The Nation Newspaper

Tag: detention

  • ECOWAS court to hear Dasuki’s suit

    ECOWAS court to hear Dasuki’s suit

    The Community Court of the Economic Community of West African States (ECOWAS) said yesterday it had jurisdiction to hear a suit by former National Security Adviser (NSA) Mohammed Sambo Dasuki.

    Dasuki brought a fundamental rights enforcement suit before the court, challenging his continued detention by the Department of State Services (DSS).

    He contends among others that his detention was a violation of his rights on the grounds, among others, that not only has he been granted bail by Nigerian courts, there was no subsisting order for his detention.

    In a ruling yesterday, a three-man bench of the ECOWAS Court dismissed Federal Government’s objection to its hearing of the suit.

    Justice Friday Chijoke Nwoke, who presided and read the ruling, held that the Nigerian government, represented by Tijani Ganzali, misunderstood the kernel of Dasuki’s case by arguing that it bordered on contempt of the order made by Nigerian courts.

    The judge said Dasuki’s case was mainly a challenge of the alleged breach of his rights by agents of the Nigerian government.

    “In determining jurisdiction, the court is to look at the facts as stated by the plaintiff and the prayers he sought, not the defendant’s.

    “A careful analyses of the facts by the applicant is that he was unlawfully detained without committing any offence, and that his continued detention was as a result of the defendant’s President’s statement that he will not be released,” he said.

    On the Nigerian government’s argument that a similar case was pending in local courts, Justice Nwoke believed that the case before the Nigerian courts were criminal and not related to rights abuse.

    He added that no similar case pending before any other international court, which ordinarily, would have denied his court the necessary jurisdiction.

    “It is beyond contention that the issues raised in this matter borders on human rights violation. The defendant’s argument that a similar case is pending in Nigerian court is unfounded.

    “The pendency of any similar case in Nigeria does not amount to an international court. An individual can maintain a fundamental rights enforcement case before this court, even if he has not exhausted local remedies.

    “The case before this court is not similar with the criminal ones before the local courts. This application (suit by Dasuki) is declared admissible.

    “This court dismisses the objection of the Federal Government. Cost is to abide the final determination of the case,” Justice Nwoke said.

    He adjourned to May 17 and 18 for definite hearing of the substantive case.

     

     

  • Monarch hails Ugwuanyi for release of 76 farmers from detention

    Monarch hails Ugwuanyi for release of 76 farmers from detention

    The traditional ruler of Ugwuleshi community in Awgu Local Government Area of Enugu State, Igwe Godwin Nwobi, has hailed Governor Ifeanyi Ugwuanyi for ensuring the release of 76 farmers from prison custody.

    The farmers were granted bail on Friday by an Umuahia Magistrate’s Court, following an altercation between them and some Fulani herdsmen, which led to their arrest and arraignment.

    The monarch said the farmers safely united with their families and loved ones after getting bail.

    He urged the Federal Government to resolve the perennial confrontation between the Fulani herdsmen and indigenous farmers over the grazing of cattle on farmlands.

    Igwe Nwobi, who spoke on behalf of the residents and political stakeholders, said the cattle had always led to the destruction of crops.

    The monarch noted that a lasting solution would ensure an end to the clashes and promote peace among the villagers and Fulani herdsmen.

    On Ugwuanyi’s efforts at calming frayed nerves and reducing tension on the matter, Igwe Nwobi said the governor’s intervention made it possible for the farmers to be granted bail for their freedom.

    He said: “I am happy that they are back. I thank the Government of Enugu State for its efforts in making sure that my subjects come back. I appreciate the efforts of Governor Ugwuanyi, who visited my community over this matter. That shows he is a man of the people. We pray God to grant him wisdom to continue to pilot the affairs of Enugu State. I also thank my community for their understanding.”

    The member representing Awgu South Constituency in the House of Assembly, Nelson Uduji, said the residents went through arduous tasks to get the bail for the 76 farmers.

  • Badeh, ex-NIMASA DG quizzed in detention

    Badeh, ex-NIMASA DG quizzed in detention

    •Agency set to arraign military chief

    Former Chief of Defence Staff Air Chief Marshal Alex Badeh yesterday went through fresh grilling in detention with a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Patrick Ziakede Akpobolokemi.

    It was learnt that Air Chief Marshal Badeh was moved from Abuja to Lagos to join Akpobolokemi in responding to questions from EFCC operatives and to go through documents with the anti-graft agency.

    It was learnt that Air Chief Marshal Badeh might face another trial in Lagos with the ex-NIMASA chief.

    A highly-placed source said: “Investigation has so far revealed that NIMASA funds were made available to the Office of the CDS and the Air Force for some aerial surveillance.

    “The said funds were disbursed under the pretext of strengthening maritime security in the coastal areas.

    “We have interrogated the two former public officers in our detention facility in Lagos. What we have done is to bring the two ex-public officers together for a face-to-face clarification of allegations against them.

    “We do not want distance to serve as a barrier to our ongoing investigation. Certainly, they have confronted each other.

    “We are doing our best now to track how the funds were disbursed and the beneficiaries. We will recover every kobo of the billions given to the Armed Forces by NIMASA.”

    Responding to a question, the source added: “I think Badeh may face another trial with the ex-DG of NIMASA.”

    Akpobolokemi had been under interrogation for allegations of fraud  of about   N12, 905, 485.000 meant for a maritime university.

    Out of the sum, N11,737,854,485.00 was  allegedly  paid into a company suspected to be owned by Chief Government Oweize Ekpemopolo (a.k.a Tompolo).

    After the said money was paid, investigation further showed that N6, 000,000,000 was further moved into another account belonging to one of the associates of the indicted DG.

    Also, N816million  allegedly obtained through a presidential approval for the Voluntary International Maritime Organisation Members State Audit( VIMSAS) implementation in Nigeria, was allegedly diverted to personal use.

  • El-Zakzaky’s detention

    El-Zakzaky’s detention

    •We should follow the rule of law

    What triggered military violence in Zaria, Kaduna State, last December, resulting in the death of Shiite Muslims shot by soldiers? What about Shiite leader Ibrahim El-Zakzaky who is in detention on account of the incident?

    Reactions from two significant quarters highlighted the seriousness of the crisis that generated another round of tension in the country as the year drew to a close. The Senate set up an ad hoc panel to probe the incident in which 61 Shiites were reportedly shot dead by soldiers who were allegedly protecting the Chief of Army Staff, Lieutenant-General Tukur Buratai, from attack. Senate President Bukola Saraki said: “The Senate is seriously concerned and committed to ensuring that peace reigns in our dear country…”

    It is a measure of the dimensions of the clash that senators from seven standing committees of the upper legislative chamber were given the responsibility to get to the root of the problem. The investigators are from the committees on Defence, Intelligence and National Security, Judiciary and Human Rights, Army, Police Affairs, Internal Affairs, and Foreign Affairs.

    Also, the 19-member Northern States Governors’ Forum responded to the conflict with an emergency meeting in Kaduna. Chairman of the group and Borno State Governor Kashim Shettima said: “The issue has to do with an Islamic group that has membership across the 19 states in the North and beyond. We want to look how to ensure that the incident does not provide room for anyone or group to perpetuate violence in any of the 19 northern states.”

    Shettima’s hint was unmistakable as it raised the spectre of terrorism, especially against the background of the ongoing terror war against Boko Haram Islamists terrorising parts of the country’s northern region.

    Thoughts of possible extremism were not far-fetched.  Shettima noted:  ”When Boko Haram went wild in July 2009 with clashes between them and the police in Bauchi on 25th and 26th in Maiduguri, most Nigerians saw the issues as the problems of Bauchi and Borno. When they continued to attack Borno and Yobe, it became the affairs of Borno and Yobe states. All of a sudden, there was suicide attack in Abuja in 2012 and then everything went out of control and we are where we are today.”

    Indeed, the country cannot afford another terrorism-related conflagration while one is still burning. Although the Shiites are not Boko Haram and there may be no solid grounds for comparison, it is important to nip the trouble in the bud.

    There are conflicting versions of what led to the killings. Officially, the army accused the sect of an assassination attempt on its boss, saying that Shiites “barricaded the roads with bonfires, heavy stones and tyres” which prevented his convoy from advancing. “They refused all entreaties to disperse and then started firing and pelting the convoy with dangerous objects,” the army claimed. The sect’s counter-statement alleged that “the military had pre-planned this and had acted according to their mischievous script.”

    It is disturbing that the bloodletting was another in a series of clashes that have characterised relations between security agents and members of the Muslim Brotherhood. The tragic killing of three sons of El-Zakzaky, allegedly perpetrated by soldiers in similar circumstances in July last year, was another instance of the seemingly unending conflict.

    It is high time the authorities tackled the recurring tragedy. Just as no sect should be allowed to constitute a menace to the society, the army should not be allowed to act in a manner that amounts to killing an ant with a sledgehammer.

    The complication of El-Zakzaky’s detention without formal charges does not help matters. It is worrying that his supporters have expressed anxiety about his whereabouts and safety. The rule of law should prevail, meaning that justice should be pursued in civilised ways.

  • Metuh asks court to order his release from detention

    Metuh asks court to order his release from detention

    Peoples Democratic Party (PDP) National Publicity Secretary Olisa Metuh has asked the Federal High Court in Lagos to order his release from the Economic and Financial Crimes Commission (EFCC) custody.

    In an application filed through activist-lawyer Ebun-Olu Adegboruwa, he said his continued detention without charge is illegal.

    Metuh was arrested by the operatives of the EFCC on January 5 in his Abuja home and has since been in custody.

    EFCC reportedly obtained an order from a Chief Magistrate’s Court in Wuse Zone 2 to detain Metuh, who was arrested in connection with about N1.4 billion “suspicious” funds in an account of a company in which he has interest.

    About N400 million allegedly meant for arms purchase from the Office of the National Security Adviser(ONSA) was paid into the account of Destra Investment Limited, where Metuh is said to have a high stake.

    The EFCC said it decided to seek an order to remand Metuh because some of his accomplices are at large.

    Adegboruwa, in the suit, alleged that Metuh’s family, lawyers and doctors were denied access to him.

    He sued the EFCC and the Attorney-General of the Federation, contending that under section 35 of the 1999 Constitution, the commission has exceeded the maximum time allowed by law for a citizen to be detained without trial.

    Metuh is seeking a declaration that the respondents were not entitled to arrest, detain or restrict his liberty without charge in flagrant violation of his fundamental rights guaranteed under sections 35, 38, 40 and 41 of the 1999 Constitution and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.

    He sought a declaration that his arrest on January 5 constitutes a flagrant violation of his fundamental rights and is ultra vires, null and void and unconstitutional.

    Metuh said his detention at an unknown location, without access to his lawyers, family and doctors constitutes a flagrant violation of his rights and is, therefore, unconstitutional.

    The PDP spokesman said he “is entitle to move freely in any part of Nigeria, without let or hindrance”, adding that the “respondents are not entitled to demand for, seize, impound, detain, attach, forfeit and/or confiscate his property and assets”.

    He sought an injunction restraining the respondents from further violating his fundamental rights through unlawful arrest and detention, except and in a manner permitted by law.

    Metuh also prayed the court for an order directing the respondents or their agents to release him from unlawful custody forthwith.

    In a 19-paragraph supporting affidavit deposed by Adegboruwa, the lawyer chronicled the events leading to Metuh’s arrest by EFCC operatives.

    He alleged that “the arrest of the main voice of the opposition in Nigeria is part of the dictatorial tendencies of the General Buhari administration to silence all voices of dissent.”

    The case is expected to be assigned to a judge as the court has just resumed from the Christmas vacation.

  • MASSOB warns against Kanu’s continued detention

    MASSOB warns against Kanu’s continued detention

    MASSOB warns against Kanu’s continued detention 

    Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) has warned against the continued detention of leader of the Independent People of Biafra (IPOB), Nnamdi Kanu, despite a court order of release.

    A statement by its leader Uchenna Madu said the violation of court order by the Directorate of State Security Service (DSS) showed Nigeria’s lawlessness and disrespect for the judiciary.

    His words: “The continued detention of Nnamdi Kanu by DSS after the Magistrate and Federal High Courts discharged and acquitted him shows that the Nigerian judiciary is not independent.

    “The independence of the three arms of government is a complete sham, which portrays Nigeria as an undemocratic state. It is a sign of frustration on Nigeria because Nnamdi Kanu and agitations for Biafra represent the very truth Nigeria knows but fails to identify with.

    “I know Kanu; he’s a real Biafran who can never succumb to intimidation, deviation or compromise like Uwazuruike. His illegal detention will worsen the country’s already battered image. MASSOB will never relent in identifying with Kanu; we shall continue to press for his release with every legitimate action, supported and backed by internationally recognised laws, decrees and charters.”

  • Death in detention

    Death in detention

    •Suspect’s death in EFCC net must be investigated 

    No one is expected to die in the custody of the Economic and Financial Crimes Commission (EFCC), although death is not always predictable. When death occurs in EFCC’s cage, it complicates things for the anti-corruption agency, which would need to clear the air.

    The death of Arowofela Olufemi, who was being investigated by the EFCC in connection with alleged fraudulent conversion of dividend warrants of over N100 million, put a spotlight on detention conditions at the agency. He was arrested following a complaint by the Securities and Exchange Commission (SEC). EFCC operatives reportedly apprehended him at a bank where he attempted to cash alleged stolen dividend warrants.

    A report said the suspect was “offered administrative bail but could not produce a surety to perfect his bail thereby leading to extended incarceration”. According to a statement by EFCC spokesman Wilson Uwujaren, the suspect had complained of chest pains early in the day and was rushed to an unnamed military hospital in Lagos, where he died before doctors could attend to him.

    Uwujaren said: “The cause of the sudden death is yet to be ascertained even as the corpse of the deceased has been deposited at the mortuary of the Lagos University Teaching Hospital. The family of the deceased has already been notified of the incident while the matter has been reported to the Onikan Division of the Nigeria Police.”

    The point about this particular death is that one is too many. It is ironic that a life was lost in custodial circumstances that should offer protection and safety. It is unclear whether the EFCC is structured to respond to health emergencies, like the one that resulted in this suspect’s death. This death calls for a review of the commission’s internal capacity to attend to detainees’ health-related problems before they get out of hand.

    While it is true that detainees may affect illness as a manipulative way of escaping uncomfortable detention conditions, the commission cannot be too careful when health is involved because health is a weighty matter. Any detainee under the EFCC’s care should have prompt access to medical attention.

    What caused the suspect’s death? Could it have been prevented by a timely intervention by the commission?  It is important to shed light on this unfortunate incident to avoid giving the public the impression that detainees may not be safe in the EFCC’s net. A thorough investigation is necessary, and it should be carried out without delay.

    In the current climate of political change under President Muhammadu Buhari, and given the intensity of his anti-corruption campaign, it is foreseeable that an increasing number of suspects would find themselves detained by the commission in the days ahead. The new EFCC chairman Ibrahim Magu must ensure that the commission is equipped to handle detainees’ health issues that may arise.

    It is a trite but accurate observation that every suspect is presumed innocent until proven guilty. So, EFCC detainees, whatever the nature of the allegations against them, should be kept under conditions that are not so restrictive as to deny them the benefit of prompt and proper treatment should they fall ill.

    It is reassuring that the EFCC chief said at a ceremony to launch his administration:  ”I want to state our resolve not to falter on the well-established tradition of patriotism, dedication, courage and fearlessness, and we will take this responsibility with utmost seriousness that it deserves. There is the need to make sure that whatever is gotten for common use did not end up in private pockets.”  The commission should also do its utmost to ensure that no suspect dies in its custody.

  • Bailiff alleges unlawful detention by EFCC official

    Bailiff alleges unlawful detention by EFCC official

    Allegations of refusal of service and unlawful detention have been levelled by a bailiff of the Federal High Court, Lagos against an operative with the Economic and Financial Crimes Commission (EFCC).

    An affidavit of facts deposed to by the bailiff, Mr. Lawal Jimoh, dated November 3, stated that on November 2, he attempted to serve three court processes on the operative at the commission’s 7A Okotie Eboh Street, Ikoyi, Lagos office.

    It claimed that after Jimoh introduced himself to the operative as a court bailiff, the processes, being Form 48 dated September 30, an Order dated October 30, and a Hearing Notice dated October 30, were served on her.

    Form 48 is a “notice of consequences of disobedience to court order”, which warns a party against whom an order is made, to obey it, failing which it would be cited for contempt.

    It is usually followed by Form 49 – a formal application for committal of the person(s) who refuse(s) to obey the court order or ruling.

    The affidavit stated further that the EFCC agent collected the processes from Jimoh and after going through it, “she ordered that I should take away the process from her”.

    “When I refused, she ordered a police officer named Inspector John A. A. to detain me until I take the process back.

    “I was held for three hours before I called my office for further instructions,” Jimoh said in the affidavit.

    He added that the Deputy Registrar of the Federal High Court called and advised him to collect the processes back, “when he discovered that my life was in danger”.

    The processes Jimoh attempted to serve was in respect of a contempt of court application deriving from a fundamental rights suit brought by a businessman, Jyde Adelakun, against the EFCC.

    When contacted, EFCC spokesperson Wilson Uwujaren said: “I don’t have such information, but I’ll cross check. I sincerely doubt that anything like that could happen.”

    Hearing on the matter will come up at the Federal High Court in Lagos on Monday, November 16.

  • Judge orders detention of The Nation man, six others

    •Three hours ordeal ends in lecture

    Seven journalists were  yesterday detained at the Ota High Court in Ogun State on the order of a judge.

    The detainees are Daud Olatunji (Vanguard), Samuel Awoyinfa (The Punch), Ernest Nwokolo (The Nation), Abiodun Taiwo (Daily Times), Sulaiman Fasasi (National Pilot), Wale Adelaja (TVC) and Johnson Akinpelu (Alaroye).

    The seven were in the court by 11:44am for two matters- cases involving victims of Pakoto demolition and killing in Oke – Ore community- which were believed to have been listed for hearing yesterday.

    The reporters, who arrived in two vehicles, pulled up quietly opposite Court 1 where other visitors had parked.

    They had hardly disembarked when a police orderly, who identified himself as Adeyemi Oluwaseun, accosted them.

    Upon learning their identification, the police officer returned to his duty post.

    But a minute later, the Assistant Court Registrar (ACR) inquired in a haughty tone about the reporters’ mission.

    She demanded a letter of authority from the chief judge or a senior judiciary officer permitting them to enter the court.

    Dissatisfied with the reporters’ explanations, she went to the judge while the court was in session. When she returned, she said the judge had ordered their arrest after she misinformed him that they were filming the court premises.

    From 11:45am to 2:44am, the reporters were detained inside the administrative wing of the court. One of them almost fainted, following the psychological and humiliating experience.

    But a snake that emerged from the bushy court premises and which bit one of the male judiciary officials forced the judge to send the journalists away after reprimanding them.

    The name of the judge could not be immediately ascertained but the birthday cards sighted in his office were addressed to N. I. Agbelu.

    Three workers rushed the victim to the State Hospital Ota for treatment; others stayed behind to hunt for the snake, which slipped into one of the crevices on the staircase leading to the entrance of the ACR’s office.

    Before releasing the journalists at 2:44pm, the judge spent 25 minutes lecturing them, saying the court is not a public place.

    He said: “I put you under arrest. You are under arrest. You will discover that this compound is fenced round, is that not so?

    “If you are representing public interest, you must know we have a head in this court. I am a judge and I have unlimited jurisdiction in the state.

    “I can even say somebody should be arrested without question, but in exercising my power, I have to inquire into many things.

    “You cannot say because you are representing public interest, you will burst into any compound or burst into my house. You have a right as a journalist, but, where yours stops mine starts.

    “And if I am the owner of a house, I have a right to my privacy. What I am saying is that judiciary has its own right too. You are infringing on our own right too. You don’t know?

    “A report came to me that some people invaded the court, claiming that they are journalists.

    “It is not a local market and it is not an open market; you are approaching the court. If you are interested in a particular matter in a company, will you just burst into the company, saying you are journalists?

    “That is what I am telling you. You don’t just go into a place and start filming and then say you are a journalist.

    “I am telling you it is not a public place. I am telling you, the court is not a public place.”

  • Judge detains The Nation man, six others in Ogun

    Judge detains The Nation man, six others in Ogun

    Seven journalists were arrested and detained at the Ota High court premises for the better part of Tuesday on the order of a judge attached to the state High Court 1, Ota, Ogun state.

    The detained Journalists are Daud Olatunji (Vanguard), Samuel Awoyinfa (The Punch), Ernest Nwokolo (The Nation), Abiodun Taiwo (Daily Times) , Sulaiman Fasasi (National Pilot), Wale Adelaja (TVC) and Johnson Akinpelu (Alaroye).

    The seven were in the court premises by 11:44am to make an inquiry in respect of two cases involving victims of Pakoto demolition and killing in  Oke – Ore community, which were believed to have been listed for hearing Tuesday at the Ota arm of the Ogun state  Judiciary.

    The reporters who arrived in two vehicles, pulled up quietly opposite court 1 where other visitors had packed,   and they had hardly disembarked when a Police orderly who identified himself as Adeyemi Oluwaseun, accosted them, upon identification as pressmen, the Police officer returned to his duty post.

    But a minute later, the Assistant Court Registrar (ACR) – a woman, emerged and inquired in a hectoring tone about the reporters’ mission even as she demanded to see a letter of authority from the Chief Judge or a senior judiciary officer permitting them to enter the court premises.

    Unwilling to be persuaded that they are journalists in the court to carry out their constitutionally guaranteed jobs, she  dashed to the judge while the court was in session and when she emerged, she said the judge had ordered the arrest of the reporters, apparently she had misinformed him that they
    were filming the entire court premises.

    For three hours from 11:45am to 2:44am, the reporters were detained inside the administrative wing of the court during which one of them, who was having stomach upset, almost fainted following the psychological and humiliating experiences they were put through.

    But a poisonous snake that emerged from the bushy court premises and which eventually bite one of the male judiciary staff as well as causing not a small pandemonium and apprehension, forced the judge to send the journalists away after reprimanding them.

    The name of the judge could not be immediately ascertained but the birthday wishes on imposing cards sighted in his office, reads N. I. Agbelu.

    The judge said following the prevailing emergency, the Assistant Court Registrar had to see to the welfare of the staff to enable them attend to the emergency.

    While three of the staff rushed the victim to a state hospital in Ota for treatment, others stayed behind to hunt for the snake which slipped into one of the crevices at the staircase leading to the entrance of the ACR office.

    However, before the victim was rushed to the hospital, an improvise tourniquet was used to tie the affected leg at a position above the knee level while  over  a dozen incisions were also made on the leg with a razor blade to drain away the venom of the poisonous snake.

    But there was  palpable anxiety when the fear – striken judiciary staff sighted the victim’s blood rushing out from the razor cuttings and which had already started turning into dark colour in less than five minutes after the bite, causing them to make haste to rush him to the hospital before a grave harm is done.

    And before freeing the journalists by 2:44pm after they were herded into Judge’s office, and also spent 25 minutes lecturing them on what is public place in the eyes of the law, said the court is not a public place.

    He said: “I put you under arrest. You are under arrest. You will discover that this compound is fenced round, is that not so?

    “It is not on the major road that you can just come in.  If you are representing the public interest, you must know we have a head in this Court. I am a judge; I have an unlimited jurisdiction in the state.

    “I can even say somebody should be arrested without question, but in exercising my power, I have to inquire into many things.

    “You cannot say because you are representing public interest, you cannot just burst into any compound or burst into my house. You have a right as a journalist, but, where your own stops my own starts.

    “And if I am the owner of a house, I have a right to my privacy, fundamental right to privacy, because I want to educate you. If you want to infringe on my right that is where your own right stops which I am entitled to.

    “What I am saying is that judiciary has its own right too. You are infringing on our own right too. You don’t know?

    “A report came to me that some people invaded the court claiming that they are journalists filming the whole place.

    “It is not a local market and it not an open market, you are approaching the court. If you are interested in a particular matter in a company, will you just burst into the company, saying you are journalists?

    “That is what I am telling you. You don’t just go into a place and start filming and then say you are a journalist.

    “If we said you are trespassing into our land, do you have any defence answer me now?  I am telling you it is not a public place I am telling you, the court is not a public place.”