The Nation Newspaper

Tag: Falana

  • Lawyers, judges, others frustrating anti-graft war, says SGF, Sagay, Falana

    Lawyers, judges, others frustrating anti-graft war, says SGF, Sagay, Falana

    SOME obstacles to a successful anti-graft battle have been identified.

    The Secretary to the Government of the Federation (SGF), —, Chairman, Presidential Advisory Committee  Against Corruption (PACAC) Prof Itse Sagay (SAN) and rights activist Femi Falana (SAN)  said yesterday that the activities of professionals, particularly lawyers and judges, were frustrating the government’s efforts to curb acts of corruption and impunity.

    Lawal, Sagay, Falana and others, who spoke in Abuja at a workshop on the “Role of professionals in the fight against corruption”, were unanimous on the need for professionals to put societal interest above individual preferences; uphold professional ethics, and support government’s efforts to enthrone transparency in the conduct of state affairs.

    The workshop was organised by PACAC, Association of Professional Bodies of Nigeria (APBN) and the Convention on Business Integrity (CBI).

    Lawal said the role of lawyers and some judges, who offer their expertise to indicted individuals and deploy delay tactics and other underhand methods to frustrate the successful prosecution of criminal cases, was particularly injurious to the Fed Govt’s anti-corruption campaign.

    Represented by the Director, Nigerian National Volunteer Services (NNVS), Tor Tsavsar, the SGF said there was need for professionals to see themselves as stakeholders in government’s anti-graft efforts if the country was to grow and attain needed development.

    “From recent revelations, corruption is usually aided and facilitated by conniving civil servants and professionals in the public and private sectors. It is no news that most stolen funds are laundered through our banks and other offshore entities that are owned and managed by professionals.

    “A recent case of the ‘Panama Papers scandals’ is an example of how politicians, criminals and rogue industries were assisted by professionals to launder stolen funds. It is equally regrettable that some of the professionals do not stop at aiding, abetting and facilitating the stealing of public funds, but more often than not, go further to offer direct and indirect support to indicted officials to beat the law.

    “It is no more news that corrupt officials are able to engage some of our seasoned lawyers, who employ negative tactics ‘in or out of court’ to frustrate trials of indicted officials. The retinue of frivolous interlocutory applications, which are pursued up to the apex court, while action on substantive matters are stayed, are common examples of how professional lawyers frustrate the fight against corruption.

    “Similarly, some compromised judges always exhibit a disquieting tendency to indulge these lawyers in their unpatriotic and unscrupulous conduct. The attitude of some of our legal practitioners and judges have become so alarming that Mr. President had, on few occasions, lamented their role in the fight against corruption,” Lawal said.

    Sagay, who deplored the conduct of professionals who aid corruption and fraud, said the Federal Government was looking at ways of ensuring that those, who aid acts of fraud and corruption were also prosecuted. He said the workshop was intended to seek the support of professional bodies, and draw their attention to their responsibilities in this regard.

    He said as part of strategy to enlist professional’s’ support, the PACAC has held meetings with representatives of the Christian Association of Nigeria (CAN), the Supreme Council of Islamic Affairs (SCIA) and other religious groups with the intention of evolving ways of ensuring that religious injunctions against corruption, fraud and impunity were highlighted and emphasized.

    Falana urged the Fed Govt and anti-graft agencies to look beyond public officers and politically exposed individuals to include professionals, drug dealers and human traffickers in their activities.

    He faulted a judgment by Justice Gabriel Kolawole of Federal High Court, Abuja that lawyers cannot be subjected to certain anti-money laundering provisions and requirements under the MLA.

    “The question is: Is the judgment of Justice Gabriel Kolawole an immunity that allows legal practitioners to launder money for their clients?” Falana said.

  • Ambode, Falana, Omatseye harp on importance of preserving national archives

    Ambode, Falana, Omatseye harp on importance of preserving national archives

    LAGOS State GovernorAkinwunmi Ambode, Lagos lawyer Femi Falana and Chairman, Editorial Board of the Nation Newspapers, Mr. Sam Omatseye yesterday harped on the need for Nigeria to begin to pay greater attention to preserving national archives.

    They spoke at an event to commemorate this year’s Archives Day, with the theme: “Corruption and Security Challenges in Nigeria-The Place of Records and Archives Management”.

    They unanimously agreed that some of the problems besieging the country could have been addressed easily, if there were adequate record of past occurrences.

    Ambode, in his goodwill message, said the event was apt since it has become necessary to raise awareness on the necessity to conserve historical artefacts for posterity.

    The governor, who was represented by the Commissioner for Information and Strategy, Mr. Steve Ayorinde, said Lagosians were noted for their colourful historical background and trado-cultural practices, which have served as a veritable tool for the state’s rich tourism and hospitality potentials for local and foreign investors.

    He said his administration, through the Lagos State Records and Archives Bureau (LASRAB), was diligently gathering traditional and cultural artefacts and records to tell the story of Lagos for the benefit of future generations.

    The governor said the State Museum of Traditional History located in Ifako Ijaye Local Government is a repository of the historical records and artefacts of the “Awori” and a convergent point for families and interested people, especially at festive seasons.

    On his part, Falana said no country can make meaningful progress if it has a dearth of records, just as he stressed that Nigeria’s fight against corruption and insecurity was being hampered by lack of adequate information.

    “What is going in the Niger Delta now is the height of intelligence failure in any country. After the crisis in that region and the emergence of the militants and the crisis that led to the amnesty programme, we would have expected that for a country that keeps records, as was the case in those days. For instance, in those days, when a prisoner is released, where he goes to, he will be monitored.

    “It is pathetic that our security officials are more interested in reckless abuse of human rights rather than gathering information and intelligence.

    “In Nigeria today, it is not easy to get copy of any judgment. There is no court in Nigeria that can give you a copy of judgment of 15 years ago. We have an archive in the Lagos High Court; and to get a document from the archive would require one paying specially. They will tell you that you should give them three months. And after the time elapses, they will tell you that they cannot find the document. With this act, vital records are lost,” Falana said.

    Omatseye, in his presentation, said record-keeping in will continue to make no meaning unless the country develops historical consciousness.

    The award-winning columnist, who was one of the panellists at the event, said despite the sufferings that the people of the Eastern region where subjected to during the civil war, there was no proper documentation of the details at the museum in that region for the younger generation to learn from.

    “Archiving is important; but it is meaningless without a sense of value,” he added.

  • Lawyers to sue FG for rights violation

    Lawyers to sue FG for rights violation

    Human right lawyers led by Femi Falana (SAN) have started filing suits against the Federal Government for human rights violation in the country.

    Falana disclosed this on Friday in a statement titled: “Demand for immediate release of detained labour leaders.”

    He said the action was taken because the Mohammodu Buhari administration is not prepared to protect the human rights of the traumatised Nigerian people.

    Falana said a team of human rights lawyers have been instructed to challenge the increasing human rights violations in the country.

    He commended Mr. Femi Aborisade who has offered his pro bono services to the detained teachers in Oyo State.

    The activist cited some incidences to butress his claim of human rights violations in the country.

    He recalled: “on May 30, 2016 the army unleashed mayhem at 0nitsha, Anambra State to prevent the members of the indigenous People of! Biafra (IPOB) from embarking on a peaceful rally to mark the 30th anniversary of the declaration of the Republic of Biafra.

    “During the military attack, many people were killed, while others were severely wounded.

    “In justifying the illegal attack, the army was reported to have claimed that five protesters were killed, while nine others were injured in self defence.”

    Falana described what he termed “unprovoked attack” as “barbaric violation of the fundamental rights to life, dignity of person, freedom of expression, association and assembly of the protesters.”

  • New petrol price illegal, says Falana

    New petrol price illegal, says Falana

    Lagos lawyer Femi Falana (SAN) has described the increase in the pump price of petrol from N86.50 to N145.00 as illegal and contemptuous.

    “In view of the illegality, insensitivity and immorality of the price increase, the Federal Government should cancel it, revert to the status quo and consult widely with all relevant stakeholders in the society,” he advised.

    In a statement issued in Lagos yesterday and titled, “The illegality, immorality and insensitivity of fuel price increase ý”, the lawyer justified his view that the increase was illegal.

    Falana cited the case of Bamidele Aturu versus Attorney-General of the Federation (unreported suit No. FHC/ABJ/CS/591/2009) where the Federal High Court declared illegal and unconstitutional the policy decision of the Federal Government to deregulate the downstream sector of the petroleum industry, contrary to the combined effect of the provisions of the Price Control Act and the Petroleum Act.

    He lamented that in total defiance of the said order of the federal high court, the Federal Government has deregulated the downstream sector of the petroleum industry.

    Although the Minister of State, Dr. Ibeh Kachukwu, while justifying the new policy regime, claimed that “PPPRA has informed me that it will be announcing a new price band effective today, 11th May, 2016 and that the new price for PMS will not be above N145 per litre.” Since the Petroleum Products Pricing Regulatory Agency (PPPRA), which is statutorily empowered to recommend the price of petroleum products, has not been reconstituted the unilateral decision of the Executive Secretary of the body to fix the pump price at N145 per litre is ultra vires and illegal in every material particular”.

    Falana recalled that barely a month ago, Dr. Kachikwu had announced that fuel subsidy had been removed through his ingenuity and that while celebrating the “success” recorded by him in the management of the petroleum industry, he disclosed that “Nigeria was saving $1 billion in subsidy removal and $1 billion in fuel importation”. He also stated that “for the first time, our refineries are ready to work now that crude has been pumped from Brass to Port Harcourt.

  • Falana wants police disbanded

    Falana wants police disbanded

    •Says force is contemptuous of Nigerians 

    Lagos lawyer, Femi Falana (SAN) yesterday called for the scrapping of the Nigeria Police for what he termed the force’s contempt for the people especially alleged reckless killing of harmless citizens.

    He therefore called for its disbandment and the establishment of a new one that will respect and defend the people.

    Falana, speaking at the pre-May Day lecture jointly organised by the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) in Abuja said the neo-colonial content of police training is not helping matters.

    The civil rights activist in a paper entitled “The working class and the marginalised group and the quest for socio-economic rights in Nigeria” also asked Nigerians to wake up and free the society from the grip of looters and stop political parties set up by the bourgeoisie to access power.

    He said:”Over the years, the ruling class has conveniently ignored several judicial pronouncements in favour of social justice. That is not unexpected given the fact that the government is run by an army of neo-liberal ideologues who are committed to the defense of market fundamentalism.

    “This means that the struggle for the economic empowerment of the masses transcends the legal arena. It is a battle for popular democracy as opposed to liberal democracy. It is a battle for the democratic control of the economy to ensure that the material resources of the nation are harnessed and distributed as best as possible to serve the common good.”

    He added:”To stop the reckless killing of people in Nigeria, we have to disband the police force which has contempt for our people because of the neo-colonial content of their training. In its place a new police service which will respect and defend the people should be established.  To free our society from the tiny grip of looters the Nigerian people should be mobilised to struggle for popular democracy.”

    He blamed the current level of poverty in the country on the World Bank-sponsored Structural Adjustment Programme introduced by the Babangida administration in 1986.

    The programme, according to him, led to official withdrawal by the state from the funding of social services thus paving the way for massive poverty in the land.

    “The complete or partial withdrawal of spending on public welfare negatively affected critical areas such as health, education with dire consequences on poor people. Unregulated trade liberalization supported by the World Trade Organization (WTO) destroyed local industries,” he said.

    “In addition to the diversion of public funds by a handful of public officers, the government has continued to take toxic loans from foreign financial institutions to fund the escalating costs of running an unproductive bureaucracy.

    “Under an economy controlled by market forces, the majority of citizens have been denied access to security, welfare and happiness. In an arrogant manner, the few public officers and their cohorts who have cornered the commonwealth turn round to impose austerity measures on the people.

    “The ongoing investigation into the mega looting of the treasury has shown that if the resources of the nation had been judiciously managed an effective welfare programme could have been established and run in the interest of the people.

    “Although the mega looting of the national treasury is being investigated, the Nigerian people are being penalised for the mismanagement of the economy by the ruling class. Electricity tariff has been increased even though there is no improvement in electricity supply. Nigerians are being forced to pay more for education, health, fuel and other essential social services.

    “The APC-led government has made it clear that it is unable to fulfill its electoral promises due to the damage done to the economy by the PDP and on account of the fall in the price of crude oil in the international market.”

    He advised the federal government to use “the stolen wealth being recovered towards the funding of a welfare programme for the people”

    While throwing his weight behind the demand by organised labour for a new national minimum wage despite the economic situation in the country, the legal practitioner argued that by virtue of section 17 of the Constitution, the government is under an obligation to provide a living national minimum wage and make conditions of work just and humane and ensure that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused.

    He regretted however that “in total disregard of its constitutional responsibility to Nigerian workers, the government has provided for a starvation wage of N18,000.00 per month. Even the starvation wage is not paid as and when due as stipulated by law.” He deplored  the  parasitic bureaucracy in the country and declared:  “No government has reviewed projects that constitute a drain on public treasury. Governors still travel so regularly to Abuja and other places in hired jets.

    “There are 11 planes in the presidential fleet! Public officers move around in long convoys. The governments have hired hundreds of aides and consultants. Jobs which can be handled by civil servants are firmed out to contractors at skyrocketing prices. Majority of state governments have refused to adopt the TSA to eliminate the diversion of public funds.”

    He regrets that corruption was only being fought at the federal level “while it has remained business as usual in the states and local government councils.

     

     

    Some ministers, senators and other public officers earn double salaries while no state government has reduced the scandalous pension package for ex-governors in terms of salaries for life, houses in the state capitals plus Abuja, medical, vehicle and other allowances etc.”

    Falana was represented by the Chairman, Partners for Electoral Reform,  Ezenwa Nwagwu,

  • CCB/CCT Act’s amendment: NLC, TMG, Falana slam Senate

    •SERAP petitions UN special rapporteur

    More criticisms yesterday trailed the planned amendment by the Senate of the Act establishing the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT).

    The Nigeria Labour Congress (NLC) described the amendment as a legislative ambush capable of scuttling Senate President Bukola Saraki’s trial.

    In a statement, entitled: “A Dangerous Amendment” by its President, Comrade Ayuba Wabba, the congress said Nigerians believed that the amendment was aimed at scuttling the trial.

    The NLC said while the intention of the Senate might be noble and in line with their legislative function, the timing of the amendment calls to question the real intentions of the upper house.

    The statement reads: “It is quite intriguing that it took the trial of the Senate president for the Senate to discover the flaws in the law(s).  Putting it bluntly, despite the spirited defences by the deputy Senate president to the contrary, not a few believe that this legislative move is a desperate attempt to scuttle the trial of the Senate President, Dr. Bukola Saraki, at CCT.

    “On our part, we do not think the privileges of the Senate president extend to exemptions from civil or criminal trials. At the moment, only the President and his deputy, the governor and their deputies enjoy this privilege. Thus, what the Senate is trying to do is no more than a legislative ambush.”

    The Transition Monitoring Group (TMG) urged the Senate to halt the desecration of the upper chamber of the National Assembly with the amendment.

    The TMG, in a statement in Abuja yesterday by its Chairman, Ibrahim Zikirullahi, said the amendment showed the level of desperation and the despicable extent to which legislators were willing to descend.

    “As far as we are concerned, Saraki’s trial at the CCT is his personal business.

    “ It is, therefore, a vexatious affront on the sensibilities of Nigerians that the weight of the legislature would be brought to bear in this disturbing attempt at given him political rehabilitation.

    “TMG frowns at this gangster approach to legislative business.”

    Also yesterday, Lagos lawyer Femi Falana (SAN) advised the Speaker of the House of Representatives, Yakubu Dogara, not to lend his weight to the proposed amendment by the Senate.

    Falana told Dogara that the proposed amendments were illegal and unconstitutional.

    He argued that where the constitution already made provisions for an Act the National Assembly is seeking to amend, such new provisions would be regarded as invalid, duplication and inoperative.

    He contended that the CCB and CCT Act could not be amended without first amending the constitution and advised him and other members of the House to persuade the Senate to terminate the proposed amendments.

    The lawyer noted that when the Corrupt Practices and other Related Offences Act 2000 was amended in 2003, following investigation allegations of corruption involving the leadership of the Senate, the Federal High Court set aside the amendment since it violated the constitution.

    Falana gave three reasons why the amendment proposed by Senator Peter Nwaoboshi, which the Senate passed the second time is unconstitutional.

    He said: “First, to the extent that the proposed amendment is designed to serve the interests of an individual, it is a violation of section 4 (2) of the Constitution, which has empowered the National Assembly to make laws ‘for the peace, order and good government of the federation or any part thereof…’

    “Second, notwithstanding that the Senate president has decided not to preside over the plenary in the Senate, whenever the bill is being debated, the whole exercise is a clear violation of Paragraph 1 of the Code of Conduct for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution, which stipulates that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities’.

    “Third, Section 3 of the Act, which the National Assembly seeks to amend, has become spent. Senator Nwaoboshi was reported to have said that he was proposing an amendment to Section 3 of the Act to provide ‘for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person’.

    “With respect, Section 3 of the Act is in pari materia with Paragraph 3 (e) of Part 1 of the Third Schedule to the constitution. To that extent, Section 3 of the Act is inoperative and invalid in every material particular. In Attorney-General of Abia v Attorney-General of the Federation (2001) 17 WRN 1, the Supreme Court held: ‘Where the provision in the Act is within the legislative powers of the National Assembly, but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    The Socio-Economic Rights and Accountability Project (SERAP) yesterday said it petitioned United Nations (UN) Special Rapporteur on Extreme Poverty and Human Rights Prof. Philip Alston, asking him to request the Senate to withdraw the proposed amendments.

    In a petition by its Executive Director, Adetokunbo Mumuni, the organisation argued that the proposed amendments, “if passed into law, would weaken the act, undermine the fight against corruption, exacerbate poverty and violations of internationally recognised human rights.”

    The organisation urged the Special Rapporteur to pressure the Senate to withdraw the amendments and ensure that a climate of legislative impunity and official corruption is not allowed to undermine the mandate of the Special Rapporteur to advance human rights and address poverty.

  • Why I won’t appear before Shittes/army clash panel, by Falana

    Why I won’t appear before Shittes/army clash panel, by Falana

    HUMAN rights lawyer Femi Falana (SAN) yesterday urged the Directorate of State Services (DSS) to release the Shittes leader El-ZakZaky, his wife Hajia Zeenat and others to appear before the Judicial Commission of Enquiry set up by the Kaduna State government  to look into the crisis between the sect and the Army.

    He said except his clients were released by the DSS from detention, he would not appear before the judicial commission.

    Falana, in his reply dated April 11, to a letter to him by the DSS director general, said his clients “categorically instructed us not to appear at the commission in view of their prolonged detention without trial”.

    The crisis between the Islamic sect and the Army, which occurred last December, left several members of the sect dead and property destroyed.

    Falana said the claim of the DSS boss that his client wanted him to appear before the commission was not true and rejected attempts by officials of DSS to participate in the meeting between him and El-Zakzaky.

    He accused the  Kaduna State government of complicity in the burning of the residence of his client.

    The lawyer’s reply added: “In line with the constitutional rights of our clients to brief and discuss with their lawyers without official interference, we rejected the illegal move by some personnel of the DSS to participate in the meeting we held with our clients in your custody last week.

    “Since you and your officers were not privy to the confidential discussions, your claim that our clients instructed us to appear before the Judicial Commission of Enquiry set up by the Kaduna State government is a figment of imagination.

    “Having been held incommunicado since December 14, our clients were unaware of the setting up of the commission. Upon briefing them, they categorically instructed us not to appear at the commission in view of their prolonged detention without trial.

    “They also raised several objections to the constitution of members of the commission.  We never knew that we were granted access to our clients for the sole purpose of preparing them to appear before the commission. Having failed to achieve the dubious objective, you have decided to impugn our professional integrity.

    “In rejecting the embarrassing imputation, which lacerated your aforesaid letter, we wish to reiterate that we cannot appear before the commission while our clients are locked up by the perpetrators of the genocidal attack unleashed on them and other unarmed civilians at Zaria, Kaduna State, from December 12-14, 2015.

    “Although our clients were not present on the scene of the dastardly attack, the armed soldiers invaded his private residence vi et armis on Sunday, December 14, 2015 on the instructions of the chief of Army Staff.”

    Falana alleged that the troops set the residence ablaze and opened fire on his clients and their family. He added that they shot dead three of their children in their presence.

    The human rights lawyer added: “As it is crystal clear that the authorities have decided to allow the commission to hear only one side of the story, my colleagues and I are unable to accede to your request to reconsider our position…”

  • Falana advises against World Bank, ADB loans

    Falana advises against World Bank, ADB loans

    Lagos lawyer Femi Falana (SAN) has urged the Federal Government to recover over $200 billion stolen wealth instead of taking a loan of $3.5 billion from the World Bank and the African Development Bank (ADB).

    Falana said if government refused to accede to the request, “we shall have no alternative than to initiate legal proceedings at the Federal High Court with a view to restraining the Federal Government from further plunging the nation into external indebtedness”.

    The request was contained in an April 8 letter, addressed to the minister of Finance, titled: “Request for the collection of outstanding revenue of $200 billion withheld from the federation account or stolen by looters”.

    In his initial letter to the minister dated February 12, the lawyer urged the Federal Government to explore alternative sources of raising revenue to fund the 2016 budget, instead of increasing the nation’s external debt of $64 billion.

    He had also requested the Federal Government to recover the $42 billion withheld from the Federation Account from 1999-2012 by some transnational oil companies, Nigeria National Petroleum Corporation and other agencies, noting that the minister, in her reply dated March 17, gave assurance  that the issues raised were receiving attention.

    “We were, therefore, surprised to learn that the administration had applied to the Chinese Government for another loan of $2 billion. In urging the Federal Government to desist from taking the loan of $2 billion from China or any other country, we are compelled to advise the Federal Government to intensify efforts to recover the nation’s wealth, which has been criminally diverted by a handful of local and foreign looters”, he said.

    Falana advised government to direct the relevant agencies and the anti-graft bodies to collect the stolen wealth, and listed 17 areas where such funds will be collected.

    According to him, “the National Extractive Industries Transparency Initiative has confirmed that from five cycles of independent audit reports of NEITI, covering 1999-2012  the NNPC, some oil companies and certain agencies of the Federal Government withheld $20.2 billion for the Federation Account. The indicted oil companies and agencies should be made to remit the $20.2 billion  into the Federation Account.

    ”In 2006, the Central Bank of Nigeria apportioned $7 billion of the nation’s external reserves to 14 Nigerian banks. In 2008, the CBN also gave a bailout of N600 billion ($4 billion) to the banks”.

    He recalled “on September 6, 2016,  the NNPC  announced that arrangements had  been concluded to  recover $9.6 billion in over-deducted tax benefits from joint venture partners on major capital projects and oil swap contracts. Since the NNPC is said to have recovered  $9.6 billion it should be remitted into the Federation Account”.

    Falana said Mobil Producing Nigeria Unlimited since 2009 has been owing government $1.9 billion, being outstanding of the $2.5 billion charged the oil company for the renewal of licences adding: “From 1998-2014, the Federal Government collected over $4 billion from the over $5 billion stolen from the CBN by the late General Sani Abacha. I have submitted a petition to the Economic and Financial Commission to investigate the alleged criminal diversion of the recovered loot by some former public officers. The governments of the United States and Switzerland have promised to repatriate $458 million and $321 million recovered from the loot.

    “In 1999, the Abdulsalami Abubakar military junta enacted theDeep Offshore Inland Sharing Contract Decree to give effect to certain fiscal incentives for the oil and gas companies operating in the Deep Offshore and Inland Basin under production sharing contracts. Thus, by virtue of Section 5 of the Act, the payment of royalty in respect of the Deep Offshore production sharing contracts shall range from four to 12 per cent while no royalty shall be paid whatsoever in areas in excess of 1,000 metres depth! Since the 15-year period for non-payment of royalties expired in June 2014, they should collect arreas of royalties running to hundreds of million of dollars owed by the oil and gas companies operating in the area”.

     Other areas include “the  abandoned $470 million contract awarded to ZTE (a Chinese company) in 2009 by the Federal Government for the construction of CCTV cameras in Abuja and Lagos . Hence, the cameras, which were installed, did not capture the criminals, who launched bomb attacks in Abuja, and killed scores of citizens. Since the contract was not executed, the Federal Government should recover the $470 million.

    “In the Appropriation Act, 2011, N245 billion was earmarked for fuel subsidy. In violation of the budget law, the Federal Government fraudulently paid out N2.5 trillion ($16 billion) to a cabal of fuel importers. The investigation conducted into the large scale fraud by the Police and the anti-graft agencies was compromised due to pressure from the Jonathan administration. The EFCC should revisit the matter.”

    He went on:  ”For contravention of the law on compulsory registration of SIM cards, the NCC imposed a fine of $5.2 billion on MTN last year.  Based on pleas by the MTN management and the intervention of South Africa, the fine was reduced to $3.9 billion, of which MTN paid $250 million. Since MTN has withdrawn the suit challenging the payment of the fine, the Federal Government should ensure the prompt payment of the balance of $3.65 billion.

    “Under the ex-President Goodluck  Jonathan administration, it was estimated that the nation was recording oil theft worth $7 billion to criminals annually. An investigation by a team of lawyers hired by the Federal Government confirmed that hundreds of millions of barrels of oil were stolen by oil companies and shipped to many countries. According to the lawyers,  the amount recoverable by the government from the sellers and buyers, who stole Nigeria’s hydrocarbons and shipped same to the United States from January 2011 to December 2014, stands at $12.7 billion. Since the verification is programmed to cover 10 years, it is estimated that Nigeria can recover not less that $100 billion from the undeclared millions of barrels of oil shipped to the United States and other countries. The EFCC should collaborate with the lawyers to recover the  missing fund and prosecute the transnational oil companies involved in the grand oil theft.”

  • Falana to DSS: release Zakzaky within 24 hours

    Falana to DSS: release Zakzaky within 24 hours

    Activist-lawyer Femi Falana (SAN) has demanded the release of leader of the Islamic Movement of Nigeria (IMN) Sheik Ibraheem Zakzaky and his wife, Hajia Zeenat Ibraheem from unlawful detention.

    In an April 5 letter to the Director-General, Department of State Services (DSS), Falana said his clients had been denied access to their family and doctors since their arrest.

    Falana said last December 12, thousands of armed soldiers allegedly unleashed violence on IMN members in Zaria, Kaduna State, on the orders of the Chief of Army Staff, General Tukur Buratai, who claimed the unarmed civilians wanted to assassinate him.

    The lawyer said although his clients were not on the scene of the attack, the troops invaded their residence at Wali Street, Zaria, last December 14.

    “The troops set the building ablaze and killed three of our clients’ children in their presence and thereby subjected them to untold mental agony.

    “Thereafter, the armed soldiers shot our clients several times. As a result of the brutal attack Sheik Zakzaky lost his left eye. Doctors are battling to save the right one.

    “While in custody, both of them have gone through many surgical operations to extract bullets from their bodies,” Falana wrote.

    To compound the physical pain and mental anguish his clients were subject to, Falana said the police and the DSS held them incommunicado for over three months.

    He recalled that during a similar attack in 2014 allegedly by a detachment of the Army, three of Zakzaky’s children were also killed without any lawful justification.

    Falana said the report of the Commission of Enquiry set up by the government was yet to be released, while the military personnel, who allegedly killed his clients’ children and other unarmed civilians, have not been brought to justice.

    Some of the victims who survived the deadly attacks, Falana said, have been charged with culpable homicide and sundry offences by the Kaduna State Government.

    “Notwithstanding that  such criminal charges  are pending at the Kaduna High Court, the Kaduna State Government  has set up a judicial Commission of Enquiry to investigate the same subject matter.

    “Even though our clients have not been told that they breached any law, they have been denied access to their lawyers, personal physicians and family members for over three months.

    “Our clients were only permitted to meet with us last Friday after several requests made by us had been turned without any legal basis.

    “In the light of the foregoing, our clients and members of the IMN have resolved not to participate in the proceedings of the said Judicial Commission of Enquiry in any manner whatsoever and howsoever.

    “Finally, we hereby demand for the immediate and unconditional release of our clients from illegal detention within 24 hours of the receipt of this letter,” Falana.

  • Braithwaite was a counter statesman, says Soyinka

    Braithwaite was a counter statesman, says Soyinka

    •Soyinka: he was a counter statesman

    Ex-President Goodluck Jonathan has described the late lawyer, Dr. Tunji Braithwaite, as a strong democracy advocate, who contributed to national development.

    This was contained in a condolence letter to the deceased’s family.

    He said the late activist, who died on Monday, was one of the few courageous statesmen in the opposition during the military era.

    Jonathan said: “I extend my deepest sympathy at the passage to eternal glory, of an elder statesman, whose tremendous contributions helped to shape the progress of our nation.

    “Dr. Braithwaite will continue to live in the memories of many Nigerians as a strong advocate of a truly democratic Nigeria and one of the few who had the courage to stand in the opposition during the military regime.

    “I recall our encounters during which, as a strong believer in the unity of Nigeria, he clamoured for a national dialogue, seeing it as an avenue through which lasting unification of the country could be achieved. He never stopped advocating policies that would improve the quality of lives of  Nigerians.

    “His family will be comforted by the fact that his legacies as a lawyer, author and a pro-democracy activist and contributions to national development and humanity will continue to endure.

    “I pray that God Almighty grants his soul eternal repose and imbue his family and the nation the strength of spirit to bear his absence.”

    Nobel laureate Prof. Wole Soyinka yesterday led eminent Nigerians, who visited the Lagos home of the late Dr. Braithwaite to commiserate with the family.

    Dr. Braithwaite died on Easter Monday after collapsing a week earlier in his gym.

    Prof. Soyinka said he disagreed with those who called Braithwaite an elder statesman.

    Said he: “The word elder statesman means he was retired but I will refer to him as a counter statesman, who always put government on its toes.”

    The Nobel laureate said Braithwaite was always on the side of the people.

    Lagos lawyer Femi Falana (SAN) said Dr. Braithwaite was a committed advocate of the rule of law and positive influence on lawyers who stand for integrity.

    In a statement in Lagos yesterday: ‘Dr Tunji Braithwaite fought a good fight’, Falana noted that although Braithwaite practised law for over 50 years, “he operated on a higher moral pedestal as a lawyer, as he never engaged in sharp practices.”

    The statement further said: “Dr. Braithwaite was a consistent fighter for justice and fair play. As a man of strong principles, he never compromised throughout his life. He was a solid legal scholar and a committed advocate for the rule of law.

    “He was critical of the reactionary legal establishment. Whenever he found the court room too narrow for the struggle for social justice, Dr. Braithwaite never hesitated to participate in street protests.

    “When the house of the late Fela Anikulapo-kuti was destroyed by official arsonists in military uniform in 1977, Dr. Braithwaite sued the Federal Military Government.

    “He fought the legal battle from the Lagos High Court to the Supreme Court. Although the case was lost by the Kuti family, it was won by the Nigerian people.

    “The apex court seized the opportunity of the case to pronounce the anachronistic doctrine of rex potest non peccare (the king can do no wrong) illegal and unconstitutional. Since then, the courts have always condemned military invasion of communities and awarded damages to the victims.”

    Inspector General of Police Solomon Arase, represented by Lagos Police Commissioner Fatai Owoseni, said Dr. Braithwaite lived for the people and for the development of the country.

    The Convener, Coalition of Democrats for Electoral Reform (CODER), Mr. Ayo Opadokun, said: “Like many of his ilk, he was an intellectual. He was not one of those who would speak against government policy in the day and go back to prostrate in the night.

    “He was not also part of those who claimed to fight for the people, but were later found wanting. His was a true and unflinching support for the people.”

    Opadokun recalled that Dr. Braithwaite confronted the late Gen. Sani Abacha when he (Abacha) wanted to transform into a civilian president and opposed former President Olusegun Obasanjo’s third term bid in the face of intimidation.

    Former Chief of Army Staff Gen. Alani Akinriande and Chief Amos Akingba described him as a mentor that would be missed.

    Dr. Braithwaite’s designer, Mrs. Shade Thomas Fad, said: “Over 35 years ago, he asked us to design a particular style of outfit that would identify or associate him with the masses. That was how we came about the Aso Oke and the style he wore until his exit.”

    She described him as a sympathetic person, who always wanted to bear the burden of the helpless.