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Tag: Falana

  • Falana to Fed Govt: recover looted funds

    Falana to Fed Govt: recover looted funds

    Lawyer-activist Mr. Femi Falana (SAN) has urged the Federal Government to receover stolen funds to finance the 2016 Budget.

    Falana, in a statement, Falana said: “From information at our disposal, the Federal Government is owed not less than $66.5 billion, which ought to be recovered without delay.”

    He said independent audit reports by the National Extractive Industries Transparency Initiative (NEITI) put the potential recoverable revenue payable to the Federation Account at not less than $20.221 billion.

    “The potential recoverable revenues are said to have arisen from “underpayment/underassessment of taxes, royalties, levies and rents,” he said.

    Falana added: “On October 4, 2006, the Central Bank of Nigeria apportioned $7 billion to 14 Nigerian banks to “manage” of the nation’s external reserves of $38.07 billion, as at July, 2006.

    “In addition, following the crisis of global capitalism, which occurred in 2008, the CBN gave a bailout of $4 billion (N600 billion) to commercial banks.

    “The CBN has not deemed it fit to ask for the refund of the $11 billion injected into the banking system in the space of two years.”

    He said on September 6, 2015, the Presidency announced that the management of the NNPC commenced the process of recovering the $9.6 billion in over deducted tax benefits from joint venture partners on major capital projects and the legacy OPA/SWAP oil contracts.

    “A fortnight ago, Mr. Abubakar Malami, the attorney-general of the federation and minister of Justice, said the Federal Government had concluded arrangements to recover additional $750 million from the ‘Abacha loot’,” Falana added.

    He said in the Senate probe into the affairs of the Asset Management Corporation of Nigeria (AMCON), it was revealed that the corporation accumulated over $25 billion (about N5 trillion) debts.

    “According to Mr. Ahmed Kuru, AMCON’s chief, ‘most of the debtors of AMCON fly in private jets, live in big mansions,’” he added.

    “From the foregoing, you will agree with us that Nigerians should not pay for the gross mismanagement of the economy by the Federal Government and the profligacy of the pampered members of the ruling class,” Falana said.

    He added that instead of taking $2.5 billion “with dangerous conditionalities from the World Bank”, the Federal Government should recover the loans and revenues of not less than $66.5 billion with the assistance of anti graft agencies.

     

     

  • Falana: inaugurate panel on criminal justice

    Falana: inaugurate panel on criminal justice

    A Lagos lawyer Femi Falana (SAN) has urged the Federal Government to inaugurate the Administration of Criminal Justice Committee to ensure speedy adjudication of criminal matters.

    In a January 13 letter addressed to the Secretary to the Government of the Federation, Falana said he was compelled to request the inauguration of the committee following complaints of indiscriminate arrests and detention of criminal suspects across the country.

    He threatened to file an application for mandamus in the Federal High Court to force the government to inaugurate the committee.

    The lawyer explained that pursuant to Section 469 of the Administration of Criminal Justice Act 2015, the committee will ensure that “criminal matters are speedily dealt with; congestion of criminal cases in courts drastically reduced; congestion in prisons reduced; persons awaiting trial are, as far as possible, not detained in prison custody.

    He said the committee would also ensure cordial re relationship among organs responsibile for the administration of justice; collate, analyse and publish information in relation to the administration of criminal justice; submit quarterly report to the chief jJustice to keep  him abreast of developments towards improved criminal justice delivery and carry out other activities for the effective and efficient administration of criminal justice.

     The committee, he said,  would be chaired by the chief judge of the Federal Capital Territory, assisted by the attorney-general of the federation or his representative not below director and a Federal High Court judge as members.

     Others are the inspector-general of Police or his representative not below commissioner; comptroller-general of the Nigeria Prisons Service or his representative not below comptroller; executive secretary of the National Human Rights Commission or representative not below the director; chairman of any local Nigeria Bar Association (NBA) branch in the FCT to serve for two years; director-general of the Legal Aid Council or representative not below  director; and a representative of civil society working on human rights and access to justice or women rights to be appointed by the committee to serve for two years.

  • Falana to ex-Finance Minister Okonjo-Iweala: my battle is to end impunity

    Falana to ex-Finance Minister Okonjo-Iweala: my battle is to end impunity

    Lagos lawyer Femi Falana (SAN) said yesterday that his  petitions to the anti graft agencies and the Special Prosecutor of the  International Criminal Court (ICC) were anchored on law and facts, emphasising that he has nothing personal against any person in the battle to end impunity and retrieve the looted wealth of the nation from corrupt elements and institutions.

    Falana was reacting to the attack by ex-Finance Minister and Coordinating Minister of the Economy Dr. Ngozi Okonjo-Iweala, following his petition to ICC to probe alleged crimes against humanity by serving and retired military officers and their civilian accomplices, who allegedly diverted over $8 billion earmarked for arms and armament for counter-insurgency and for their prosecution by the court.

     The lawyer declined to exchange what he termed “vulgar abuse” with the former minister, who he said was attempting to extricate herself from the looting while she was in office.

     He said Dr. Okonjo-Iweala was always quick to deflect criticisms by accusing anyone seeking to hold her to account for her appalling records in government.

     He recalled that “when Professor Chukwuma Soludo alleged that about N30 trillion could not be accounted for under her watch, he was described as  “an embittered loser in the Nigerian political space.”

    ‘’When Comrade Adams Oshiomole questioned the illegal withdrawal of $2 billion from the Excess Crude Account, he was accused of having animus towards her because she had blocked Edo State from obtaining a loan”.

    According to him, the claim by the former minister that  he was not familiar with the mandate of the ICC showed that Mrs. Okonjo-Iweala hadnot been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda) and the warrant of arrest for Ahmad Harun (Sudan).

     “In many  decided cases, the ICC has expanded its mandate to humanitarian issues, aimed at forestalling and impeding the perpetration of crimes, which cause gross human rights abuse. There is absolutely nothing in the Rome Statute of the ICC to suggest that the court cannot address impunity for enormous financial crimes (and its crippling impact), which took place while Mrs. Okonjo-Iweala was the Finance minister and the coordinating minister of the Economy”.

     On the claim that he owns the Socio-Economic Rights and Accountability Project (SERAP), Falana said a Google search would have shown him as one of the legal advisers of the organisation and that “there are other distinguished lawyers and academics of international repute on SERAP’s board. Her claim that SERAP is ‘discredited’ is the exact opposite of reckless characterisation because it is an organisation that has won national and international recognitions, including nomination for the UN civil society award; the Ford Foundation Jubilee Transparency Award; and the Wole Soyinka Anti-Corruption Defender Award.’’

  • Falana’s petition to ICC

    SIR: Renowned Human Rights Lawyer and Senior Advocate of Nigeria, Femi Falana was recently reported to have dragged certain personalities to the International Criminal Court, on the account of their involvements in what is now dubbed ‘Dasukigate’.  While the development is never unexpected of the respected learned silk who has overtime carved a niche for himself in the area of advocacy for the entrenchment of human rights, it would equally have been a commendable complement to the ongoing fight against corruption.

    However, as impressive as the audacity may seem, it only takes an in-depth study of international criminal law for one to accord a proper appraisal to the circumstance. To this end, it is essential for us to tarry a while, while we consider the propriety or otherwise of the action. The International Criminal Court was created by the Rome Statute as a permanent institution with the power to exercise its jurisdiction over persons alleged of the most serious crimes of international concern; playing a complementary role to the criminal jurisdictions of local judiciaries of member states. The court, being one of a limited criminal jurisdiction, has the extent of its jurisdiction spelt out in clear terms by the Rome Statute. It is expressly limited to the crimes of genocide, Crimes against humanity, War crimes, and the crime of aggression.

    To state the already known, Dasukigate involves an allegation that the erstwhile National Security Adviser in his magnanimity, distributed funds earmarked for arms to prosecute the fight against insurgency, among some political cronies. Now, assuming without the slightest concession that it is the position that criminal diversion of funds can be  so elasticated to fall within any of the definitions of ‘crime against humanity’, the fact of the sovereignty of member states further limits the extent of the Court’s ability to assume jurisdiction unrestrained. This informs the provision of the preamble in its paragraph 10, emphasizing that the court shall only be complementary to national criminal jurisdictions. This is further expressed in Article 17 (a) of the Statute where it states that “a case shall not be admissible by the Court where the case is being investigated or prosecuted by a state which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution”.

    Clearly, the above provision essentially hinges the assumption of jurisdiction by the ICC on the inability or unwillingness of the municipal system to put prosecution in motion. However, unlike itself, the Economic and Financial Crimes Commission (EFCC) has been up on its toes in the investigation and trial of all persons they deem deserving. This fact alone, reasonably expels all elements of unwillingness and inability on the part of Nigerian state to try the persons concerned. It is therefore wondered how the compliant under consideration can find its way into the ambit of the ICC’s jurisdiction.

    The rate at which attempts are made by compatriots to stretch the jurisdiction of the court to entertain matters having no nexus with the purpose for which the court was created is to say the least, disturbing. In 2015, the then opposition had in the build up to the elections, threatened to petition the ICC prosecutor over some hate speech credited to  the wife of the then President.

    The learned silk is one who has the respect of all for his industry and passion in the advancement of human rights. His integrity and character is in no way impeachable. But then, on this, like no other, I, respectfully argue, that it appears the radical senior counsel is beginning to treat a leprosy patient with herbs meant for the treatment of guinea worm. He is therefore advised to save the sledgehammer for some creatures other than the mosquito.

     

    • Akintola Makinde,

    Abuja.

  • Falana to Okonjo-Iweala: I want to stop impunity

    Falana to Okonjo-Iweala: I want to stop impunity

    Lagos lawyer, Femi Falana (SAN), on Wednesday said his petitions to anti- graft agencies and the Special Prosecutor of the International Criminal Court (ICC) were anchored on law and facts, insisting that he has nothing personal against any person in the ongoing battle to end impunity and retrieve the nation’s looted funds from corrupt elements and institutions.

    Falana made this declaration while reacting to comments credited to the former Minister of Finance, Dr. Ngozi Okonjo-Iweala following his petition to the ICC for investigation into alleged crimes against humanity by serving and retired military officers and their civilian accomplices who were alleged to have diverted over $8 billion earmarked for procurement of arms for counter insurgency operations in the northeast.

    The lawyer declined to exchange what he termed “vulgar abuse” with the former minister who he said was attempting to extricate herself from the mass looting of the commonwealth under her watch.

    He said Dr. Okonjo-Iweala is always quick to deflect criticisms by accusing anyone seeking to hold her to account for her appalling records in government of ulterior political motives.

    He recalled that when a former Governor of the Central Bank of Nigeria, Prof. Chukwuma Soludo, alleged that about N30 trillion could not be accounted for under her watch, he (Soludo) was described as  “an embittered loser” in the Nigerian political space.

    “When Comrade Adams Oshiomole questioned the illegal withdrawal of $2 billion from the Excess Crude Account, he was accused of having animus towards her because she had blocked Edo State from obtaining a loan,” Falana stated.

    The rights activist said the ex- minister‘s claim that he is not familiar with the mandate of the ICC shows that she has not been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda), and the warrant of arrest for Ahmad Harun, (Sudan).

     

  • Alleged $2.1b arms scandal: Okonjo-Iweala slams Falana for comment

    Alleged $2.1b arms scandal: Okonjo-Iweala slams Falana for comment

    Former Minister of Finance Dr. Ngozi Okonjo-Iweala has described as a joke, attempts by Mr. Femi Falana (SAN) to link her to the alleged $2.1 billion arms scandal.

    Dr. Okonjo-Iweala, in a statement by her media adviser, Paul Nwabuikwu, said she “has absolutely nothing to do with the alleged misuse of $2.1 billion by the Office of the former National Security Adviser”.

    The statement said: “Falana and his sponsors are simply trying to invent a connection, where there is none.”

    She noted that she “sought and received the approval of former President Jonathan for the release of part of the newly returned Abacha funds to the NSA for purchase of arms, which is totally separate from the $2.1 billion issue”.

    On the recovered Abacha funds, the statement added: “Some of the funds recovery was done under the regime of General Abdulsalami Abubakar and the first term of President Olusegun Obasanjo, when Dr. Okonjo-Iweala was not even in government.”

    During her time as Finance minister in the second term of Obasanjo administration, Dr. Okonjo-Iweala said: “$500 million was recovered. As documented by the Field Study conducted by the World Bank with the assistance of national and international NGOs, this amount was properly applied. Falana’s insistence on the contrary shows how despicable he is and how he is ready to ignore facts and concoct a fiction in the service of his sponsors.”

    On her fight against corruption while in office, Dr. Okonjo-Iweala described Falana as “callous beyond belief for ignoring a fact of recent Nigerian history: the kidnap of Professor Kamene Okonjo, the then 83-year-old mother of Dr. Okonjo-Iweala, by agents of fuel subsidy fraudsters, who were angry that the former minister had blocked them from defrauding the country further.”

    According to the statement, “the kidnappers had told the traumatised old woman that they were sent to punish Dr. Okonjo-Iweala for refusing to pay some oil marketers. It is on record with the Department of State Services (DSS) that the kidnappers initially demanded the resignation of Dr. Okonjo-Iweala in return for the release of her mother. Thank God Professor Okonjo is still alive to tell her story today and she will not be silenced.”

    She accused Falana and his alleged sponsors of engaging “in nothing, but media harassment, cyber-bullying and intimidation against innocent persons like Dr. Okonjo-Iweala for political and pecuniary gain”.

  • Falana urges ICC to probe Dasuki, others

    Falana urges ICC to probe Dasuki, others

    Lagos lawyer Femi Falana (SAN)  has urged the International Criminal Court (ICC) to investigate alleged crimes of inhumanity against some former and serving military officers, including former National Security Adviser Col. Sambo Dasuki.

    The request is contained in a petition of January 19 to the Prosecutor of the ICC, Mrs Fatou Bensouda.

    Falana urged the ICC prosecutor toinvestigate the allegations of the diversion of the security fund of $2.1 billion and N643 billion earmarked  “by suspected perpetrators, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction”.

    He urged the court to invite representatives of the Federal Government to provide written or oral testimony.

    The lawyer pleaded with the prosecutor to bring to justice those suspected to have deliberately underfunded the armed forces through widespread and systematic corruption.

    He urged the government to fulfil its obligations under the Rome Statute to cooperate with the ICC by complying with the requests to arrest and surrender suspected perpetrators of the  criminal diversion of security fund and provide other support to the ICC.

    The lawyer, whose firm represented a majority of the soldiers charged with mutiny, cowardly behaviour and sundry offences before the court-martial instituted by the former military authorities, said the only “offence” proved against the soldiers were that they had the temerity to demand weapons to fight Boko Haram.

    Falana alleged that the insurgents have killed about 25,000 soldiers and civilians.

  • Falana to Fed Govt: obey orders on Dasuki, Kanu

    Falana to Fed Govt: obey orders on Dasuki, Kanu

    Lagos lawyer Femi Falana (SAN) has asked the Federal Government to obey the court order granting bail to former National Security Adviser (NSA) Col. Sambo Dasuki and leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu.

    In a statement, entitled: “The orders for the bail of Dasuki and Kanu should be obeyed”, Falana said the alleged refusal of the Department of State Services (DSS) to obey the order admitting them to bail, coupled with the failure to re-arraign Dasuki on fresh charges, amounted to impunity.

    The lawyer noted that for the 16 years that the Peoples Democratic Party (PDP) was in power, the Federal Government exhibited total contempt for the rule of law, in which the constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis.

    According to him, one of the reasons Nigerians voted for President Muhammadu Buhari was his promise to fight corruption and end impunity.

    “Therefore, he has a duty to ensure that all organs and officials of the government operate within the ambit of the law,” the lawyer said.

    Falana said the President should not allow overzealous security personnel to engage in impunity and thereby expose the government to unwarranted embarrassment.

    “The decision of the DSS to ignore the order admitting Col. Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity. If the Federal Government was aggrieved by the order admitting Col. Dasuki to bail, it should have challenged it at the Court of Appeal.”

    Falana said the order admitting Kanu to bail should also be complied with.

    To him, if the Federal Government had other charges against both suspects, it should file them in court.

    “There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favour of criminal suspects should be obeyed without further delay,” he said.

  • 70 soldiers sentenced to death by courts-martial, says Falana

    70 soldiers sentenced to death by courts-martial, says Falana

    Lagos lawyer Femi Falana (SAN) yesterday clarified that 70 soldiers and not 66 were sentenced to death by two military courts-martial last year.

    He gave the clarifications in a statement issued in Lagos yesterday in reaction to the claims of the Army Public Relations Officer (PRO), Sani Usman.

    The Army PRO said at the weekend that the Chief of Army Staff, Lt-Gen. Tukur Buratai, had commuted the death sentenced passed on 66 soldiers, who were convicted last year by two courts-martial.

    Giving a breakdown of those sentenced to death, Falana said his chamber defended 58 of the convicted soldiers.

    “Twelve soldiers were convicted in September 2014 and sentenced to death by a court-martial for demanding for weapons when the General Officer Commanding, the 7th Division of the Nigerian Army, visited a military camp in the war zone while 58 others were convicted and sentenced to death in December by another court-martial for demanding for weapons to fight the insurgents .

    “Therefore, the number of soldiers who were sentenced to death by the two courts-martial is 70 and not 66,” he said.

    The lawyer gave the names of four convicts, who have been left out of the commuttal of the death sentence to 10 years’ imprisonment as LCP Bankole Taiwo,  LCP Ayodele Olawale, LCP Isiah Osofu and Adebayo Gbenga.

    Although the soldiers were charged with mutiny, Falana said the only allegation proved against them at the courts-martial was that they protested the refusal of the military authorities to provide weapons to fight insurgency.

    Unlike many soldiers, who deserted the army, he said the convicts were ready to defend the territorial integrity of the country, adding that they only made a legitimate demand for equipment to fight the insurgents who were better equipped and motivated.

    He gave further clarification that the second batch of convicts actually fought and defeated the Boko Haram troops at Delwa in Borno State when weapons were eventually made available to them “but for having the temerity to demand for weapons, they were convicted and sentenced to death”.

    Urging the Chief of Army Staff to further review the case of the convicted soldiers, Falana said: “In demanding for weapons, the soldiers were exercising their right under Section 179 of the Armed Forces Act, which provides that a soldier could make a complaint to his commanding officer without any fear of punishment for having made a complaint’’.

  • Falana asks minister to review army officer’s conviction

    Falana asks minister to review army officer’s conviction

    Lagos lawyer, Femi Falana‎ (SAN) has urged the Minister of Defence, Gen. Mansur Mamman Dan-Ali (rtd) to review the conviction of Brig. Gen.  E. A. Ransome-Kuti by the special military court.

    ‎The request contained in a letter addressed to the minister, dated December 7, 2015, was made pursuant to Section 149(1) of the Armed Forces Act (CAP A20) Laws of the Federation of Nigeria, 2004.

    Falana said, “An accused may, within three months after being sentenced by a court- martial and before the sentence is confirmed, submit to the confirming authority any written matter which may reasonably tend to affect the confirming authority’s decision whether to disapprove a finding of guilt or to approve the sentence.”

    ‎He explained that it has become expedient for the military authority to review the conviction of Gen. Ransome-Kuti since the subordinate officers in HQ MNJTF charged and tried for the same offences have been discharged and acquitted.

    “Of interest is the fact that our client who had no direct control of the troops and assets was found guilty while his subordinate officers such as the Commanding Officer 134 Battalion, Commanding Officer 174 Battalion and Garrison Commander MNJTF Garrison who had direct control of the troops and assets were freed during their trial which took place at the Army Headquarters Garrison, Abuja,” he stated.

    ‎Falana recalled that Gen. Ransome-Kuti was initially arraigned on May 4, 2015 before a General Court Martial (GCM) composed of eight members.

    However, he was later tried by a Special Court Martial (SCM) made up of four members namely –  Maj. Gen. O.E Ekanem as the President and Maj. Gen. E.O Nze, Maj. Gen. L.C Ilo and Maj. Gen. E.C.N Obi as members.