Lagos lawyer Mr. Femi Falana has urged the Federal Government to enforce the electoral law which criminalises vote-buying in the forthcoming governorship elections in Ekiti and Osun states.
He said this would ensure the credibility of the elections.
Falana made the plea in his keynote address at the national electoral stakeholders’ summit organised by Transition Monitoring Group (TMG) with support from the United Kingdom’s Department of International Development in Lagos.
The frontline lawyer listed various impediments to credible elections, including vote-buying, bribery and conspiracy, noted that there had been no political will to criminalise the offence in Nigeria.
He regretted that in the last few years, vote-buying and bribery during elections had been mind-blogging.
Falana said: “In the last three or four elections, between 2015 and now, we have witnessed this disturbing phenomenon of vote-buying on the day of election. It is so embarrassing for us as a people because some of these elections are not monitored by our people alone but all over world. The foreigners will go back home and say that corruption has been institutionalised in Nigeria; that on the day of elections, voters are paid before casting their votes.”
The lawyer said Nigeria was becoming a laughing stock among the comity of nations due to vote-buying during elections.
He urged Independent National Electoral Commission (INEC) to use the forthcoming Ekiti and Osun governorship elections to implement the law against vote-buying.
According to him, cases of vote-buying and other electoral offences are often discontinued by attorneys-general in some states.
Falana said this had been a drawback on the nation’s desire to ensure credible polls.
The lawyer called for an independent electoral offence panel, as stipulated in the Justice Muhammadu Lawal Uwais Penal Report, to deal with electoral offences in Nigeria.
He said: “Many of the electoral offences committed during elections are often times quietly withdrawn by some attorneys-general in some states on the ground that the state is not willing to prosecute.”
On the premise that many Nigerians were hungry and open to bribery on the day of elections, Falana challenged INEC, political parties and the National Orientation Agency (NOA) to begin enlightenment campaigns that would help Nigerians to demand answers to their problems from politicians.
He said: “Nigerians across the country must get politicians to be accountable. Those we have elected, we must make them to account and justify why we should renew their mandate. Unless we do that we are not going to get out of criminality. Yes, people are hunger but it is never a justification for them to demand for money before voting.”
TMG’s Chairperson Dr. Abiola Akiyode-Afolabi said the event was meant to create awareness and provide an opportunity for the public and stakeholders to bare their minds on grey areas in the electoral system that should be revisited to ensure a smooth transition from one democratically elected government to another.
She called for collaboration between the media and civil society groups, as co-actors in the political space, to strengthen the process and the performances of INEC to ensure free, fair and credible elections in 2019.
Lagos lawyer, Femi Falana, said on Tuesday that President Muhammadu Buhari has announced the result of the annulled June 12, 1993 presidential election by honouring the presumed winner of the poll, late Chief Moshood Abiola.
He urged the President to direct security chiefs to restore the rights of all Nigerians.
President Buhari had earlier on Tuesday apologized to Nigerians over the annulment of the election by former President Ibrahim Babangida’s administration.
He spoke at the investiture of national honours on Abiola and other heroes of democracy.
The President conferred posthumous national honours of Grand Commander of the Federal Republic (GCFR) on the late business mogul.
He also conferred a posthumous Grand Commander of the Order of Niger (GCON) honour on the late foremost rights activist, Chief Gani Fawehinmi.
He decorated Abiola’s running mate in the 1993 election, Amb. Babagana Kingibe, with the Grand Commander of the Order of Niger (GCON) honour.
LAGOS lawyer Femi Falana (SAN) has advised the Federal Government against signing any bilateral agreement with the Kingdom of Morocco for the exploitation of the resources in the occupied Western Sahara.
President Muhammadu Buhari arrived in the Kingdom of Morocco yesterday on a two-day working visit.
He warned that should government make the mistake of doing it, “such agreement will be annulled and set aside by a court of competent jurisdiction”.
Falana gave the advice in a statement issued in Lagos titled: “Matters arising from President Buhari’s trip to Morocco”.
The activist lawyer drew the attention of the Federal Government to the judgments of the European Court of Human Rights and the High Court in South Africa, which have ruled that the Kingdom of Morocco is not competent to exploit any of the vast natural resources in Western Sahara as they belong to the Saharawi people.
Falana advised the Federal Government to take advantage of Buhari’s trip to press for immediate end to the colonisation of the territory.
According to him, “Article 20 (1) of the African Charter on Human and People’s Rights provides that the peoples of Africa shall have the unquestionable and inalienable right to self-determination and shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen”.
He contended that Nigeria is under a legal duty to support the struggle of the colonised people of Western Sahara for political independence from the Kingdom of Morocco.
The erudite lawyer noted in 1984, the defunct federal military government headed by General Muhammadu Buhari supported the legitimate demand of the people of Western Sahara to self-determination by ensuring that the Saharawi Arab Democratic Republic was admitted to the Organisation of African Unity (now African Union).
In protest against the admission, the senior lawyer explained that the Kingdom of Morocco, which continued to occupy the territory of Western Sahara, withdrew from the continental body.
The decision of Nigeria to champion the legitimate cause of the Saharawi people, Falana said, was informed by several resolutions of the United Nations General Assembly and the 1975 ruling of the International Court of Justice, which held that the Kingdom of Morocco does not encompass Western Sahara.
However, notwithstanding that the Kingdom of Morocco has not ended the illegal colonisation of Western Sahara, the African Union created a dangerous precedent last year when it admitted the coloniser as a member state of the body.
The Kingdom of Morocco has been disrupting meetings of some African Union (AU) committees by insisting that the accredited representatives of the Saharawi Arab Democratic Republic be prevented to participate in such meetings.
Lawyer and human rights activist, Femi Falana (SAN), spoke to Sunday Oguntola on the legality of the awards and declaration of June 12 as Democracy Day
HUMAN rights activist, Femi Falana (SAN), commended the Muhammadu Buhari-led administration for declaring June 12 as Democracy Day.
He said: “The conferment of the posthumous national award of Grand Commander of the Federal Republic (GCFR) on Chief M. K. O. Abiola, the acclaimed winner of June 12, 1993 Presidential Election for his huge contribution to the restoration of democratic rule in Nigeria is historic.
“By declaring June 12 Democracy Day, the federal government has officially validated the integrity of the fair and free election that was criminally annulled by the Ibrahim Babangida junta.
“By recognising June 12 as Democracy Day, the federal government has put an end to the hypocrisy of May 29, which was proclaimed by the Olusegun Obasanjo regime.
“By conferring the posthumous award of national award of Grand Commander of the Order of Niger (GCON), the federal government has officially endorsed his enormous contributions to the titanic battle against military dictatorship and promotion of human rights in Nigeria.
“In addition to the historic gesture, the federal government should proceed to adopt Abiola’s Programme of Welfare to Poverty and respect the human rights of all Nigerian people, which Chief Gani Fawehinmi (SAN) defended in his life time.
“In particular, the federal government should mark the first national Democracy Day on June 12, 2018 with the release of all citizens being detained illegally all over the country and immediate compliance with all valid and subsisting court orders.
On legality of the national honours, Falana said: “The Honourable Justice Alfa Belgore, a retired Chief Justice of Nigeria, was reported to have questioned the legality of the decision of President Buhari to confer posthumous awards on Chief M. K. O. Abiola and Chief Gani Fawehinmi (SAN).
“Curiously, his lordship did not refer to any section of the National Honours Act or any other law that has been violated by the President. In like manner, some persons have alleged that the June 12 holiday, declared by the President is illegal on the grounds that the approval of the National Assembly was not sought and obtained.
“With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive.
“No doubt, paragraph 2 of the Honours Warrant made pursuant to the National Honours Act provides that “a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose…”
“But paragraph 3 thereof has given the President the unqualified discretion “to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction.”
“Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person, the President may permit their family members to receive same on their behalf.
“Furthermore, section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof.
“It is crystal clear that the President is not required by law to seek and obtain the approval of the National Assembly before declaring a public holiday in the country.”
“In view of the combined effect of the National Honours Act and the Public Holidays Act, the legal validity of the well- deserved awards and the historic holiday has not been impugned in any manner whatsoever.”
Senior lawyers yesterday disagreed with a former Chief Justice of Nigeria (CJN), Alfa Belgore, that President Muhammadu Buhari broke the law by awarding Nigeria’s highest national honour to the late Chief Moshood Abiola and Chief Gani Fawehinmi (SAN).
Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), Professor of International Law at the University of Lagos, Prof. Akin Oyebode, rights activist Femi Falana and a former National Secretary of Labour Party, Kayode Ajulo, said the awards were in order.
President Buhari on Wednesday evening named Abiola, winner of 1993 presidential election that was annulled by former dictator Ibrahim Babangida, a holder of the Grand Commander of the Federal Republic (GCFR), 20 years after his death in 1998.
Gani Fawehinmi, a rights advocate and icon of the June 12 struggle, who died in 2009 aged 71, was also posthumously conferred with the Grand Commander of Nigeria (GCON), while Democracy Day would be celebrated on June 12, rather than May 29, to further honour Abiola’s memory.
But Justice Belgore, CJN from 2006 to 2007, told online newspaper Premium Times that the national honours could not be awarded posthumously.
According to him, under the 1964 National Honours Act, only soldiers or other servicemen could be awarded posthumous medals for their bravery.
Section 3 of the law states the requirements for awarding national honours to a Nigerian as follows:
“The President shall by notice in the Federal Gazette signify his intention of appointing a person to a particular rank of an Order.
“Subject to the next following paragraph of this article, a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose- the insignia appropriate for that rank; and an instrument under the hand of the President and the public seal of the Federation declaring him to be appointed to that rank.
“If in the case of any person it appears to the President expedient to dispense with the requirements of paragraph (2) of this article, he may direct that that person shall be appointed to the rank in question in such a manner as may be specified in the direction.”
But Sagay noted although he had not read the particular provision relied on by the ex CJN, he urged Nigerians to “look at the big picture.”
He said: “Was there injustice done on June 12? Yes, to both Nigerians and to Abiola, a very great injustice which almost destroyed this country. Is it therefore good that this injustice should be removed and justice done? The answer is yes. Has what Buhari done, not restored justice to the situation and poured balm into the hearts of those who were hurt? The answer is yes.
“So, why should we be looking for legal arguments to overturn justice that has been done? These are some of the things that I cannot understand about Nigerians.”
He implored critics to stop pouring “cold water on the happiness of the people on positive things that elevate this country. They want to pour cold water on it with very technical, narrow-minded and, I may even say evil arguments.
“Some people are even saying the awards were conferred with a political motive. Again, I ask, what is achieved by the conferment of the awards, is it a positive or negative thing? Is the act something to be happy about? Is it something that resolves a major problem and brings relief to the country? The answer is yes.
“So, what does it matter, even if there’s a political motive?
According to Sagay, the awards were “the right thing to do, it’s a big solution to a long-standing problem that has been festering. It brings relief and joy to the country. I think Buhari needs to be congratulated heartily and I so congratulate him.”
Oyebode observed that the conferment on the awards on Abiola and Gani were special cases. He cautioned Nigerians against trying to thwart that honour through legalism.
Oyebode said: “We should be clear that the awards are honorific in nature and should not be hamstrung by legal gymnastics. Agreed, awards are usually for the living but that Abiola case is a special one which should not be vitiated by crass legalism, more so as the enabling Act grants the President as the awarding authority a wide discretion on the matter.”
Falana, relying on the Act and Public Holidays Act, submitted that there was nothing illegal in what the President did.
Falana said: “With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive.
“No doubt, paragraph 2 of the Honours Warrant made pursuant to the National Honours Act provides that ‘a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose…’
“But paragraph 3 thereof has given the President the unqualified discretion “to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction.
“Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person the President may permit their family members to receive same on their behalf.
“Furthermore, Section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof.”
According to him, “It is crystal clear that the President is not required by law to seek and obtain the approval of the National Assembly before declaring a public holiday in the country.”
Falana argued that in view of the combined effect of the National Honours Act and the Public Holidays Act “the legal validity of the well deserved awards and the historic holiday has not been impugned in any manner whatsoever.”
Ajulo argued that “since S.3(3) of the Honours Warrant states that the procedure under S.3(2) may be dispensed only by the president where it becomes expedient, thus honouring MKO Abiola posthumous is dispensing with him having to collect his award in person under S.3(2) because its expedient for the president to do so under S.3(3) by reason of his death.
“In respect of this, it could be said that the act of the President to award the late MKO Abiola and late Chief Gani Fawehinmi is a laudable feat set to celebrate their struggles for the nation. And just like the National Anthem rightly puts; that the ‘labours of our heros past shall never be in vain.’ This the President has achieved.”
National Leader of the APC, Chief Bola Tinubu, has called on Mr Femi Falana (SAN) and veteran journalist, Mr Kunle Ajibade, to join hands with the party to move Nigeria forward.
In a birthday message to the duo, Tinubu described Falana and Ajibade as icons in their chosen fields, whose contributions would continue to mean much to the country.
The message was made available to our reporter on Monday in Lagos by Tinubu’s Media Officer, Mr Tunde Rahman.
NAN reports that Falana was born on May 20, 1958, while Ajibade was born on May 28, 1958.
““The month of May which in 1999 heralded the rebirth of democracy in Nigeria after almost 16 years of unbroken military interregnum, is also significant in one other respect.
“”It is the month of birth of many prominent Nigerians.
“”As both were united in their month of birth, there is also an unmistakable meeting point in their life trajectories.
“”Both fought against successive military regimes to facilitate the emergence of democracy in the country,” Tinubu noted.
`He said that Falana and Ajibade fought to ensure that Nigeria would be a citadel of social justice, rule of law and a better place for generations.
““There is no doubt that both Falana and Ajibade had impacted on Nigeria and Nigerians in the most profound ways.
““We thank them for their struggles and we thank them for their sacrifices but we are not yet in the Promised Land.
“”We enjoin the duo not to rest on their oars but join hands with us in the All Progressives Congress, led by President Muhammadu Buhari, to make Nigeria a better place,’’ Tinubu said.
According to him, Falana and Ajibade have continued to contribute to the enthronement of democracy, good governance and rule of law in the country.
““I say happy birthday to them and wish them long life, continued good health and renewed energy to continue to make invaluable contributions to our country.”
“He described the duo as close friends with whom he had interacted in the continuous struggle for enthronement of true democracy, good governance and rule of law.
“”Mr Falana is a lawyer, pro-democracy and human rights activist, who continues to employ the instrumentality of the law to correct the ills of the society.
“”His contributions to constitutionalism and jurisprudence know no bounds.
“”He takes briefs from the rich to empower him to fight injustice against the poor pro bono.
“”Ajibade is that astute journalist and celebrated author, who through his pen, fought against the military junta and was particularly a thorn in the flesh of the regime of the late Abacha.
“He authored two popular books – ‘Jailed for Life’ – his experience in prison for which he was clamped by the Abacha junta, and ‘What a Country’ – which speaks about the ills in the country,’’ Tinubu said.
ALL Progressives Congress (APC) stalwart Asiwaju Bola Ahmed Tinubu yesterday felicitated with Lagos lawyer Femi Falana and ace journalist Kunle Ajibade on their birthdays.
Tinubu, in a statement by his media aide Tunde Rahman, said there was no doubt that Falana and Ajibade had impacted Nigeria and Nigerians in the most profound ways.
While thanking them for their sacrifices, he said the country is not yet in the Promised Land.
“We enjoin the duo not to rest on their oars and to join hands with us in the All Progressives Congress, led by President Muhammadu Buhari, to make Nigeria a better place,” Tinubu said.
The statement reads: “The month of May, which in 1999 heralded the rebirth of democracy again in Nigeria after almost 16 years of unbroken military interregnum, is also significant in one other respect. It is the month of birth of many prominent Nigerians.
“But this statement is about just two of them, Messers Femi Falana and Kunle Ajibade, both of them icons in their chosen fields, the one an outstanding lawyer, the other exceptional journalist.
“Falana, born May 20, 1958, and Kunle Ajibade, born on May 28, 1958, recently turned 60. I say happy birthday to them and wish them long life, continued good health and renewed energy to continue to make invaluable contributions to our country.”
“Both are close friends and associates, with whom I have interacted in our continuous struggle for the enthronement of true democracy, good governance and rule of law.
“Mr. Falana is a lawyer, pro-democracy and human rights activist, who over time employed and continues to employ the instrumentality of the law to correct the ills of the society.
“His contributions to constitutionalism and jurisprudence know no bounds. He takes briefs from the rich to empower him to fight the injustices against the poor pro bono. Like his late mentor and comrade, Chief Gani Fawehinmi, Falana is an advocate of the people, of the masses.
Ajibade is that astute journalist and celebrated author, who through his pen, fought against the military junta and was particularly a thorn in the flesh of the late Abacha regime.
“He authored two popular books ‘Jailed for Life,’ his experience in prison to which he was clamped by the Abacha junta, and ‘What a Country,’ which speaks about the ills in the country.”
It added: “As both were united in their month of birth, there is also an unmistakable meeting-point in their life trajectories. Both fought against successive military regimes to facilitate the emergence of democracy in the land and a country laden with respect for human rights.
“They fought to ensure Nigeria is a citadel of social justice and rule of law and generally a better place for the present generation and generations yet unborn.
“There is no doubt that both Falana and Ajibade had impacted Nigeria and Nigerians in the most profound ways.
“We thank them for their struggles. We thank them for their sacrifices. But we are not yet in the Promised Land. We enjoin the duo not to rest on their oars and to join hands with us in the All Progressives Congress, led by President Muhammadu Buhari, to make Nigeria a better place.”
A Senior Advocate of Nigeria and human rights activist, Mr. Femi Falana, yesterday thanked President Muhammadu Buhari for his birthday wishes and prayers as he turned 60 on May 20.
Falana expressed the appreciation in a message he copied to the News Agency of Nigeria (NAN) in Lagos.
He said he was humbled by the love shown to him by Buhari on his birthday.
Falana, however, requested release of Nigerians detained “illegally” across the country, as a special birthday gift from the Federal Government.
“I thank President Muhammadu Buhari for his wishes and prayers for me, but the birthday gift which I humbly ask from the Federal Government is more commitment to respect for human rights and rule of law.
“In particular, all Nigerian citizens, who are being detained illegally in the country should be freed without any further delay,” he said.
Buhari had on Saturday, in a statement signed by his Special Adviser on Media and Publicity, Mr. Femi Adesina, hailed Falana’s sense of patriotism over the years.
The President prayed that God would grant the human rights campaigner longer life, good health and more wisdom to keep serving the country.
In this article, Lagos lawyer and law teacher Wahab Shittu eulogises Femi Falana on his 60th birthday
Wahab Shittu
It is not an easy task paying tribute to Femi ‘Authority’ Falana SAN who clocked 60 recently with encomiums and accolades everywhere, including the rare one from the President of the Federal Republic of Nigeria, President Muhammadu Buhari who commended ‘’…Falana’s sense of patriotism over the years as well as “his antecedents which the president described as “…most exemplary and commendable in advocating for a better life for the poor and underprivileged”.
I will say it is not easy commenting on the persona called Femi Falana (SAN) because of the dilemma of deciding which aspect of this extraordinary Nigerian to focus on in such commentary. Many will prefer to focus on his activities as a lawyer as well as a human rights crusader consistently for several decades in company of such greats as the late Chief Gani Fawehinmi (SAN), the late Dr. Beko Ransome Kuti, Nobel Laureate Professor Wole Soyinka and many others in that category who were and have been relentless in their crusade for the enthronement of good governance, rights protection and enhancement of the living standards of our people. In this category of assessment, Falana (SAN) ranks very high on account of his accomplishments. This is, however, one aspect of Femi Falana (SAN). There is the other aspect of Falana as a consummate strategist that no one can ignore. Indeed, his rating on this score is so high that if you are to contend in any battle against Falana you are better warned to be fully prepared for this is a soldier in battle difficult to confront or dislodge in any encounter, whether within or outside the courtroom.
Thirdly, there is also another aspect of Falana (SAN) as a vociferous protester against all manner of injustice. Indeed, he is such a one-man riot squad that his singular crusade on any matter at all is sufficient to draw the attention of the authorities to take notice and implement. Falana (SAN) also has incredible capacity to build, cultivate, retain and nourish relationships across board. He is a friend to human rights and democracy crusaders, friend to the ivory tower including established academia of various orientation, friend to labour movements, friend to the poor and underprivileged, friend to those in privileged circles, friend to those within and outside government and all these relationships, Falana (SAN) nurture without betraying his principles. In nurturing such relationships, the surprise element is that Falana is always very careful to uphold ethics and the highest professional standards.What of Falana’s strength of advocacy in the courtroom? Oh my God! Falana (SAN) is such a delight to watch in the courtroom with capacity to make very serious points even while putting up regular smiles in a manner that will leave opposing counsel sometimes seriously perplexed. Learned silk argues clearly, masterfully, logically and with clear focus. As counsel in the proceedings, he is very fierce yet friendly and willing to make concessions in the best and finest tradition of the bar. I recalled that it was this trait that attracted him to me many years ago and we have since retained such senior friend/junior friend relationship ever since. I had wondered at the time, how can a counsel be so gifted and yet so friendly?
Falana (SAN) is also an uncommon patriot who is obsessed with the theory of development and he never abandons his friends within and outside government. Arakunrin Oluwarotimi Akeredolu SAN in a recent tribute to him wrote:
‘…we are gladdened that you stand out, proudly, among genuine patriots and true lovers of our country. That you remain a consistent and relentless advocate of the downtrodden is a fact through which we derive immense pride in our association with you…your prodigious talent has enriched our jurisprudence. Your seminal interventions at crucial moments continue to resolve the socio-political conundrums thrown up by the very logic of socio-economic interaction in a transitional society. You are indeed a priceless gift.”
What a testimonial!
Many may not be aware of the monumental contributions of Femi ‘Authority’ Falana (SAN) to the anti-corruption crusade in our country. Perhaps it is a story for another day how Falana influenced the choice and emergence of Mallam Nuhu Ribadu, the anticorruption czar in our country and how his activities directly or indirectly encouraged the emergence of the latest anti-corruption sensation in our country, Ibrahim Mustapha Magu. Femi Falana SAN consistently makes his services available to support the anticorruption crusade and movements in our country. On a personal level, Femi Falana SAN it was who introduced this writer to the prosecutorial assignment in EFCC since inception and for this, I remain eternally grateful to this extraordinary Nigerian. His expectation is that I and many others in that category do not betray the sacred trust. I remember that constantly in addition primarily to the reputation of my background.
What of Falana as a humanist? Femi Falana is ingeniously humane and willing to deploy his talents always in the service of the common good. Abraham may have had elements like Falana (SAN) when he wrote:
“The worthiness of life is deep rooted in sacrifice to mankind. If one dies in the process, he becomes a martyr.”
Femi Falana by his activities is definitely on a journey to martyrdom.
The celebrant is also a very passionate family man who has raised with his wife, Funmi Falana very successful children among which is Folarin Falana, the popular artist known as Falz.
In the past, I commented about Falana (SAN) as follows:
“It is said that there is time to labour and there is time for harvest. Anybody familiar with Femi Falana (SAN) and his delectable wife, Funmi Falana would agree that this is one unique couple who have come a long way together and certainly have paid their dues…”
Who is this Falana (SAN)?
Femi Falana was born at Ilawe, Ekiti State on May 20, 1958. He studied Law at the University of Ife (now Obafemi Awolowo University) and the Nigerian Law School. Since he was called to the bar in July 1982, he has been in active legal practice majoring in human rights and international humanitarian law. Through public interest litigation Mr. Falana has contributed to the promotion of human rights, defence of the rule of law and the expansion of the democratic space in Africa.
Following the suspension of human rights provisions in the Constitution by successive military regimes Mr. Falana convinced Nigerian courts to uphold the human rights guaranteed by the African Charter on Human and Peoples Rights. He equally championed the campaign which led to the expansion of the mandate of the Community Court of Justice to enforce the human rights Community citizens in West Africa. Apart from his regular appearances in Nigerian courts Mr. Falana has represented victims of human rights abuse at the African Commission on Human and Peoples’ Rights, in Banjul, The Gambia; Community Court of Justice, in Abuja, Nigeria; Special Court for Sierra Leone, in Freetown, Sierra Leone and African Court on Human and Peoples’ Rights, in Arusha, Tanzania.
Through the instrumentality of the law Mr. Falana’s law firm has secured the release of hundreds of illegally detained persons and ensured the reinstatement of many dismissed students and staff of tertiary institutions. He has also got reprieve for scores of soldiers who were charged, convicted and sentenced to death by military courts. The law firm successfully stopped the execution of the 12 kids who were convicted for armed robbery by a military tribunal in Lagos in 1989; the take-over of the Nigerian Bar Association by the military junta; the proscription of the Academic Staff Union of Universities (ASUU) and the criminalization of strikes by teachers; the arrest and detention of family members in lieu of wanted criminal suspects and the indefinite suspension of legislators from legislative houses.
Aside the promotion of political and civil rights Mr. Falana’s law has ensured the recognition and protection of the socio-economic rights of the people by local and international tribunals. Thus, the courts have upheld the right of Nigerians to protest without police permit, the right of police women to marry without permit, the right of every Nigerian child to free and compulsory basic education, the right of undergraduates to education loan, the right of underprivileged citizens to access loans for business without collateral, the right of citizens to protection and security of life and the right of the people of the oil producing communities in the Niger Delta region to a safe and healthy environment.
Mr. Falana has consistently campaigned for the enactment of welfare laws to cater for the majority of poor and disadvantaged citizens. On account of his human rights activities he was arrested and detained in police and prison custody on several occasions by the former military dictators. He was charged with criminal offences including unlawful assembly, incitement, sedition and treasonable felony but was never convicted by any court. As a youth corps lawyer, Mr. Falana successfully defended some student activists who were charged with attempted murder by the police. The authorities seized his National Youth Discharge Certificate for 18 years for embarrassing the federal government
However, he has been honoured for his consistent defence of human rights and rule of law. He is one of the 4 lawyers in Africa who have been conferred with the prestigious Bernard Simons Human Rights Award by the International Bar Association. His many other awards include the American Bar Association International Human Rights Award (1986); the Defender of the Year Award from the International League for Human Rights, New York (2000); Kwame Nkrumah Leadership Award, Ghana (2003); Knight Outstanding Leadership by the Commonwealth of Massachusetts State, Senate, House of Representatives and Boston Council, United States (1998); Knight of Freedom Award by the Legal Aid Council of Nigeria (2009); Gani Fawehinmi Life Time Award on Human Rights from the Hallmark of Labour Foundation, Nigeria (2011); Promoter of Human Rights Jurispudence in Africa by the National Human Rights Commission (2015).
Apart from his stints as a member of the National Executive Committee of the Nigerian Bar Association and General Bar Council Mr. Falana was the President, Committee for the Defence of Human Rights (1996-1998); Secretary-General, African Bar Association (2000-2002) and President, West African Bar Association (2004-2009). Mr. Falana is a Senior Advocate of Nigeria, Fellow of the Institute of Chartered Arbitrators of Nigeria and Institute of Chartered Public Administrators of Nigeria, member of the Nigerian Bar Association, International Bar Association, Pan African Lawyers Union and West African Bar Association.
Mr. Falana is a regular commentator on public affairs and the Editor-in-Chief, Weekly Report of Nigeria. He is a member of the Editorial Board of Thisday Newspaper; the Network for the Defence of Journalists in West Africa and the International Centre for Investigative Journalism and Justice Research Institute. He is also a member of the African Group on Justice and Accountability. Mr. Falana has a long list of publications including Fundamental Rights Enforcement in Nigeria (2004); Fundamental Rights Enforcement (second edition, 2010); ECOWAS Court: Law and Practice (2010) and Nigerian Law on Socio-Economic Rights in Nigeria (2015).
As I sum up this tribute, one question keeps nagging my mind about this extraordinary Nigerian and I hope one day he will provide an answer. The question is, learned silk from where do you derive the boundless energy with which you crusade all these myriads of activities and traverse everywhere? Before you answer, let me make a guess, I say it can only be God and God alone.
As Femi ‘Authority’ Falana SAN clocks 60, my expectation is that he will continue on the path of righteousness and crusade for the common good for which he has acquired unprecedented reputation and for which in my view, he will always be appreciated as the celebrant etches his name in letters of gold.
Congratulations Femi ‘Authority’ Falana SAN, My senior brother, my senior friend and a patriot extraordinaire!
President Muham-madu Buhari yesterday saluted erudite lawyer and human rights activist, Femi Falana (SAN) on his 60th birthday.
Buhari, in a statement by his Special Adviser on Media and Publicity, Femi Adesina, joined family members, friends and professional colleagues of the cerebral lawyer in celebrating the milestone.
The president noted with delight that Falana’s career as a lawyer had been marked with honours and awards for forthrightness and advocacy for the good of every Nigerian.
He therefore commended his sense of patriotism over the years, and his advisory roles to leaders, institutions and governments, especially on the value of good governance.
The President believed that Falana’s antecedents had been most exemplary and commendable in advocating for a better life for the poor and underprivileged.
He prayed that the Almighty God would grant the human rights lawyer longer life, good health and more wisdom to keep serving the country.
