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Tag: Falana

  • Falana: time to end Senate’s impunity

    Falana: time to end Senate’s impunity

    Citing constitutional provisions, Lagos lawyer Femi Falana said the Red Chamber erred for demanding Magu’s sack by the President.

    He said the Senate, relying on the powers conferred on it under Section 3 (2) of the EFCC Act, 2004, refused to confirm Magu’s appointment as the agency’s substantive chairman.

    According to Falana, the time to end impunity in the Senate was now, referring to Ndume’s suspension and Sagay’s invitation.

    His words: “The decision of the President cannot be faulted by virtue of section 171 (1) (d)  of the Constitution which provides that the President is vested with the power to appoint the head of any extra ministerial department to hold office in an acting capacity. Such appointment does not require the confirmation of the Senate.

    “Completely aggrieved by the decision of the President to exercise his constitutional powers in the circumstance the Senate has decided not to confirm the 27 newly appointed Resident Electoral Commissioners  until Mr. Magu has been removed from office as EFCC Chairman. In asking for the removal of Mr. Magu the Senate said that the anti graft czar has been terrorising the Senate. Should the Senate resort to such cheap blackmail because the embattled EFCC helmsman has tefused to compromise the  prosecution and investigation of about 15 senators alleged to have been involved in serious economic and financial crimes? Why should the Senate President, Dr. Bukola Saraki not be terrorised for the criminal diversion of N3.5 billion from the London/Paris Club loan refund?

    “Before now, sharp disagreements between the National Assembly and the executive had been submitted  to the courts for judicial resolution in line with the rule of law. At the twilight of the Goodluck Jonathan administration, the Attorney-General of the Federation challenged the purported amendment of the Constitution at the Supreme Court. Based on the interlocutory injunction granted by the Supreme Court, the National Assembly suspended further deliberations on the amendment of the Constitution. Instead of following the path of rule of law and constitutionalism, the Senate has completely thrown caution to the winds.

    “In the atmosphere of impunity which has enveloped the Senate, the chairman of the Presidential Advisory Council on Corruption, Prof Itse Sagay, has been ordered to appear before the Senate for having the temerity to criticise the  senators. In El Rufai v House of Representatives (2003) 46 WRN 12, the Court of Appeal held that the respondent lacked the power to summon the appellant over a defamatory statement made by him.

    “The purported suspension of Senator Ali Ndume is the height of the serial illegality. In Hon. Dino Melaye v House of Representatives (unreported), the Federal High Court declared the indefinite suspension illegal and unconstitutional on the ground that a legislator could not be suspended for more than 14 days. But in the House of Assembly v Hon Danna, the Court of Appeal held that a legislative house is not competent to suspend a member even for a single day as it is a violation of the democratic rights of members of his/her constituency.

    “In view of the settled state of the law as expantiated upon in the aforementioned cases, the Senate is advised to reverse its illegal decisions and quickly return to the path of constitutionalism in the interest of lasting democracy in the country. However, if the Senate remains intransigent, the Executive branch of the government should adopt decisive measures to terminate the rein of impunity in the National Assembly. ”

  • Why Ile-Ife 20, others have right to sue Fed Govt, by Falana

    Why Ile-Ife 20, others have right to sue Fed Govt, by Falana

    Lagos lawyer and Senior Advocate of Nigeria (SAN) Femi Falana, in this piece, faults police’s practice of parading suspects. Falana adds that the detained members of the Peace Corps of Nigeria and the Ile-Ife 20 have the right to sue the Federal Government for aggravated and exemplary damages

    On February 26 this year, the police conducted a media trial and parade of the detained 49 members of the Peace Corps of Nigeria. In condemning the uncouth action of the Police, I pointed out that “the parade of criminal suspects by the Police in the country is illegal and unconstitutional.”

    Shortly thereafter, there was a violent clash between the Yoruba and Hausa communities in Ile Ife, Osun State. The 20 suspects arrested by the police were paraded before the media in Abuja last week. Since the suspects are of Yoruba extraction, the Afenifere has condemned the selective arrest by the police.

    Although the courts have repeatedly cautioned the law enforcement agencies to desist from parading criminal suspects before the media, the Inspector-General of Police, Mr. Ibrahim Idris has justified the illegal practice. It was a defence which smacks of official impunity and insensitivity. Notwithstanding that such media parade is prejudicial to the fundamental right of criminal suspects to fair hearing, the ruling class has not stopped it because it is part of the humiliation of lowly placed citizens. Hence, while it is not unusual to parade poor criminal suspects who are accused of stealing handsets whose value is less than N10,000, it is infra dignitate to parade rich and powerful criminal suspects who loot the treasury to the tune of several billions of Naira. However, in view of the controversy arising from the media parade of the 20 murder suspects in Abuja last week, it has become necessary to examine the legal implications of the practice.

     

    Right of suspects to

    Presumption of innocence

     

    When the EFCC made the first arrest of some 419 kingpins in 2002, it was reported that they were going to be paraded in line with the usual but highly prejudicial practice of the Police. I immediately drew the attention of the then EFCC boss, Mr. Nuhu Ribadu to a judgment of the Lagos High Court on the illegality of the exercise. The move was shelved and since then the EFCC has not indulged in the parade of suspects in press conferences before arraignment in court.  But all efforts of the human rights community to prevail on other law enforcement agencies to stop the parade and media trial of criminal suspects have failed.

    In spite of the presumption of innocence, which inures in favour of criminal suspects by virtue of Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights Act, the Nigeria Police Force and other law enforcement agencies in Nigeria have continued to expose accused persons to media trial before arraigning them in courts. Thus, the practice of subjecting suspects to media trial and parade before arraignment in a criminal court is an infringement of their fundamental rights to fair hearing and dignity. To compound the human rights abuse, the suspects are subjected to “cross examination” by law enforcement officials at crowded press conferences.

    As if that is not enough, media personnel are given the liberty to interview and interrogate the suspects with a view to confirming their involvement in the criminal offences alleged against them. In the process, the suspects are compelled to make incriminating statements which are prejudicial in every material particular. However, since ours is a class society, such humiliating treatment of criminal suspects is limited to the flotsam and the jetsam. Hence, ex-governors, ministers, permanent secretaries, military and other Very Important Personalities who are arrested and briefly detained by the police and the anti-graft agencies are not exposed to media parade or any form of humiliation. On a few occasions that important personalities have been exposed to public odium by law enforcement officials, the neo-colonial state has paid dearly for it.

     

    Media parade of Fela

    Anikulapo-kuti in handcuffs

     

    On January 14, 1997, the late Fela Anikulapo-Kuti was arrested by officials of the National Drug Law Enforcement Agency for being in possession of alleged narcotic substances. Convinced that the agency had caught a big fish, the then chairman of the NDLEA, the late Major-General Musa Bamaiyi, addressed a press conference wherein he paraded Fela in handcuffs. After the media parade, the famous musician slammed a N100 million suit against the NDLEA for violating his fundamental rights to fair hearing, personal liberty and human dignity. As Fela’s parade in handcuffs could not be justified in law, the Federal High Court ordered his unconditional release from further detention.

    Before the suspect’s arraignment at the Miscellaneous Offences Tribunal, he had characteristically played a fast one on the NDLEA.  At the end of his marathon interrogation, he signed the charge sheet but cleverly added “in chains”. In opposing the Fela’s application for bail at the Tribunal, the NDLEA counsel referred the trial judge to his “written confessional statement”. In my short submission on behalf of the defendant, I urged the court to discountenance the statement as it was obtained “in chains” or under duress. Having publicly paraded the suspect in handcuffs, the prosecutor could not challenge my submission.

    As the charge could not be proved on the basis of a discredited “confessional statement”, the NDLEA was compelled to approach the defence for an amicable resolution of the criminal case. To the embarrassment of the military junta, the NDLEA offered to discontinue the criminal charge and pleaded with Fela to withdraw his civil suit pending at the Federal High Court. When I asked Fela if the proposal was acceptable to him, he said, “Na good deal as Bamaiyi don beg me”. As soon as Fela’s decision was communicated to the NDLEA, the charge was withdrawn and struck out by the Tribunal. Thereafter, Fela’s civil case was equally withdrawn. Notwithstanding the incident, the NDLEA and other law enforcement agencies have continued to engage in the media trial and parade of criminal suspects.

     

    Judicial condemnation of media

    parade of criminal suspects

     

    In several decisions, the courts have repeatedly condemned the illegal practice of parading criminal suspects. In Ndukwem Chiziri Nice v. AG, Federation & Anor. (2007) CHR 218 at 232, Justice Banjoko held that “The act of parading him (the suspect) before the press as evidenced by the Exhibits annexed to the affidavit was uncalled for and a callous disregard for his person. He was shown up to the public the next day of his arrest even without any investigation conducted in the matter. He was already prejudged by the police who are incompetent, so to have such function, it is the duty of the court to pass a verdict of guilt and this constitutes a clear breach of section 36(4) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 on the doctrine of fair hearing.”

    Similarly, in Dyot Bayi & 14 Ors. V. Federal Republic of Nigeria (2004-2009) CCJLER 245 at 265 the Community Court of Justice, ECOWAS Court condemned the media trial of the applicants when it held that: “The Court is of the opinion that for the fact that the Defendants presented the Applicants before the press when no judge or court has found them guilty, certainly constitute a violation of the principle of presumption of innocence such as provided in Article 7(b) of the same African Charter and not a violation in the sense of Article 5 of the said Charter.” The Court proceeded to award damages of $42,750.00 to each of the 10 applicants and the $10,000.00 as costs payable by the Federal Government for the illegal actions of the naval personnel who carried out the illegal parade of the applicants.

    However, the parade of criminal suspects was carried to a ridiculous extent during the shoddy investigation of the barbaric assassination of Olaitan Oyerinde, former Principal Secretary of the erstwhile governor of Edo State, Comrade Adams Oshiommole which occurred in Benin on January 24, 2013. While the Edo State Police Command paraded the alleged assassins, including a human rights activist in Benin, the State Security Service paraded the alleged armed robbers who killed the deceased in Abuja. A former Chief Judge of the Federal Capital Territory, Justice Lawal Gunmi described the shameful episode as “a bewildering case of one murder, two government agencies and two different culprits. The police and the State Security Service, the two security agencies investigating the murder, paraded two different sets of suspects, a development that has set off speculation that the investigation into the murder was most likely bungled.”

     

    Extra judicial execution

    of suspects after media parade

     

    After the media parade and trial of armed robbery and kidnap suspects, they are extra-judicially killed by unauthorised executioners under the pretext that they are trying to escape from police custody. Among the several cases recently handled by our law office on the illegal parade of criminal suspects two of them stand out on account of the degree of bestial brutality displayed by the police. In  Isaac Edoh v. Edo State Commissioner of Police, (Unreported Suit No:B/460m/2011), the applicant’s son who was an undergraduate of the Othman Dan Fodio University was arrested by the police and paraded before the media in Benin, Edo State where he was accused of involvement in kidnapping. When the applicant, a senior customs’ officer visited the police station to secure his bail, the police denied ever arresting his son.

    In his reaction to the denial by the police, the applicant filed a suit at the High Court, Edo State. In the suit, the applicant challenged the illegal killing of his son and sought damages of N100 million. As the police maintained that the applicant’s son was never arrested, we summoned the Channels Television to produce the video tape of the press conference where the deceased was paraded. When the tape was produced and played in the court, the applicant identified his son. At that stage, the shallow defence of the Police collapsed like a pack of cards. Upon coming to the conclusion that the applicant’s son must have been killed extra judicially in custody, the court declared the killing illegal and awarded the sum of N15 million damages to the applicant.

    In Mr. Abudu v. Nigeria Police Force (unreported Suit No: M/13/2011) the applicant, an electrician, alleged that his wife, who was a factory worker at Sagamu, Ogun State was shot dead by the police on December 12, 2008. In justifying the killing, the police claimed that the deceased was the head of a robbery gang that had robbed the Sagamu Branch of the First Bank Plc. Her corpse which was decked with charms and a pistol by the police was paraded before the media. In rejecting the misleading evidence of the police, the trial judge condemned the iniquitous killing of the deceased and the parade of the corpse. The court proceeded to award the sum of N5 million as reparation to the applicant.

     

    Conclusion

     

    Apart from violating the fundamental right of criminal suspects to fair hearing, the Federal Government has had to pay huge monetary damages to victims of media parade and trial conducted from time to time by law enforcement agencies in the country. To stop the illegal practice, we are compelled to call on the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), to order the arrest and prosecution of law enforcement personnel who engage in the media parade, trial and extrajudicial killing of criminal suspects in custody.

    Since the report of the media trial and parade of criminal suspects, including the publication of their photographs is libelous in every material particular, the publishers and owners of media organisations are advised to stop colluding with law enforcement personnel in the crude violation of human rights. In view of the constitutional protection of the fundamental right of all citizens to presumption of innocence, we call on any criminal suspect, who is paraded by any law enforcement body, to seek redress in a court of law. In this regard, the detained members of the Peace Corps of Nigeria and the Ile-Ife 20 who have been paraded by the Police Authorities are advised to sue the Federal Government in the Federal High Court for aggravated and exemplary damages.

  • Falana seeks trial of those indicted in N522b loan refund

    Falana seeks trial of those indicted in N522b loan refund

    Lagos lawyer Femi Falana yesterday urged the Economic and Financial Crimes Commission (EFCC) to recover the N19 billion allegedly diverted from the N522 billion London/Paris loan refund paid to the 36 states and the 774 local government areas.

    The Senior Advocate of Nigeria (SAN) said the anti-graft agency should, as a matter of urgency, take all indicted suspects to court.

    There was a report at the weekend that N3.5 billion of the stolen funds was allegedly traced to the Senate President Bukola Saraki and his associates.

    But Saraki, through his media aide Yusuf Olaniyonu, debunked the link and described the claim as “mudslinging” by the EFCC.

    In a statement issued in Lagos yesterday, Falana said: “Since the investigation of the monumental fraud had been concluded before the recent rejection of Mr. Magu as EFCC chairman by the Senate, the resort to vulgar abuse by the Senate president is diversionary and escapist.

    ”In any case, whether it is mudslinging or not, Dr. Saraki has not denied the fact that the N3.5 billion traced to him forms part of the N19 billion located in 15 frozen bank accounts.”

    Falana described the alleged diversion of N19 billion of the refund through the account of the Nigeria Governors’ Forum (NGF) as the height of impunity as there is no statutory nexus between the friendly club of governors and the Federation Account.

    The statement reads: “Happily, the accounts warehousing the said sum of N19 billion in some banks have since been frozen by the EFCC.

    “In a country where workers are owed arrears   of salaries and pensioners are not paid their gratuity and pension, it is immoral and criminal to corner bailout funds and loan refund earmarked by the Federal Government for payment of outstanding entitlements of serving and retired employees.

    “Now is the time to call off the bluff of a few public officers who have sworn to frustrate the war against corruption being waged by the Muhammadu Buhari administration.”

    The activist-lawyer noted that despite the official pressure and blackmail mounted by those he described as a clique of power mongers on the EFCC, “it is commendable that that the anti-graft agency was able to conduct a detailed investigation into the looting of the N522 billion London/Paris Loan Refund”.

  • Falana seeks justice for Amnesty staff

    Lawyer and activist, Femi Falana (SAN) has asked President Muhammadu Buhari to ensure that justice is done in respect of the recent protest against Amnesty International staff in Abuja.

    He requested that President Buhari should order the Inspector-General of Police (IGP) Ibrahim Kpotun Idris to fish out those behind the protest and  bring them to justice.

    Falana also urged the President to order the IGP to remove protesters from the Amnesty International office in Abuja and allow the organization to carry out its human rights work in a conducive environment.

    In a letter written to the President, he said it was imperative for government to publicly condemn acts of intimidation and reprisals against AI and other civil society groups.

    He therefore advised the President  to institute an independent investigation into all allegations of human rights violations and abuses allegedly committed by the military in the context of the fight against Boko Haram in the North-East of the country.

    The activist asked the President to use his office and leadership position to direct the IGP to end the invasion of Amnesty International Office in Abuja, and the harassment of the organization’s staff.

    The letter stated in part: I note that Amnesty International (AI) is a well-known international NGO and among other NGOs operating legally in the country. I recall that upon your election as President you met with the leadership of Al and promised among other things to look into the allegations of serious human rights violations and abuses allegedly committed by the military as contained in the reports published by the organization.

    “I am seriously concerned that the police would allow some apparently hired protesters to invade the AI office in Abuja in broad daylight and subject its staff members to intimidation and harassment. These intruders have impeded the work of the organization and threatened the safety and security of its members of staff who are all Nigerian citizens.

    “ Amnesty International should not be harassed and stigmatised simply for exposing the human rights violations and abuses by the military in the North-East of the country. To allow that to happen is to endanger and undermine the work of not only AI but also other civil society groups in the country. This will in turn create a climate of fear and send an intimidating message to the human rights movement in particular and the entire country in general.

  • Ile-Ife crisis: Falana, OPC flay Police over parade of suspects

    Ile-Ife crisis: Falana, OPC flay Police over parade of suspects

    Activist-lawyer Femi Falana (SAN) and Oodua Peoples’ Congress (OPC) (Reformed) have berated the Police over the recent parade of the detained members of the Peace Corps of Nigeria and the 20 persons arrested in connection with the crisis in Ile-Ife, Osun State.

    They described the parade of the suspects as illegal and a violation of their fundamental human rights.

    Falana asked the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) to order the arrest and prosecution of law enforcement personnel who engaged in the media parade of the suspects.

    The OPC Reformed chided the governors in the Southwest for keeping silent over what it termed selective parade of the Yoruba.

    Falana said the detained members of the Peace Corps and the Ile Ife 20 who have been paraded by the Police Authorities are at liberty to sue the Federal Government for aggravated and exemplary damages.

    He recalled that when the police on February 26 conducted a media trial and parade of the detained 49 members of the Peace Corps of Nigeria, he condemned their action and pointed out the fact that “the parade of criminal suspects by the Police in the country is illegal and unconstitutional.”

    The lawyer also recalled that shortly after the incident, there was a violent clash between the Yoruba and Hausa communities in Ile Ife, Osun State during which 20 suspects arrested by the police were paraded before the media in Abuja last week, noting that since the suspects are of Yoruba extraction the Afenifere has condemned the selective arrest by the police.

    He noted that though the courts have repeatedly cautioned the law enforcement agencies to desist from parading criminal suspects before the media, the Inspector-General of Police, Mr. Ibrahim Idris has justified the illegal practice.

    Falana, however, described the IGP’s defence as that “which smacks of official impunity and insensitivity. Notwithstanding that such media parade is prejudicial to the fundamental right of criminal suspects to fair hearing, the ruling class has not stopped it because it is part of the humiliation of lowly placed citizens. Hence, while it is not unusual to parade poor criminal suspects who are accused of stealing handsets whose value is less than N10,000 it is infra dignitate to parade rich and powerful criminal suspects who loot the treasury to the tune of several billions of Naira”.

    The OPC Reformed, in a statement  by its President, Dare Adesope said the group will stage a massive protest through out the entire Southwest states and it’s going to commence on same day, same time and for same hours, if the Southwest governors fail to do something about the incident urgently.

    “After waiting for this long without any governor in the Southwest saying anything, we found it very compelling to tell our governors in the western part of this country that we  are saying enough of this nefarious acts across the country by the Hausa/Fulanis.

    “We of OPC ( Reformed) voted for PMB inspite of threats, oppression and intimidation from some angles. We voted him so as to bring about a positive change to the whole country and not to run a government that will favour a particular tribe at the expense of other tribes in the country.

    “In as much as we appreciate what he is doing in the area of corruption, he should be fair to all other tribes as well.

    The group challenged President Muhammadu Buhari to make his stand known concerning Ile Ife crisis where Yoruba were arrested to favour the Hausa/Fulani and taken to Abuja.

    It raised four issues for which it requested the Federal Government to provide answer :

    “Since the Fulani Herdsmen have been encroaching people’s land killing, rapping and destroying their farms, how many have been arrested and taken to Abuja? Who identified the Yoruba people that were arrested as suspects during the crisis?

    “Is it fair to arrest only the Yorubas in a crisis that affected the Yoruba and the Hausa/Fulanis on our soil?. Is it constitutionally right to arrest them in Ife,Osun State and take them to Abuja?”

    They asked the Federal Government to instruct the Police to transfer the suspects back to Osun State.

  • Falana to EFCC: Prosecute people that diverted Paris Club refund

    Lagos lawyer, Femi Falana (SAN), on Monday urged the Economic and Financial Crimes Commission (EFCC) to recover about N19 billion diverted from the N522 billion London/Paris Club loan refund paid to the 36 states and local 774 governments in the country.

    He said all the indicted suspects should be charged to court without any further delay.

    Out of the fund, about N3.5 billion had been traced to the Senate President, Bukola Saraki and his close associates.

    Although, Saraki has described his indictment by EFCC as “mudslinging,” Falana in a statement issued in Lagos said “since the investigation of the monumental fraud had been concluded before the recent rejection of Ibrahim Magu as EFCC chairman by the senate, the resort to vulgar abuse by the Senate president is diversionary and escapist.

    “In any case whether it is mudslinging or not Saraki has not denied the fact that the N3.5 billion traced to him forms part of the N19 billion located in 15 frozen bank accounts. “

    He described the alleged criminal diversion of N19 billion out of the loan refund through the account of the Nigeria Governors’ Forum (NGF) as the height of impunity as there is no statutory nexus between the friendly club of state governors and the Federation Account.

    “Happily, the accounts warehousing the N19 billion in some banks have since been frozen by the EFCC.

    “In a country where workers are owed arrears   of salaries and pensioners are not paid their gratuity and pension it is immoral and criminal to corner bailout funds and loan refund earmarked by the Federal Government for payment of outstanding entitlements of serving and retired employees,” the lawyer noted.

    He said this is the time to call the bluff of few public officers who have sworn to frustrate the anti- corruption campaign of the present administration.

  • Xenophobia: Falana threatens legal action against South Africa

    Lagos lawyer, Femi Falana (SAN), on Thursday asked President Jacob Zuma of South Africa to identify suspected perpetrators of xenophobic attacks on Nigerians and other Africans living in that country for prosecution.

    The request is contained in a letter he wrote to President Zuma titled: “Request to identify perpetrators of xenophobic attacks against Nigerians, bring them to justice and provide adequate compensation to victims.”

    Falana also asked the South African leader to promote and ensure access to justice and the right to effective remedy and reparations to victims.

    The lawyer said he would sue the South African government if it fails to stop the xenophobic attacks as requested.

    He said, “Take notice that if the xenophobic attacks continue unabated we shall be compelled to drag your government to the African Commission on Human and Peoples’ Rights for appropriate legal redress.

    “Since 2008, the xenophobic violence and other criminal acts have continued to occur across South Africa claiming lives, displacing tens of thousands of people and leaving countless victims injured and robbing them of their property.

    “Although some arrests have reportedly been made, many perpetrators are yet to be brought to justice while the victims continue to be denied access to justice and their internationally recognized right to an effective remedy and reparations.

    “We believe that it is the failure of your government to bring perpetrators to justice and protect the victims of the xenophobic attacks that has resulted in a vicious cycle of attacks and impunity.

    ” These xenophobic attacks and violence are not only human rights violations but also criminal acts, and the persistent failure to proactively address the problems is a serious affront to the rule of law, and directly breaches your government’s international human rights obligations including under the African Charter on Human and Peoples’ Rights, particularly Article 12 on the right to movement.”

     

     

  • Parade of Peace Corps boss, 49 others illegal- Falana

    Parade of Peace Corps boss, 49 others illegal- Falana

    Lagos lawyer Femi Falana SAN yesterday described the arrest, detention and parade of National Commandant of the Peace Corps of Nigeria (PCN) Ambassador Dickson Akoh and 49 of his members as illegal.
    Akoh and 49 others were at about 11:30pm last Tuesday arrested by some police operatives after commissioning its new headquarters in Abuja.
    It was alleged that operatives brutalised the arrested PCN chieftains, leading to the admission of at least two of them at the National Hospital.
    But they were granted bail last Thursday following the intervention of Falana.
    Falana, who is lawyer to PCN, told reporters in Abuja: “Every suspect is presumed innocent until the contrary is proved. Police, SSS, NDLEA and others parade of suspects is illegal.
    “Journalists should stop covering parades. Police have never paraded a governor among those who have been alleged to have stolen billions.
    “Have EFCC paraded those who have been caught to have kept billons in their homes? Police only parade the poor.
    ”Why did the police have to parade the National Commandant and other officers of the Peace Corps as if they are terrorists?”
    On how they were granted bail, Falana said: “We contacted the leadership of the Police Force and we were able to impress it on the police that this organisation is not illegal.
    ”The court made it clear that the police, the State Security Service and institutions of the government cannot on their own proscribe any organisation without a court order.
    “And since then the proscription was declared illegal and unconstitutional.
    ”We have passed this judgment to the police authorities and happy our clients were granted bail last Thursday.”
    Falana added: “For me, I can understand the opposition of the police to a body like the PCN. It was the same kind of antagonism that was displaced or demonstrated when there was a campaign to have the Nigeria Security and Civil Defense Corps (NSCDC).
    “But today, that body has been recognised by the National Assembly and members of the corps are now working with the police.”
    The Police, Falana said, operate under difficult conditions hence the need for police to embrace PCN.
    According to him: “There is no way you can police 180 million people with barely 350,000 police personnel and out of which about 120,000 are guarding big men, women and cooperate bodies in the country.
    “I thought the police should have embraced a body like the PCN to work together to make their job much easier.”

  • Falana petitions Acting President, AGF on El-Zakzaky’s, wife’s detention

    Falana petitions Acting President, AGF on El-Zakzaky’s, wife’s detention

    Humjab rights lawyer Femi Falana (SAN) has urged the Federal Government to order the release of Shiite leader Sheik Ibraheem El-Zakzaky and his wife, Hajia Ibraheema, from “illegal detention”.

    He wrote to the Attorney-General & Minister of Justice.  A copy was sent to the Acting President, Prof. Yemi Osinbajo (SAN).

    Falana, who is the lawyer to El-Zakzaky and his group, said the Department of State Services (DSS) had not released the Shiite leader and his wife from detention despite the judgment of a Federal High Court, which declared their incarceration illegal and unconstitutional.

    He added that the court ordered their immediate release from the custody of the SSS within 45 days.

    The human rights lawyer urged the AGF and the Acting President to use their good offices to ensure his clients were released “from illegal incarceration without any further delay” in view of “the avowed commitment of the Buhari administration to operate under the rule of law”.

    The letter reads in part: “In a considered judgment delivered on December 2, 2016, the Federal High Court (per Kolawole J.) declared illegal and unconstitutional the detention of Sheik Ibraheem Elzakzaky and his wife, Hajia Ibraheema Elzakzaky and ordered their immediate release from the custody of the State Security Service within 45 days. Since the Nigerian Army and the Kaduna State government had engaged in the illegal destruction of the residence of our clients in December 2015, the court ordered the Federal Government to provide a temporary accommodation for them. The court also awarded reparation of N50 million to the couple.

    “Although the deadline expired on January 16, 2017, the State Security Service has refused to release our clients from custody in utter contempt of the valid and subsisting order of the Federal High Court. The Federal Government has equally refused to comply with the other terms of the judgment.

    “However, we are not unaware that your office has filed an appeal against the said judgment at the Court of Appeal. But since the filing of the appeal has not varied or suspended the orders of the learned trial judge, you are duty bound to advise the Federal Government to comply with the clear and unambiguous terms of the judgment.

    “Having regard to the facts and circumstances of this case, we are compelled to remind you of the case of Nigerian Army v Mowarin (1992) 4 N.W.L.R. (pt 235) 345, where the Court of Appeal dismissed the motion for stay of execution of the judgment of the Lagos High Court for the release of the appellant.

    “In justifying the ruling of the Court of Appeal, Kalgo J.C.A. (as he then was) held that ‘the refusal  of the application will not cause any injury to the applicant, but if the application is granted, the respondent will continue to suffer personally in detention after the court has declared her detention unlawful ab initio’. Based on the dismissal of the application for stay of execution, the then military junta released the respondent from further custody.

    “In line with the principle of law espoused by the Court of Appeal in the case of Nigerian Army v Mowarin (supra), your office has not filed any application for stay of the execution of the judgment of the Federal High Court, which has ordered the Federal Government to release our clients from the unlawful custody of the State Security Service.

    “In view of the avowed commitment of the Buhari administration to operate under the rule of law, we urge you to use your good offices to ensure that our clients are released from illegal incarceration without any further delay. However, if our request is not granted forthwith we shall not hesitate to pray the Court of Appeal to refuse to entertain the appeal filed by your office against the judgment of the Federal High Court until the Federal Government has purged of the contempt of the Federal High Court.

  • Falana: stop public officials from seeking treatment abroad

    Falana: stop public officials from seeking treatment abroad

    Activist-lawyer Femi Falana (SAN) yesterday said public officials should be banned from seeking medical treatment abroad.

    This, he said, will force the government to fix the health system.

    He called for psychiatric tests for those seeking public offices as a way of checking “unprecedented” looting of public treasury.

    “Having regard to the unprecedented scale of looting of the public treasury by the ruling class, the mental state of contestants ought to be examined by psychiatrists,” Falana said.

    He also advocated the amendment of the 1999 Constitution to make it mandatory for medical reports of contestants to be submitted to the Independent National Electoral Commission (INEC).

    He said the Freedom of Information (FoI) Act should be amended to allow the public to obtain medical records of public officers.

    Falana spoke in Lagos while delivering the 11th Beko Ransome-kuti memorial lecture.

    The lawyer said instead of wasting precious time over the state of health of President Muhammadu Buhari, Nigerians should join issue with the government over the parlous state of medical facilities.

    “In other words, the Nigerian people should take advantage of the President’s health to demand the provision of adequate funds to fix our hospitals which General Buhari and his colleagues described as consulting clinics in 1984.

    “The President should be made to know that the consulting clinics have since become mortuaries for the masses.

    “The practice of allowing poor citizens to die of preventable diseases while top public officers and rich private citizens are allowed to travel abroad for medical treatment can no longer be justified.

    “In line with the letter and spirit of the National Health Act, 2014 public officers should no longer be permitted to travel abroad for medical treatment at public expense,” Falana said.

    According to him, since Nigerian citizens have the right to health by the combined effect of section 17 of the Constitution and article 16 of the African Charter on Human and Peoples’ Rights Act, it is high time medical facilities were fixed while drugs were made available and affordable.

    He said the usual excuse for not equipping hospitals is that funds are not available, which he said is a matter of priority and not poverty.

    Falana said: ”The life span of an average Cuban is 79 years while ours is 52. Cuba is a very poor country but education and health are free for all citizens.

    “The greatest killer disease in Africa is malaria. Not less than a million Africans are lost to malaria fever every year.

    “But the scourge of malaria can be substantially eliminated if the leaders are prepared to muster the political will to ‘offend’ the manufacturers of anti-malaria drugs by acquiring the technology to destroy malaria.

    “As far back as 1967, Cuba developed a vaccine, called larvicides that destroys malaria parasite instead of treating it.  Cuba has also developed an anti long cancer vaccine called cimavax which is expected to arrive in the United States any moment from now.”