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Tag: Falana

  • $15 million arms deal: Sue contractors, recover funds, Falana tells FG

    Lagos lawyer, Mr. Femi Falana (SAN), has advised the Federal Government to sue the Isreali and two Nigerians arrested in South Africa in connection with the $15million arms deal with a view to recovering the money.

    He said in a statement issued in Lagos yesterday that

    there is substantial evidence to prove that the suspects, alleged to be contractors, breached the terms of the deal for the supply of the arms.

    “To that extent the Federal Government is perfectly entitled to sue them with a view to recovering the entire contract sum of $15 million.

    “As independent contractors, they were awarded contracts for the supply of arms by the Federal Government and paid accordingly.

    “It is indubitably clear that the suspects were negligent for failing to conduct due diligence.

    ” Hence, they were dealing with companies that are not authorized to trade in arms in South Africa. By the way, when was the responsibility of purchasing weapons for the armed forces of Nigeria  transferred from the Ministry of Defence to the office of the NSA,” he queried further.

    Falana stressed that since the Federal Government cannot be held vicariously liable for the alleged criminal activities of the suspects,  the office of the NSA ought not to have embarrassed the nation by giving the erroneous impression that Nigeria had breached the law of another country.

    “As a sovereign entity the Federal Government can place orders for the purchase of arms, either from another government or from independent arms dealers.

    “But when the office of the NSA decided to award contracts to private corporate bodies for the supply of arms, it could not have clothed them with immunity or licence to breach local or foreign laws”, he stated.

    “Notwithstanding their inexplicable negligence, the suspects should be advised to contest the order of  the High Court which authorised the seizure of the funds, he stated.

    The lawyer, however, asked the Federal Government to call the National Security Adviser (NSA), Col. Sambo Dasuki (rtd.), to order for dragging the name of Nigeria through the mud over the controversial $15million arms deal in South Africa.

    Falana said there was need for the NSA to be cautious as Nigeria as a country has not been implicated in any way in the deal.

    He advised, “instead of exposing Nigeria to further ridicule, the Federal Government should stop accepting responsibility for the alleged criminal actions of the suspects indicted in the alleged laundering of the sum of $15 million.

    He lamented that  the office of NSA has called to question the moral integrity of the Federal Government by threatening to deal with the South African government over the breach of the law by the private businessmen and corporate bodies involved in the suspicious transactions.

    “By asking South Africa to reciprocate the gesture of allowing  MTN and DSTV to operate  in Nigeria, is the Federal Government saying that both South African companies are allowed to breach the law of the land?”, he asked.

    He expressed regret that the National Assembly treated this matter of urgent national importance so cavalierly and in the process left many questions unanswered. “Otherwise, how could both chambers have failed to examine the statement of the NPA that the official explanations for the suspicious transactions are riddled with contradictions”, he said.

    Falana recalled that within the past three weeks, the Asset Forfeiture Unit in the office of the National Prosecuting Authority (NPA) in South Africa seized two tranches of funds totalling $15million being payment for the alleged purchase of arms by the Federal Government.

    He noted that initially, the sum of $9.3 million smuggled into South Africa by an Israeli and two Nigerians was seized last month.

    He said the suspicion surrounding the transaction was fueled by the disclosure that the South African company involved in the deal is not a licensed arms dealer and that the jet used to ferry the money belongs to Pastor Ayo Oritsejafor, the President of the Christian Association of Nigeria, who is very close to the Presidency.

  • Seized $9.3m: Oritsejafor breached law – Falana

    Seized $9.3m: Oritsejafor breached law – Falana

    Lagos lawyer, Mr. Femi Falana, on Monday said the President of Christian Association of Nigeria (CAN), Pastor Ayo Oritsejafor, whose private jet was allegedly used to smuggle $9.3 million into South Africa, breached the law and therefore cannot divorce himself from the controversy surrounding the money.

    Although Oritsejafor has denounced the two Nigerians and an Israeli arrested in connection with the money, Falana insisted that the influential pastor cannot dismiss the scandal with a wave of the hand, adding, “in recent time, some of our pastors have been indicted in the United Kingdom for investing church funds in business in violation of the Charity Act. “

    In a statement issued in Lagos, the rights activist contended that the explanation by CAN president that the jet was leased to another company is an admission of the breach of the law.

    He said, “A jet registered for the facilitation of evangelism cannot be leased to another company for commercial purposes as churches are registered under part C of the Company and Allied Matters Act (CAMA) as non-profit making organizations.

    “If Pastor Oritsejafor is lucky that he is not prosecuted for breaching the CAMA, he owes Nigerians a public apology. The CAN leadership cannot afford to engage in attacking its political opponents in a matter pertaining to the breach of the law.”

    Falana, who also noted that the federal government is presently relying on diplomatic resolution of the money laundering case pointed out that such effort will not yield any result.

    “Having not learnt any lesson from the disgraceful case of Chief James Ibori, the federal government is currently embroiled in an unnecessary controversy with South Africa over the arrest of two Nigerians and an Israeli for smuggling the sum of $9.3 million into that country.

    “The three suspects are alleged to have contravened the provisions of Section 30 of the Financial Intelligence Centre Act NO 38 of 2001 of South Africa which stipulates that a person intending to convey an amount of cash in excess of the prescribed sum of $10,000.00 to or from South Africa must report the prescribed particulars concerning that conveyance to a person authorized by the minister for this purpose.”

     

  • Attack on judges desecration of temple of justice, says Falana

    Attack on judges desecration of temple of justice, says Falana

    Lagos lawyer, Mr. Femi Falana (SAN) has described the attack Justices Segun Ogunyemi  and  John Adeyeye of the Ekiti State High Court by thugs as desecrating the temple of Justice.

    Falana urged acting Inspector-General of Police  Suleiman Abbah to ensure that all the assailants are arrested and prosecuted  adding that  the Ekiti State Police, having been compromised can no longer be trusted to do what is right.

    “Any attempt to cover up the brazen contempt of court should be resisted by the Attorney-General of Ekiti State, Mr. Wale Fapounda, who should take decisive measures to bring the criminals to book. Let no one politicise the criminality of those who are bent on replacing the rule of law with rule of force in Ekiti State”, he advised.

    Falana said: “The rule of law knows no fear, it is never cowed down, it can only be silenced. But once it is not silenced by the only arm that can silence it, it must be accepted in full confidence to be able to justify its existence”.

    Falana therefore told the federal government to distance itself from the shameless display of brute force by an in-coming governor.

    The erudite lawyer emphasized that by “ desecrating the temple of Justice with the connivance of the Police the armed lumpen elements left no one in doubt that they have the full backing of the ruling party in executing the premeditated onslaught on the judiciary. So far, those who perpetrated the barbaric attack and their sponsors have their admitted ignoble role through public statements issued by them.

    “The Ekiti state governor-elect, Mr. Ayo Fayose has justified the shameful attack on the rule of law in Ekiti State by saying that his election cannot be challenged in court. This is a reminder of the Idi Amin era in Uganda when judges were killed while discharging judicial functions.  Mr. Fayose and his thugs should not be allowed to kill judges and lawyers before calling him to order”, he stated.

    He recalled that in his  reaction to the outcome of the Ekiti state governorship election held on June 21, 2014 , he expressed the view that the Ekiti people had gone back to Egypt adding “the mayhem unleashed on a high court judge, lawyers and litigants in the precinct of the Ekiti State High Court sitting at Ado Ekiti on Monday, September, 23, 2014 by a gang of hired hoodlums has confirmed that the Ekiti people have fully returned to the wilderness.

    “As the thugs were not brought to book they regrouped this morning(yesterday) and launched another attack on the High Court. In the process Justice Isaac Adeyeye was beaten up while the car of Mr. Rotimi Akeredolu, a former President of the Nigerian Bar Association was destroyed. Other judges and lawyers ran for dear lives”, he noted.

    Falana said that the Nigerian Bar Association (NBA) has the duty  to defend the rule of law and protect judges and lawyers in Ekiti State and at the national level and that the body should mount pressure on the Police Authorities to fish out those who beat up and chased the the judges and lawyers out of the Ekiti State High Court noting that even under the defunct military junta,  judges were never subjected to physical assault over their decisions.

    To buttress his views, the erudite lawyer referred to a suit,  Garba vs Federal Civil Service Commision (1998) 1 NWLR (PT 70) 449 where it was held by the Supreme Court (per Eso J.S.C.) that:

    “the military in coming to power is usually faced with the question as to whether to establish a rule of law or rule of force. While the latter could be justifiable a rule of terror, once the path of law is chosen the mighty arm of government, the militia which is an embodiment of legislature and executive must in humility bow to the rule of law thus permitted to exist.

  • Conferment of SAN on Onagoruwa belated, says Falana

    Conferment of SAN on Onagoruwa belated, says Falana

    Lagos  lawyer, Femi Falana (SAN) has described the conferment of the rank of Senior Advocate of  Nigeria (SAN) on former Attorney-General of the Federation, Dr. Olu Onagoruwa by the Legal Practitioners Privileges Committee (LPPC) as belated.

    In a statement in Lagos on Sunday, Falana said Dr. Onagoruwa ought to have been conferred with the rank by virtue of his appointment as the Attorney-General of the Federation by the military government of the late Gen. Sanni Abacha in 1993 pursuant to the LPPC guidelines.

    He, however, commended the Chief Justice of Nigeria (CJN), Justice Maryam Muktar-led LPPC for ensuring that justice was done at last.

    “Like Chief Fawehinmi, who was conferred with the rank of SAN towards the tale end of his life, Dr. Onagoruwa is being admitted, rather belatedly, when he can no longer take advantage of the title.  Even though it is a mere psychological relief at this stage of his life, he is likely to feel professionally fulfilled,” he said.

    Falana said the case of Dr. Onagoruwa has reopened the call for the democratisation of the selection for SAN rank for qualified lawyers in strict compliance  with section 42 of the Constitution.

    Falana said Section 42 of the constitution abolished discriminatory practice in the rank’s conferment.

    “This submission accords with the guidelines for the rank of SAN which have not pegged the annual award to any number of lawyers. In other words, there is no justification for picking 17 out of the multitude of lawyers that meet the prerequisites every year. After all, the LPPC approved the conferment of the rank on 25 legal practitioners in 2006. In the same vein, 25 legal practitioners were honoured with the rank in 2012,” he noted.

    He also argued that the case of Dr. Onagoruwa questioned the continued relevant of the rank of SAN adding: “It is illegal to continue to refer to the award as a privilege as it has become discriminatory and illegal not to confer the rank of SAN on any lawyer who satisfies the laid down criteria.

    “The deliberate exclusion of activist and radical lawyers from the inner bar is a painful reminder of the discriminatory treatment meted out to the first Nigerian lawyer, Christopher Sapara Williams by the colonial regime. Called to the English Bar in 1879 and the Nigerian Bar in 1898 Mr. Williams challenged obnoxious colonial laws and policies in court and organized rallies to campaign for the repeal of ordinances which violated the rights of the Nigerian people”, he stated.

    Falana recalled, “ at a period when human rights had been put in abeyance by martial law  Dr. Onagoruwa handled many cases of constitutional significance which questioned the basis of continued military rule. He had cause to challenge the arrest of “political extremists” like Ken Saro-wiwa, Minere Amakiri, Tai Solarin et al.                                                                                                              “When Chief Fawehinmi, Beko-Ransome-kuti and I were detained at the Kuje prison in 1992 under the obnoxious State Security(Detention of Persons) Decree No 2 of 1984 Dr. Onagoruwa was on hand to defend us. On account of his leading role in the defence of public interest cases he was subjected to crude intimidation by the military junta.

    “Instead of supporting progressive lawyers for leading the campaign for the restoration of democracy and rule of law in the country the reactionary forces who held sway in the legal profession at the material time teamed up with the military minions to harass them.

    “Chief Gani Fawehinmi was almost  struck out of the list of legal practitioners for popularising law reporting when only a handful of lawyers had access to certified true copies of the judgments of the appellate courts.  In order to preserve the conservative nature of the legal profession civil rights and radical lawyers were stigmatised for using the instrumentality of the law to question the status quo.

    “Notwithstanding their enormous contributions to legal development the Legal Practitioners Privileges Committee (LPPC) resolved never to confer the title of SAN on Chief Fawehinmi and Dr. Onagoruwa.  Hence, their applications for the rank were consistently rejected on the spurious ground that they were not “fit and proper persons” to be admitted to the inner bar. However, the legal establishment was exposed to self inflicted embarrassment when  Dr. Onagoruwa was appointed the Attorney-General of the Federation and Minister of Justice in December 1993 by the Sani Abacha junta.

    “But the Committee of senior judges and lawyers headed by the then Chief Justice of the country, the Late Justice Mohammed Bello,  decided to breach the law and refused to confer the rank on the Justice Minister. In a bid to justify its unjust decision the Committee instigated the Lagos State Ministry of Justice to approach the Supreme Court to set aside the verdict of the Court of Appeal, which had dismissed the charge of stealing brought against Dr. Onagoruwa.

    “Upon being served with the hearing notice Chief Fawehinmi invited me for a meeting to discuss the frivolous appeal. Since the human rights community had vehemently opposed Dr. Onagoruwa’s appointment Chief Fawehinmi asked whether we should handle the appeal. Since our opposition to the Minister’s appointment was on solid principle I made it clear to him that if the appeal was allowed in the circumstance the state would appeal against all decisions in favour of the members of the pro-democracy movement.

    “As Chief Fawehinmi had parted ways with Dr. Onagoruwa over his controversial appointment, I was given the task of informing him of the notice of the appeal and our decision to challenge the appeal on his behalf. I did and the Minister expressed dismay that his opponents were running from pillar to post in the bid to have him convicted.

  • Falana gives Fed Govt seven-day ultimatum to probe Sheriff, others

    Falana gives Fed Govt seven-day ultimatum to probe Sheriff, others

    Foremost human rights’ activist, Mr. Femi Falana, yesterday gave the Federal Government a seven-day ultimatum to investigate and prosecute former Borno State Governor Modu Ali Sheriff and other alleged sponsors of Boko Haram, based on the findings of the Usman Galtimari panel.

    He said if the government refused to act, he would apply to a court for a writ of Mandamus to compel the government to do so.

    Falana queried security agencies for not complying with the 2012 directive of the government to investigate and prosecute the sponsors of Boko Haram.

    The human rights’ activist, who made his position known in a statement, asked Sheriff to stop playing on the intelligence of Nigerians by denying his alleged link with the dreaded sect.

    He said before the Australian negotiator, Dr. Stephen Davis, indicted Sheriff, the Galtimari panel had raised issues of how Boko Haram emerged in Borno State from political militia in 2003 when Sheriff was the governor.

    He said one of the militias in Borno State, ECOMOG, was linked to Sheriff and should therefore be investigated.

    The statement said: “Yesterday (Wednesday), a former Governor of Borno State, Mr. Modu Sheriff, addressed a new conference in Abuja where he attempted to play on the collective intelligence of Nigerians by denying any link with the dreaded Boko Haram sect.

    “He was apparently reacting to his indictment by Rev. Stephen Davis, the international negotiator engaged by the Federal Government to dialogue with the Boko Haram sect to secure the release of the abducted Chibok girls.

    “In his news conference, Mr. Sheriff claimed that he only met the late Mohammed Yusuf, the leader of the Boko Haram sect, after he had been arrested by the Army.

    “As the Chief Security Officer in Borno State at the time, the ex-governor should open up on the circumstances of the extra-judicial killing of Muhammed Yusuf and his father-in-law, Alhaji Kuba.

    “Mr. Sheriff should explain to Nigerians the basis of the appointment of Alhaji Buji Foi, a Boko Haram leader, as the Commissioner for Religions Affairs in Borno State.

    “He resigned from the Sheriff administration before joining the Boko Haram sect. He too was extra-judicially killed after his arrest by the soldiers.”

    Falana said before the revelations of Davis, the Galtimari panel was more forthcoming that there were sponsors of Boko Haram and they should be prosecuted.

    He added:  “Before the revelation of Rev. Davis, the President Goodluck Jonathan administration set up the Amb. Usman Galtimari panel to investigate the genesis of the insurgency in the Northeast. The panel found inter alia:

          ‘The Report traced the origin of private militias in Borno State in particular, of which Boko Haram is an offshoot, to politicians who set them up in the run-up to the 2003 general elections. The militias were allegedly armed and used extensively as political thugs. After the elections and having achieved their primary purpose, the politicians left the militias to their fate since they could not continue funding and keeping them employed. With no visible means of sustenance, some of the militias gravitated towards religious extremism, the type offered by Mohammed Yusuf.

         ‘It recommended that the Federal Government should direct the security agencies to beam their light on some politicians who sponsored, funded and used the militia groups that later metamorphosed into Boko Haram and bring them to justice.

         ‘Government accepts this recommendation and directs the National Security Adviser to coordinate the investigation of the kingpins and sponsors to unravel the individuals and groups that are involved.”

    Falana also said a pronouncement by Sheriff was worth being looked into by security agencies.

    He said: “In 2006, Governor Sheriff told the whole world that he was not bothered by criticisms of his administration for non-performance because less than five per cent of the people in Borno State were literate.

    “It has been confirmed that the majority of the youths who “gravitated towards religious extremism” come from the over a million children who were denied basic education by the Borno State government under Governor Sheriff.

    “The ECOMOG militia group set up and funded by Governor Sheriff along with similar bodies were said to have constituted the roots of terrorism in the Northeast.”

    The human rights activist demanded the prosecution of Sheriff and vowed to apply for a writ of Mandamus if the government did not act on the recommendations of the Galtimari panel.

    He said: “Owing to the connection of Alhaji Sheriff with the Presidency, the security agencies have failed to implement the directives of the Federal Government, which were handed down since May 2012.

    “If the directives are not carried out within the next seven days, I shall apply to the Federal High Court for a writ of MANDAMUS to compel the security agencies to investigate and prosecute the indicted sponsors of terrorism in the country.”

    Falana made references to more findings and recommendations of the panel.

    The statement added: “According to the panel:

      It was reported that members of the sect have transformed themselves into dreaded criminal groups and were not known by various pious sounding Islamic names.

         “The groups, which had hitherto employed the use of crude and locally- made arms with few automatic weapons, are now linked to highly- sophisticated weaponry and explosives imported or smuggled into the country. Equally, their modus operandi had changed from mere confrontation with security agents to modern day terrorism with a high precision rate.

       “Politicians in the country have employed the services of thugs and other groups and associations with large youth membership to intimidate their political opponents during electioneering activities. The roots of terrorism, especially in Borno, Gombe, Yobe and Bauchi states, could be traced to groups or associations, such as ‘ECOMOG’, ‘Yan Kalare’ and ‘Sara Suka’, which have links to prominent politicians in these states. However, similar to the militant groups in the Niger Delta area, the groups usually grow out of control and become a threat to the politicians that supported and financed them.

    “States where sect members thrive should exercise the necessary political will to deal with this problem, notwithstanding the perceived implications to their sponsors.

    “Government accepts this recommendation and directs the security agents to work with the state government to deal with this matter.”

  • Falana asks rights commission to investigate death of awaiting trials in prisons

    Falana asks rights commission to investigate death of awaiting trials in prisons

    Lagos lawyer  Mr. Femi Falana has asked the National Human Rights Commission (NHRC) to  demand payment of exemplary damages to the families of prison inmates who had lost their lives on account of medical neglect.

    He also urged the commission to demand for the trial of all public officers whose negligence has contributed to the killing of prison inmates.

    In the  statement issued in Lagos on Sunday and titled, “Illegal Killing of prison inmates in Nigeria,” Falana urged the commission to investigate the illegal killing of convicts and awaiting trial inmates in prison custody in Nigeria following the failure of the Minister of Interior, Mr. Abba Moro to ensure the provision of adequate medical facilities in the prisons.

    He posited that since the prisons are not well secured the Federal Government is vicariously liable for the premature death of such prison inmates.  More worrisome is the fact that several prison inmates who are terminally ill may soo die due to lack of medical attention by the prison authorities. It is hoped that all measures are being put in place to keep the highly infectious ebola virus away from the prisons!

    The statement issued by Falana stated, “ On January 18, 2014, Mr. HamaniTidjani, a prison inmate died at the Kirikiri Maximum Security prison in Lagos. The deceased who was suffering from partial stroke was not given any medical attention by the prison authorities.

    “He was a citizen of Niger Republic who was arrested in Cotonou, Benin Republic and brought to Nigeria in September 2003 for invstigation and trial for some trans-border armed robberies and allied criminal offences.

    After a prolonged trial, he was convicted by an Ijebu Ode High Court in 2011 for receiving stolen goods and sentenced to a 10-year jail term.  “Although the deceased completed the sentence, he was however not released from prison custody as he was standing trial for similar offences in the Lagos High Court.

    “In the last one year or thereabout four other convicted prisoners of Nigerian nationality namely Messrs Ganiyu Adeniyi, Danda Akanbi, Thomas Odafe and Ariyo Osisanya had died in the same prison on account of medical neglect.

    “From the information at our disposal, the killing of prison inmates through medical neglect is not uncommon in all other prisons in the country’’.

  • Vacation Judge can’t set up panel, says Falana

    Vacation Judge can’t set up panel, says Falana

    Lagos lawyer Femi Falana (SAN) has said that a vacation judge does not have any power to set up an impeachment panel.

    In a statement in Lagos yesterday, Falana said it is wrong and a violation of the law for the leadership of the Nasarawa State House of Assembly to direct a vacation judge to set up a new panel to investigate Governor Tanko Al-Makura.

    According to him, “it is ultra vires, illegal and unconstitutional on the part of a vacation judge to usurp the powers of the chief judge by setting up an impeachment panel.

    He stressed that only the Chief Judge of a state, and no other  judge, is permitted to set up an impeachment panel under the Constiution.

    The activist recalled that the seven-member  panel set up by the chief judge of Nasarawa state to investigate the allegations of impeachable offences levelled against Governor Tanko Al-Makura has concuded its assignment.

    “Since the House of Assembly ignored the directive of the panel to substantiate the allegations against the governor, the panel dismissed them.”Once the governor has been exonerated by the impeachment panel no further proceedings shall arise from the allegations by virtue of section 188(8) of the Constitution.

    “However, completely dissatisfied with the clean bill of health given to Governor Al-Makura by the impeachment panel, the House of Assembly of Nasarawa state has decided to request the vacation judge to set up another panel to re-investigate the allegations which had been dismissed in favour of the governor.

    “It is pertinent to point out that apart from the chief judge of a state no other judge is permitted to set up an impeachment panel under the Constiution.

    “Neither can a panel set up by a vacation judge  be turned into an appellate chamber to review the proceedings and decisions of the impeachment panel set up by the chief judge in exercise of his exclusive powers under the Constitution”, he said.

    Falana said that in line with the development, the Nasarawa state house of assembly should be cautioned to desist from delibetately violating the clear provisions of the Constitution. “As the legislators are stopped from raising any of the issues which formed the subject matter of the impeachment charges which had been dismissed by the panel, they should be restrained from engaging in further acts of impunity”, he stressed.

  • Falana gives commission 14 days to probe rights’ abuse

    Falana gives commission 14 days to probe rights’ abuse

    Lagos lawyer Mr. Femi Falana has urged the National Human Rights Commission (NHRC) to probe rights’ abuse cases during last Saturday’s election in Osun State.

    He said the rights of the National Coordinator of the Human and Environmental Development Agenda, Mr. Lanre Suraj and others were violated by snipers.

    In a petition dated August 12 and titled: “Request for investigation of abuse of our client’s fundamental rights by snipers during the Osun State governorship election held on August 9, 2014″ and addressed to NHRC Executive Secretary in Abuja, Falana said Suraj was allegedly brutalised by snipers while monitoring the election in Osogbo.

    He gave the commission 14 days to carry out the investigation, adding: “Take notice that if you fail or refuse to accede to our request within 14 days of the receipt of this letter, we shall not hesitate to apply to the Federal High Court for a writ of mandamus to compel the commission to carry out its statutory duty in the circumstance.”

    He said: “Suraj was duly accredited by the Independent National Electoral Commission to monitor the Osun State governorship election. In the course of monitoring the election in Osogbo, our client was brutally assaulted by a gang of snipers without justification.

    “As the snipers were allowed to wear masks, our client was unable to identify any of them. Our client also witnessed the harassment and intimidation of other innocent people by the snipers. Our client’s request to the police to record the criminal activities of the official terrorists was turned down.

    “Having confirmed that the masked persons are not members of any security agency, we, hereby, request the NHRC to investigate their involvement in the election and the brutalisation of our client by the extra-legal security outfit. More so, that the Federal Government had vehemently denied knowledge of the existence of snipers in the country.”

  • Falana decries militarisation of poll

    Falana decries militarisation of poll

    Lagos lawyer Femi Falana (SAN) has urged Osun State Governor Rauf Aregbesola to ensure that those who infringed on the fundamental rights of residents during Saturday’s election are brought to book.

    Congratulating the governor on his victory, Falana said the “unprecedented militarisation of the electoral process should not be left unchallenged”, adding: “The brazen impunity that characterised the governorship election in Osun State must stop.”

    In a statement yesterday, he said: “An election that is fully militarised cannot be said to be fair and free. An election in which people were arrested and detained and disenfranchised cannot be said to be credible.

    “Therefore, Aregbesola, as the chief security officer of Osun State, must ensure that those who are responsible for the breaches of several provisions of the Electoral Act 2010, as amended and the infringements of the fundamental rights of innocent people are brought to book.

    “The deployment of 73,000 armed security personnel for the election by President Goodluck Jonathan was a declaration of war on the law abiding citizens of Osun State. More disturbing was the deployment of snipers, who were permitted to wear masks. The criminal elements shot sporadically into the air to intimidate the people.”

  • Army-civilian clash: Falana seeks removal of panel chair

    Army-civilian clash: Falana seeks removal of panel chair

    Lagos lawyer, Mr. Femi Falana (SAN) has said that Justice Ebenezer Adebajo (rtd.) is not competent to be the chairman of the judicial commission set up by the Lagos State government to investigate the army/civilian clash which occurred along Ikorodu Road, Lagos on July 4, 2014.

    He has, therefore, urged Governor Raji Fashola to remove Justice Adebajo from the judicial commission to investigate the incident  that led to the alleged burning of about 33 BRT buses belonging to the Lagos State Government  and the alleged  killing of a soldier.

    The request, which is contained in a letter addressed to Governor Babatunde Raji Fashola (SAN) also urged the governor to re-constitute the panel with the exclusion of Justice Adebajo and to replace him with another retired judge  as the chairman of the commission.

    The letter which is titled, “Request for re-constitution of the Judicial Commission into the army/civilian clash of July 4, 2014” and dated July 23, 2014 however clarified that the petitioner has nothing against the appointment of the other two members of the judicial commission, Nurudeen Ogbara Esq. and Jude Igbanoi Esq.

    Falana explained that his opposition  to the inclusion of Justice Adebajo in judicial commission stems from the fact that his appointment is not in line with section 36(1) of the constitution which stipulates that a court or other tribunal established by law shall be constituted in such manner as to secure its independence and impartiality.

    He stated, “The ground of our objection is that Justice Adebajo has been listed as a prosecution witness by the Attorney-General of Lagos State in a criminal case pending before the Lagos High Court. His lordship had complained to the Police that while he packed his car to greet a friend along Moloney Street, Lagos on March 1, 2012  he was hit by the driver of a commercial vehicle, Mr. Quadri Kasali.

    “Even though the allegation confirmed that it was a traffic offence, his Lordship caused the Lagos State Ministry of Justice to charge the suspect with attempted  murder before the Lagos High Court. The case is currently being prosecuted  by the Attorney-General of Lagos State on the basis of the complaint of the retired judge.

    “As Mr. Kasali could not afford the services of a legal practitioner for his defence  our law office decided to defend him pro bono publico. But to our utter dismay, Justice Adebajo and the Ministry of Justice ensured that the poor defendant was denied bail by both the Magistrate Court (where he was initially arraigned on a holding charge) and the High Court where he is currently being tried.

    “However, we succeeded in persuading the Court of Appeal to admit the defendant to bail in the most liberal terms. Thus, Mr. Kasali was able to regain his  freedom  after he had been detained in prison custody for about 18 months”, he stated.

    Falana stated further, with respect to the substantive case, that two witnesses have given evidence for the prosecution while Justice Adebajo is due to testify in the matter any moment from now.

    Although the trial judge, Justice Balogun has withdrawn from the matter on personal grounds, the case file has been sent to the Chief Judge for reassignment to another judge who will commence the trial de novo.

    “To that extent, Justice Adebajo is disqualified from heading the aforesaid Commission of Enquiry into the army/civilian clash on the ground of likelihood of bias”, Falana stated adding, “being a complainant and the principal witness in a case of attempted murder   arising from a traffic offence which is being  prosecuted by the Attorney-General of Lagos State,  Justice Adebajo cannot be said to be independent of the Lagos State Government with respect to the conduct of the proceedings of the Judicial Commission of Enquiry into the army/civilian clash traceable to another traffic offence .