almost incontrovertibly, January 1976 was Nigeria’s finest hour to date as “the giant of Africa”, a country greatly admired on the African country and given considerable respect in the international comity of nations. The cause of this was mostly but not exclusively due to the famous “Africa Has Come of Age” speech given by Murtala Ramat Muhammad at an OAU Extraordinary Summit on January 11, 1976. As the historical records have it, that was the speech in which Muhammad threw Nigeria’s weight and backing behind Agostino Neto’s MPLA among the three Angolan anti-colonial movements. Moreover, Mohammad did this with an open and devastating attack on American efforts to arm-twist African countries to indirectly back the puppet anti-colonial group, Jonas Savimbi’s UNITA, by remaining “neutral” while America and the racist, apartheid regime in South Africa armed, funded and promoted the cause of Savimbi and UNITA. The waves of excitement and inspiration caused by that uncompromising anti-imperialist speech washed over the shores of all the continents, most especially on our continent.

    Back home from that OAU meeting, Muhammad was overwhelmed by the hero’s welcome that he received, especially from hundreds of thousands of workers and students. Of course, before the OAU speech, he had already achieved a “living legend” status by his anti-corruption crusade, especially in light of the fact that he started the crusade by attacking two institutional bastions of corruption that up till then had seemed invincible to any and all anti-corruption struggles – the leadership, respectively, of the military and the civil service. The enemies of Muhammad and the regime chafed under the assault, at first silently but ultimately volubly and openly, more or less coming close to insinuations that the regime was ripe for overthrow. But the massive popular support of workers and students shielded the regime from the counter-revolutionary plots of the military and civil service scions – at least for some time. All the same, as important as Muhammad’s anti-corruption assaults on the military and the civil service were, it was his fiery and uncompromising anti-imperialism that converted students, in their hundreds of thousands, to a veneration of Muhammad himself and massive militant support for his regime. And it was on the cusp of this diehard student support, indeed students’ hero worshipping of Mohammed, that the event about which I am writing in this piece took place.

    It was early in February 1976 that word came to us from Supreme Headquarters that the regime was planning to send the most developed and reliable leaders of student organizations to Angola for ideological orientation. By “us” here I am referring to the most active and well known radical lecturers and their organizations. In effect, we were told: send about 20 among the most developed, mature and reliable of your student activists to us and we will send them to Angola for training and orientation as the first batch of many subsequent contingents. Even with the distance of time and circumstances from those heady days of the brief rule of Murtala Muhammad, I still recall the tremendous excitement, the quickening of radical temper and nerve, that this caused among the majority of those of us to whom the message was sent. No administration in Nigeria, civil or military, had ever come close to this embrace of radical, anti-imperialist organizations of students and we were simply stunned by the proposal. To many among us, this was the ultimate proof of the revolutionary intentions and credentials of the Murtala Muhammad regime and we had no choice but to cooperate with the regime in the actualization of the proposal.

    But some of us, clearly in the minority, called for caution, if not outright rejection of the proposal. APMON, the organization to which Eddie Madunagu and myself belonged, was the most vocal of these critical or cautionary interlocutors in the deep, wide and fractious debates among campus socialists and their organizations that ensued. I have remarked earlier that at the time, I was still teaching at UI prior to leaving Ibadan for Ife in late 1977. The relevance of this observation lies in the fact that the late Comrade Ola Oni and his group, also based in UI, were the most enthusiastic supporters of this Angolan-Nigerian student project proposed by the regime. I am not sure of this now, but I think it may have been Ola Oni and his group that in fact suggested the project to the Muhammad regime in the first place, though when the message came to us, it was presented as a long-term, long-range ideological objective of the Murtala Muhammad regime. For those who are curious about the intricacies of the debate that the proposal generated among us, let me explain that we in APMON based our position of caution on the reasoning that it was tactically unwise and perhaps even dangerous, to expose the most developed, reliable and mature activists leaders among our students to a military regime that we knew to be deeply divided internally and ideologically, a regime some of whose key members were known to be virulent anti-socialists and reactionaries.

    For the rest of what remains to be narrated of that event in this retrospective account, it suffices for me to state that those of us who advised caution, being so hopelessly in the minority, lost to the majority of keen and ardent supporters of the proposal. In time, a group of about 20 student leaders from diverse university campuses in the country were selected and were dispatched to Lagos, en route to Luanda, Angola. And then something “mysterious” happened: the chosen ones arrived in Lagos; they were lodged in cheap, dingy two-star hotels; thereafter an endless wait began during which they were periodically met by officials from Dodan Barracks who implored the student leaders to be patient, assuring them that everything was on course and they would soon be on their way to Angola. By now the reader should have guessed the end of the story: the journey to Angola for the student leaders never took place. One by one, the students eventually went to their various campuses, the Angolan trip a mirage that in time disappeared into a forgotten footnote on the history of the regime and the period. Well, forget Angola: no project of ideological orientation for activist student leaders within Nigeria itself ever took place either.

    This was of course due in part to the fact that within four months of this event, Mohammed was assassinated, the first political and ideological consequence of this tragic event being the accession to power of Olusegun Obasanjo, an instinctual but also a calculating reactionary to the core. On assuming power, Obasanjo embarked on a systematic reversal and/or dismantling of all the radical, anti-imperialist projects and policies of Murtala Mohammed. Indeed by 1978 at the time of the infamous “Ali Must Go” demonstrations on our campuses, Obasanjo had strayed so far from Mohammad’s project of revolutionary ideological orientation for our students that he had given orders for security agents to infiltrate organizations of students with the purpose of spying on them so as to break them up and expel those he considered the most “dangerous”; and he had shown a readiness, if and when necessary, to send solders in battle gear to invade the campuses and shoot to kill. But the problem, the essential contradiction, went far beyond Obasanjo’s opportunism and right-wing megalomania. The Angolan project of ideological orientation for Nigerian student activists was itself the most telling expression of this fact. How so?

    We will never know if Muhammad would have evolved away from his admittedly left-leaning but indisputable Bonapartism had he not been assassinated less than one year in office as military ruler. Succinctly explained, Bonapartism is authoritarian rule with a very broad popular appeal or even mandate, usually by a strongman with ties to the military. Long before he became Head of State after the overthrow of the regime of Yakubu Gowon, Muhammad had given every indication that he was waiting in the wings for the right and opportune moment to take the reins of power. He was immensely confident of the power of his personal charisma and boldness. True, when he became Head of State and Commander-in-Chief of the Armed Forces, he shared power with Generals Olusegun Obasanjo and Theophilus Danjuma with both of whom he constituted something of a triumvirate, not something usually associated with Bonapartism. But there was not the slightest doubt that within that putative triumvirate, Muhammad had near absolute power, the power of a Bonapartist who knew quite well that neither Obasanjo nor Danjuma had the grip on the popular imagination that he had. Indeed, it was his Bonapartist tendencies that his enemies seized upon, magnified and began to deploy in their plots for his downfall after his summary dismissal – allegedly without “due process” – of over 10,000 civil servants for corruption. Moreover, beyond the undoubted genuineness and fervor of his anti-imperialist ideas and policies, he had no consistent and coherent anti-capitalist and anti-imperialist program to speak of and popularize. Indeed, at the same time that he was sowing fear and dread among the Western powers and multinational corporations, he was cementing a move toward wholesale privatization of public enterprises and assets. The Angolan-Nigerian ideological orientation proposal was part and parcel of this confusing and confused mix of Muhammad’s Bonapartism and populism.

    A forgotten and perhaps also forgettable chapter in the history of military rule in our country? No! Forgotten but not forgettable!

     

    • Biodun Jeyifo

    bjeyifo@fas.harvard.edu