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Tag: EFCC

  • Malabu Oil:  Adoke alleges EFCC plot to abduct him 

    Malabu Oil:  Adoke alleges EFCC plot to abduct him 

    A former Attorney-General of the Federation and Minister of Justice Mohammed Bello Adoke (SAN) yesterday alleged that the Presidency and the Economic and Financial Crimes Commission (EFCC) were planning to abduct him from his base abroad.

    He also said the government was plotting to give him what he called “Dasuki treatment.”

    He said the EFCC and the government were denying him of livelihood, family life, as well as his legitimate right to fundamental freedoms.

    Adoke made the claims in a statement from his overseas base against the backdrop of the ongoing investigation of the $1billion Malabu Oil Block.

    In the personally signed statement, he ex-minister said: “I have become aware of plans being made by the Economic and Financial Crimes Commission (EFCC) acting in concert with the Presidency to illegally abduct me and forcibly drag me to Nigeria for purposes of detaining and humiliating me for having the audacity to challenge in court, my continuous persecution, intimidation and harassment by the EFCC.

    “I therefore wish to use this medium to once more sensitise Nigerians and the international community about the flagrant abuse of my rights being perpetrated by Nigerian authorities under the guise of fighting corruption and the plan to illegally abduct me against all known international laws, rules and norms in order to forcibly take me to Nigeria akin to the botched  ‘Umaru Dikko Saga’ in the UK in 1984 for the sole purpose of humiliating and illegally detaining me indefinitely for daring to challenge the actions /illegalities of the EFCC before Nigerian Courts and relevant UN Human Rights mechanisms.”

    He gave insights into why the government and the EFCC were allegedly against him.

    He said:  “It will be recalled that following relentless media attack on my person by the EFCC,  acting in concert with some powerful families with known ties to the government which culminated in the filing of phantom money laundering and corruption charges against me, I made spirited efforts to engage with relevant officials of government including the EFCC, the Office of the Attorney General of the Federation and the Presidency to furnish them with all the information in respect of the OPL 245 Settlement Agreement between the Federal Government of Nigeria and Malabu Oil & Gas Limited which was brokered by the administration of President Olusegun Obasanjo, GCFR.

    “I also furnished copies of relevant Agreements and Presidential approvals to implement the Settlement Agreement; evidence that the signature bonus of US$210 million due to government was duly paid and that all the officials that were involved in the implementation of the Settlement Agreement acted in furtherance of the requisite Presidential approval to actualize Government’s desire to end a long standing dispute over the ownership and operation of Block 245 that had prevented the commercial exploitation of the block for the benefit of the country.

    “Despite my best endeavour to explain the transaction, it became obvious that those who felt aggrieved by my refusal to use my office to further their interests in Malabu Oil & Gas Limited, (the beneficiary of the OPL 245 Settlement Agreement) were intent on impugning the transaction in order to strengthen the hands of their collaborators in government to repudiate settlement.

    “Consequently, concerted efforts were made in the media to taint the otherwise transparent implementation of the Settlement Agreement with corruption. I was singled out for prosecution in the absence of any proof of personal interest/gain or wrongdoing on my part.

    “It was against this background that I approached the Federal High Court for interpretation of the provisions of sections 5(1); 147, 148, and 150 of the Constitution of the Federal Republic of Nigeria, 1999 as amended in order to determine whether as a Minister in the Government of the Federation, I could incur criminal liability for carrying out the lawful directives of the President and Commander-in-Chief, particularly where it has not been shown that I acted in excess of such authority or directive.”

    Adoke alleged that the presidency and the government opted for renewed harassment for him because he refused to back down on his legal action.

    He said: “I have petitioned the UN Special Rapporteur on the Independence of Judges and Lawyers about my plight and the deliberate efforts being made by the EFCC and the government to deny me my livelihood, family life, as well as my legitimate right to fundamental freedoms.”

  • Group urges EFCC to investigate aspirants

    Group urges EFCC to investigate aspirants

    Group, the Anambra Conscience Movemnet (ACM), has urged the Economic and Financial Crimes Commission (EFCC) to investigate four governorship aspirants over the allegation of using accumulated funds for constituency projects to woo delegates at primaries.

    The group accused the aspirants, who are members of the National Assembly, of misusing funds for constituency projects.

    The aspirants are Senator Stella Oduah, Senator Andy Uba, Tony Nwoye and Lynda Ikpeazu.

    The petition, which has been received by the office of the EFCC chairman, was signed by the group’s president, Chief Godwin Chukwuyenlu, and secretary, Prince Osita Nwankwo.

    Former presidential aide Senator Uba has been in the National Assembly for six years, Senator Oduah is in his second year in the Senate. Nwoye has spent a year and eight months while Rep. Ikpeazu is spending the second year of her second term in the House of Representatives.

    The group stated in the petition: “We also have received credible information that orders have been placed for a large number of cars, tricycles and motorcycles also to be diverted for election campaign purposes. These orders are to be paid for with funds which were supposed to be used for Constituency projects but which were diverted.

    “Some of the materials like sewing machines, grinding machines, motorcycles etc are materials which were collected over the years for empowerment of constituents from the MGD office and other empowerment agencies of government but were hoarded and are now being used to induce delegates.

    “Several of the people being given these items are not from within the constituencies being represented by the members who are involved in this. Every Senator and Honourable member has a specific constituency which is not the whole state. The act of denying constituents of their rightful benefits and the use of such materials for campaign purposes and outside the constituency it is originally meant for is condemnable and must be stopped immediately.

    “You will recall Sir, that the Electoral Act provides that candidates for election into the office of Governor of a State should not spend more than N200, 000, 000:00 (Two Hundred Million Naira) only and should not receive donations in excess of N1, 000, 000:00 (One Million Naira) only from any individual.

    It added: “We call on you to immediately invite all the aspirants who are currently public officers including the above named members of the National Assembly to inquire into the sources of the humongous amounts of money they are sharing, unravel to confirm the source of money and the identity(ies) of the public officer(s) who has or have ordered for the cars, tricycles motorcycles, sewing machines and other items.

  • Court orders EFCC to seize Perm Sec’s N664m, $137,680

    Court orders EFCC to seize Perm Sec’s N664m, $137,680

    A Federal High Court in Lagos on Thursday ordered the interim forfeiture of N664,475,246.6 and $137,680.11 recovered from a serving Permanent Secretary in the Federal Ministry of Labour and Productivity, Dr. Clement Illoh Onubuogo.

    Vacation judge Justice Abdulaziz Anka, made the order following an application filed by the Economic and Financial Crimes Commission (EFCC).

    The judge also ordered the EFCC to seize a property described as “Clement Illoh’s Mansion” located at Ikom Quarters, Issala-Azegba in Delta State and a hotel at No. 19 Madue Nwafor Street, off Achala Ibuzo Road, Asaba, Delta State.

    The EFCC counsel, Rotimi Oyedepo, told the court that both buildings belong to the permanent secretary and were reasonably suspected to be proceeds of unlawful activity.

    After granting the order, Justice Anka directed the EFCC to notify the permanent secretary, in whose possession the properties were found, to appear before the court and show cause within 14 days why the properties should not be permanently forfeited to the Federal Government.

    The court also directed the publication of the interim orders in any national newspaper for any interested person to appear before the judge to show cause within 14 days why the order should not be made permanent.

  • Tighter security for Magu after gun attack on EFCC

    Tighter security for Magu after gun attack on EFCC

    A tighter security ring has been thrown around Ibrahim Magu and key officers of the Economic and Financial Crimes Commission (EFCC) after a gun attack on its Abuja office.

    Also being protected are the EFCC Acting Chairman’s mother, who lives in Maiduguri, the Borno State capital.

    The new security measures were taken after some gunmen yesterday attacked the agency’s office in Abuja.

    The annex office is where high-profile suspects are investigated.

    The gunmen stormed the facility at about 5a.m. shooting. They were repelled by guards.

    They dropped a death threat for a senior investigator, Ishaku Sharu, who heads the Foreign Exchange Malpractices Fraud.

    Sharu is saddled with the ongoing probe of several politically exposed persons and retired military chiefs.

    The EFCC has reported the attack to the Police. Detectives have been deployed to investigate the incident.

    Some forensic and ballistic experts are said to be part of the police probe team.

    A statement by the Head of Media and Publicity of the anti-graft commission, Mr. Wilson Uwujaren, said: “A major security breach was recorded at the headquarters of the EFCC in the early hours of Wednesday, August 16, 2017 as unknown gunmen attacked the office located at Wuse Zone 7, Abuja.

    •A van with a bullet hole on its door…yesterday

    “The group of heavily armed bandits invaded the office at about 05.00 hours and began shooting into the premises, damaging vehicles parked in the premises in the process. However, the attack was repelled by guards on duty.

    “The hoodlums escaped in a getaway vehicle but not without leaving a message; a white envelope dropped by the fleeing attackers was found to contain a death threat addressed to Ishaku Sharu, a senior investigator with the Commission.

    “Sharu, who heads the Foreign Exchange Malpractices Fraud Section, is in charge of corruption investigation involving several politically exposed persons and retired military brass hats.

    “The attack on the Zone 7 office, which houses the Commission’s AMCON Desk, Procurement Fraud and Foreign Exchange Malpractices Sections, is coming few weeks after another investigator, Austin Okwor, was shot and injured by unknown assailants in Port Harcourt, Rivers State.

    “The latest incident has already been reported to the police for investigation.”

    An EFCC source said most top officers managing high-profile cases had been receiving threat messages in the past few months.

    “None of us has been spared, but we did not envisage that the situation will degenerate to violent attacks on our office.

    “Security has been beefed up at the affected annex office and other strategic safe houses of EFCC,” the source said.

    The EFCC has been operating from makeshift offices and safe houses in Abuja.

    Although the Federal Government on November 27, 2010 awarded the contract for the EFCC’s permanent headquarters to Julius Berger Nigeria Plc for N18.86 billion, the project could not be completed within the three-year timeline – no thanks to paucity of funds.

    •A car with a bullet hole on its bumper…yesterday

    The Federal Executive Council on April 26, approved N5 billion more for the construction of the headquarters.

    During a visit to the site,  House of Representatives Speaker Yakubu Dogara assured that the EFCC would move to its permanent headquarters this year.

    He said:  “Our conviction is that where the EFCC currently operates does not give the good impression to first time visitors in Nigeria or people who come to Nigeria to interface with the agency as it is said that first impression counts a lot. I will be the happiest person to see that the EFCC resumes operation in the new building by December.”

  • Why EFCC should get more serious

    SIR: In 1984, the war against deadly drug lords from Mexico and Colombia grew rapidly when a Drug Enforcement Administration (DEA) agent, Enrique Camarena worked as an informant to the government and got very close to most of the Mexican drug lords. The information given necessitated the raid on Guadalajara Cartel Marijuana plantation.

    Two most dangerous drug lords in the world, Joaquin El Chapo and Pablo Escobar were arrested, killed in either case after thorough investigation, dedication and sacrifice by the combined efforts of the DEA, Federal Bureau of Investigation FBI and Central Intelligence Agency (CIA), CIA agents.

    In a Popular American TV series, Power, Angela Valdes, a character and one of the lead prosecutor and DEA agent responded to the conversation on how to arrest the notorious drug dealer, who is yet unknown. Carlos Ruiz, another character is still untouchable because they haven’t gotten enough evidence to nail him. Angela said “If we can build a compelling case against him, we can put him behind bars” and her boss responded, “We can’t touch him, unless we know we can put him in jail”.

    The Economic and Financial Crimes Commission, EFCC has been everywhere in Nigeria. They can’t kill, so they find it difficult to build concrete evidence against all those they have brought to the Nigeria courts. We need to do more; convince a competent court of law to get justice. Also, due diligence and sacrifice should be made in other to get justice, even when we know that an alleged criminal can’t be denied his right to legal representation. Abdulmutalab the kid that wanted to bomb an American plane had an attorney that defended him. He deserved it. It is now left for the lawyer to build up a convincing case to the judge or jury.

    It was easier for the United Kingdom authority to sentence James Ibori to prison because the prosecutor did a diligent job to convict him.  Nigerians want to make money and become millionaire in a day, we don’t care how it happens and we have lost our patience.

    Journalists who have prominent roles to play in this anti-corruption battle are not doing enough. A friend once said – “If it isn’t investigative, then it is not journalism”. We all wake up and consume breaking news from some news outlet and consume it, hook line and sinker. Nobody takes time to investigate the source of the news or the authenticity of such.

    Recently, a popular hip hop artist took time to attack all ‘lazy politicians for their un-seriousness and ineptitude’. Another one praised the “Yahoo” boys from the beginning of the song to the end. My observation isn’t about his song but the names mentioned in his track, all of them are youth which till today, nobody can explain how they all became billionaire. EFCC can’t do the work; neither can our journalist unravel the source of their wealth.

    If EFCC wants to give judgment on the pages of newspaper, it is free to do that but none will translate to court conviction. If FBI, CIA and DEA are losing court cases as our EFCC, it will be a big slap on all the agencies but it seems we don’t even care again.

    Isn’t it a shame that Nigeria’s anti-corruption agencies could not unravel the level of corruption against Diezani Alison-Madueke and James Ibori? Neither could they build up a solid case until foreign countries stepped in. We can’t continue to put our country in bad light because of corruption and ineptitude of all agencies involved.

    Let EFCC take time to build their case, let journalists assist in investigative journalism to help rid our society of scammers, thieves and drug lords.

     

    • Oguntoye Opeyemi, 

    <oguntoyeopeyemij@yahoo.com>

     

  • Group to PDP: Stop insulting sensibility of Nigerians

    Group to PDP: Stop insulting sensibility of Nigerians

    The Buhari Media Support Group (BMSG) Wednesday told leaders of the People’s Democratic Party (PDP) to stop insulting the sensibility of Nigerians with their claims of fighting corruption and laying the foundation for Nigeria’s development when they actually laid the foundation for the current economic hardship the nation is passing through.

    The group in a statement made available to newsmen in Abuja said the PDP should stop laying claims to what it could not achieve in its 16 years in power, adding that it is a confirmation that the party is still in the business of insulting the sensibilities of Nigerians.

    The group was reacting to the claims by officials of the PDP at its non-elective convention last weekend in Abuja, the group dismissed the party’s claim that it fought corruption within the 16 years that it was in power.

    The statement which was signed by its Chairman, Hon Austin Braimoh and Secretary, Chief Cassidy Madueke, said after claiming to spend huge sums of money on power, it is now evident that what the PDP actually did was spent the nation’s hard earned money to procure darkness for Nigerians

    The group said recent recoveries by the EFCC which showed that one person acquired enough money that could be used to build six airports, two long rail lines and implement huge agricultural projects that would have provided much-needed jobs for teeming Nigerian youth is a clear indication of how the PDP fought corruption in the country.

    According to them, “This is money stolen by just one person during the President Jonathan’s administration. Only God knows what other PDP government officials did during the 16 years that that party held Nigerians to ransom’’.

    They reminded the PDP of how former Governor of the Central Bank of Nigeria and now Emir of Kano,  Sanusi Lamido Sanusi was sacked for telling the entire nation during the Jonathan administration that about $20 Billion was missing from the nation’s treasury.

    “There was massive looting going by the recoveries made by EFCC and these monies have been traced to the accounts of past PDP government officials. Nigerians now know the truth about what happened to their commonwealth’’, the statement said.

    While asking the PDP to desist from insulting the intelligence of Nigerians, the group said that the maladministration that happened under the PDP watch resulted in the hardship and economic recession that the country and Nigerians are currently experiencing for which President Muhammadu Buhari is working hard to redress.

    They wondered how a corrupt regimes of the PDP could claimed to have fought corruption by just setting up the ICPC and EFCC when it knew that both agencies served as a source of deceit in the sense that they were toothless bulldogs that could only bark and not bite.

    They alleged that both the EFCC and ICPC were used by the PDP government to hunt down, harass and embarrass political opponents in its bid to retain power by all means, adding that it is now that both agencies have become alive to their responsibilities and the difference is clear.

    The group argued further that the PDP deliberately failed to implement the use of the Treasury Single Account and the Bank Verification Number meant to track the movement of funds because it would have hooked the numerous crooks in the party who were into dubious transaction

    The Buhari Media Support Group recalled that Nigeria lost so much revenue to illegalities at the nation’s ports where billions of dollars was lost to mid-stream discharge of cargo while corruption that held sway in the Nigeria Customs Service denied the nation of huge sums of revenue.

    They stressed that after claiming that it spent trillions of Naira to improve power supply across the country, it has become obvious that the PDP paid for Nigeria and Nigerians to remain in darkness, adding that it is shocking that the PDP whose import list included tooth picks and other luxury goods could pride its regimes as the best that ever happened to the country.

    “It is important to remind the party that evidence of infrastructural decay which include poor road networks, drop in the standard of education are still available. Meanwhile, the highest deceit was the convening of a national conference that gulped billions of Naira when it was obvious that the regime of Goodluck Jonathan had made up its mind not to implement the recommendations of the conference”, the group said

    They claimed that under President Buhari, Nigeria has made significant economic gains among which include the implementation of TSA, increased revenue generation by the Nigeria Customs Service and Federal Inland Revenue Service and in-flow of Foreign Direct Investment.

     

  • Otti to EFCC: Probe past Abia governments

    Otti to EFCC: Probe past Abia governments

    The All Progressives Grand Alliance (APGA) governorship candidate in Abia State, Alex Otti, on Wednesday urged the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies to probe past and present governments in the state to unravel the “disappearance of billions of naira accrued to the state.”

    Otti stated this at a press conference held in Victoria Island, Lagos, where he condemned the National Assembly’s approval of $200 million African Development Bank (AfDB) loan for the state.

    According to Otti, the administration of Governor Okezie Ikpeazu has left many Abia workers miserable because they were owed eight months’ salary arrears despite several billions of Naira that have accrued to the state.

    Specifically mentioning the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the APGA chieftain said the anti-graft agencies should beam their searchlight on Abia and commence urgent investigation in order to unravel the mystery why the state has remained in ruins despite all the money it has garnered from allocations, Internally Generated Revenues (IGR), bailouts and loans.

    He said: “There is absolutely no doubt that the Ikpeazu/PDP led government does not mean well for Abia State and its people as the consistency of negativity of the government, especially in the management of the people’s commonwealth has assumed a provocative and insulting dimension, hence the need for all men of good conscience to collectively raise their voices in saving the state by calling Dr. Okezie Ikpeazu and his collaborators to order so that they don’t plunge Abia and Abians into long term financial and economic chaos.

    “I demand that the National Assembly should review its decision taken few weeks ago and quickly withdraw or reverse its approval of the $200 million loan, as any money given to the Abia State government by the issuing body is bound to disappear going by its crazy record of financial recklessness. Besides, the capacity to repay this humongous loan has not been demonstrated in any way or form, irrespective of the outdated document titled: ‘Abia State Integrated Infrastructure Development Project’ dated October 2015, which was the only document placed in front of the Assembly for the loan.

    He said the government should tell Abians where the billions given to it so far for the development of the state have gone to, adding that the state House of Assembly should without delay, set up a panel to investigate the financial activities of the Ikpeazu led government and ensure that anyone found culpable in the obvious financial crimes halting the development of the state is made to pay the price.

     

  • Court grants temporary forfeiture of firm’s N206m

    Court grants temporary forfeiture of firm’s N206m

    A Federal High Court in Lagos on Tuesday granted the temporary forfeiture of  N206 million belonging to a firm being investigated for alleged fraud by the Economic and Financial Crimes Commission (EFCC).

    The EFCC said it reasonably suspected the money to be part of a fraudulent transaction by two respondents – Vermilion Studio Products Limited and  Akintola Olubunmi Vera.

    Vacation judge, Justice Abdulaziz Anka, authorised the EFCC to confiscate the money pending the determination of its investigation and possible prosecution of the case.

    Justice Anka made the interim order following an ex parte application filed by the Commission’s lawyer, George Chia-Yakua, on August 10.

    Chia-Yakua told the judge that the sum was domiciled in two First Bank accounts numbered 3100844602 and 3011147218 respectively.

    The accounts belonged to Vermilion Studio Products Limited and Vera.

    According to a supporting affidavit filed by an EFCC investigating officer, Paul Ugema, the Commission commenced investigation of the matter after receiving a petition to that effect.

    The petition alleged that the respondents diverted over N206million property of Mooncrest Enterprises Nigeria Limited.

    “It was discovered that the respondents were making suspicious funds transfer into the accounts subject of investigation.

    “I know as a fact that the funds found in the accounts of the respondents are reasonably suspected to be proceeds of crime,” Ugema said.

  • Hajj: 400 persons denied privilege in 2014 get automatic slots in Plateau

    Hajj: 400 persons denied privilege in 2014 get automatic slots in Plateau

    The Plateau Muslim Pilgrims Welfare Board has offered automatic slots to 400 persons, who were denied the privilege to travel to Saudi Arabia for the exercise in 2014.

    Its Executive Secretary, Alhaji Dayyabu Garga, told newsmen on Tuesday in Jos that the intending pilgrims paid for the exercise in 2014 but did not travel because their monies “disappeared”.

    “We have traced their records and offered them automatic slots. We have not been able to trace their monies and have invited EFCC and ICPC to investigate,” he said.

    Garga said that the board had asked the intending pilgrims to pay the difference between what they paid in 2014 and the charges in 2017.

    He said that 1,100 persons had fully paid for the exercise for which Plateau was allocated 1,400 seats, adding that the first batch would travel to the holy land, via the Bauchi International Airport, on Aug. 16.

    Garga explained that the board would not allow people above 65 years to travel for the exercise because it was energy sapping.

    The official advised the intending pilgrims to respect the rules in the holy land and pray for the country.

  • HURIWA petitions UN over EFCC’s raid on Adoke’s home

    HURIWA petitions UN over EFCC’s raid on Adoke’s home

    THE Human Rights Writers Association of Nigeria (HURIWA) has protested to the United Nations (UN) against alleged harassment of a former Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN), by the Economic and Financial Crimes Commission (EFCC).

    The organisation faulted the invasion of the homes of Adoke in Abuja, Kano and Kogi states.

    It asked the UN to invoke its Article 17 on International Covenant on civil and political rights to protect Adoke’s fundamental rights.

    HURIWA made its position known in a petition to the UN against the backdrop of the recent combing of Adoke’s houses by the Economic and Financial Crimes Commission (EFCC) and the Police.

    A statement by the group’s National Coordinator, Emmanuel Onwubiko and National Media Affairs Director Miss. Zainab Yusuf, said it has sent a team to Dakar, Senegal over the weekend.

    It said the petition was submitted to Mr. Mohammed Ibn Chambas, the Representative of the Secretary General of the United Nations (UN) for West Africa.

    The petition reads in part: ”We write you this petition with the greatest respect and with the ultimate expectation that you would use your good offices and institutions to wade into the matter and demand that the Nigerian State provides remedial redress to the victims of serial human rights violations aforementioned.

    “This petition is being written purely from an independent perspective as credible stakeholders in the Nigerian human rights community.

    “We have existed and worked actively to defend human rights in Nigeria of all classes since a decade ago.

    “We at the HURIWA have followed with considerable shock and trepidation, the continuous harassment of the family members of the immediate past Federal Attorney General and minister of Justice Alhaji Mohammed Bello Adoke (SAN) by the Economic and Financial Crimes Commission. There is also allegation of threats to the life of the immediate past AGF.

    “The former Minister of Justice, who has been in Europe for his post master’s degree course, has cried out on several occasions that the lives of his immediate family members are threatened by members of the cabal within the Presidency in Nigeria because of the ongoing issues relating to the lawful action he took in his capacity as the nation’s chief law officer in the business transaction over oil well involving such parties as Malabu and Shell.”

    “Sir, we will for historical purposes present the summary of the matter of Malabu and to show your good offices that in the entire scenario, the immediate past AGF is being wrongfully targeted may be because of his political persuasion or because he was a key kitchen cabinet member of the last government headed by the now opposition party- People’s Democratic Party.”

    HURIWA raised some issues, which the UN should look into.

    It added: “Why isolate and select Adoke for persistent harassment when the FG hasn’t been able to establish any evidence of wrongdoing or show any bribery transaction linking the immediate past AGF?

    “The action of invasion of homes of Adoke in Abuja, Kano and Kogi states is illegal and unconstitutional and violates all known laws of civility and human rights…”

    It added: “We believe that the incessant invasions of private residences of the family of the immediate past minister and the willful destruction of his property by agents of the Nigerian government amounts to the violation and negation of the fundamental obligations of the Nigerian State to protect and promote the human rights of Nigerians.

    “Nigeria being a signatory to several international human rights and humanitarian treaties, covenants and treaties, we urge you to use your good offices to compel the Nigerian government to comply with three basic state obligations arising from human rights namely the obligation to respect; the obligation to protect; and the obligation to fulfill.”