Tag: Falana

  • Falana, when will you mind your own business?

    My dear FF, your frequent interventions in national affairs these days are getting me worried about how you harness your energies, time and resources at this critical period in your life. I read your statements on police permit for rallies, the kerosene subsidy palaver and the latest was your letter to the Auditor General of the Federation on the missing $20 billion illegally withheld from the Federation Account by the Nigerian National Petroleum Corporation (NNPC).

    In your letter dated February 7, you demanded a comprehensive audit of the federation account by the Auditor General of the Federation in order to reconcile the conflicting figures of both the Central Bank of Nigeria and the NNPC. You also threatened to take appropriate legal actions against the Auditor-General if he failed to act on your letter. You and I know that this was not the first time money will be missing from the NNPC.

    It started way back in 1977 when Vera Ifudu of the NTA had an exclusive interview with Senator Olusola Saraki on the findings of the Senate Committee that investigated the discovery of $2.8 billion in the account of a notable military officer in a Midland Bank branch in London.

    The Senate Committee’s findings contradicted those of the Justice Ayo Irikefe Panel which absolved the military officer from any wrong doing. Dr. Tai Solarin who helped in spreading the “rumour” through his column in the Nigerian Tribune was advised by Justice Irikefe to mind his own business when he failed to substantiate his claim when he appeared before the panel. Solarin’s confession that he heard about the missing money inside a molue angered Irikefe and his colleagues.

    I commend your consistency and commitment to the struggle for a just and better society, responsible leadership and good governance. However, I must warn that you have gotten to a stage in your life when you have to reflect on your activism and your participation capacity considering your age and your expanded family commitments, having attained the status of a grandfather. Just last month, I read that you lost your son-in-law, Juwon Majekodunmi, who got married to your daughter just a year ago. This may not have any direct connection to the struggle, it is just a way of telling you that there is need to re-strategise and possibly deploy and re-channel some of these energies and resources into some personal endeavours.

    I am concerned about the fact that after almost 35 years of “active activism” you are not showing signs of either withdrawing from it or slowing down the tempo of your anger against the nation’s political leadership. I must acknowledge though that your serial interventions in the Nigerian project have really helped us to achieve the little sanity that we have today, I still feel that the time has come for you to watch from the terrace or the sidelines how the game would be played without your involvement. The history of your activism is replete with so many instances of your confrontations with governments and their security agencies. Some of them were as dangerous as they were lethal. The number of persecutions you have suffered in the course of ensuring that our leaders govern the people, according to their oath of office and the laws of the land, is so massive that we your friends believe that only God could have made you survive them all, at least to date.

    I do not know of any government since the time of Alhaji Shehu Shagari in 1979 that you have not had dangerous encounters with. You were unsparing in your attack and condemnation of the high voltage profligacy and police brutality witnessed under the Shagari administration. You could not conceal your anger and bitterness against the outrageous electoral fraud and madness which characterised the 1983 elections nationwide. I must admit, however, that the Shagari administration was full of all kinds of evil capable of destabilising the mental constitution of even the most sober individual in Nigeria. It was a government of brigands. The brushes you had with the Buhari-Idiagbon administration were provoked by Buhari’s slide into tyranny after enjoying popular support from the people for overthrowing the Shagari’s administration. You also revolted against the Buhari administration’s decision to withdraw meal subsidy from all our universities. You protested and fumed against this oppressive policy but all to no avail. The kinds of travails you went through during the regime of Ibrahim Babangida were such that only a man of steel could have survived them. I remember very well that you, Beko and Gani were sent to Kuje Prison purposely because the government of IBB felt that was the only way to break you and your obstinacy.

    Ernest Shonekan could not even sit properly because of your incessant attacks on the constitutionality of his government. As an eye witness to some of these events, I can confirm that your presence at the daily protest at Ikeja under-bridge was instrumental to the dramatic step aside decision of Ibrahim Babangida. It was a fight-to-the-finish battle with the Abacha regime as you, Gani and Beko took his government to the cleaners with your vitriolic protestations against his despotic activities.

    My dear friend, I think there are some defects, structural and systemic, in our Aluta strategy. Have you not observed that all our past struggles/Alutas have only led to changes in characters and styles? Just when you think you have dealt with a Babangida and his antics, another character, possibly more evil than Babangida, for instance, an Abacha, would later surface on stage with his own style, his own evil, his own corruption, his own despotic and tyrannic tendencies and exploits and then, the struggle continues. What can we do to end the struggle? When do we have time to mind our own personal business? What profits do we derive from a national struggle that saps our youthful energies and faculties, and also threatens the peace of our old age? What is more pathetic is that some of our people, previously engaged and involved in this struggle, have been blighted by the struggles one-step forward, twenty-steps backward scenario, and have either joined them, the so-called oppressors, or have been settled to keep mute in the midst of evil, or have been disabled physically, mentally, spiritually and economically. You and I might have been favoured to still remain alive, blessed and prosperous, but does that confer on us any moral authority to berate those who have committed class suicide having seen the vanity and futility of a struggle that remains as it was in the beginning and appears to want to remain like that forever? The struggle may be your life but your life does not have to be all about struggles.

    That is why the Yoruba say: ta ba dagba a ye ogun ja, meaning our involvement in ware fare is halted by old age

    My dear friend, your involvement in the struggle at this age (approaching 60 years) illustrates one thing: that our generation has failed in evolving a succession plan. When I see Dr. Dipo Fasina (Jingo) still doing aluta at his age, I chuckle at our succession failure. If we started in our 20s and we have been involved in active engagement for more than three decades, what is wrong in handing over to some of our youths who have the vibrancy and the passion for activism? Is it that we don’t have confidence in them or we think they lack the capacity for revolutionary resilience? For all you know, some of these youths are not coming out because they see that some of you, the older generation, are unwilling to quit the stage for them or reluctant to carry them along because you seem to be enjoying the glamour and the publicity of activism.

    Your dominance and intimidating profiles are sufficient enough to scare these youths off the stage. We need to help them build their confidence and make them know that activism is not just about noise-making but about our individual commitment to a struggle that concerns our collective survival. Activism is not, and should not be, about intense competition for economic or political space but about how to use the available space to create some utilitarian value for all the occupants of the space. I am sorry to have introduced the age dimension into an issue that recognises no limitations in whatever respects. But who will not be bothered about the wastefulness of energy, time and resources which go into the campaign for a just society, a transparent process, and an accountable system? I am worried that the response and attitude of the state or the government to all the missing funds and corruption allegations are too perfunctory, unserious and unconvincing. What is more, the same citizens whose economic interests are being protected here, are the same people that are being mobilised for the neutralisation and circumvention of the campaign and the struggle. The Stella Oduah saga readily comes to mind. I still remember vividly how people carried placards to support her action because she is from their village. When, therefore, a struggle is developing complexities and such inexplicable contradictions or paradoxes, we need to re-evaluate the strategy of the struggle in order not to endanger the process of attaining the desired objective by unwittingly encouraging the abandonment of the beneficiaries of the struggle. Every struggle needs the people, hence the regular orientation and enlightenment of the masses. There should also be justification and rationale for our action, otherwise the campaign may end up relapsing into ineffectuality. For any struggle to sustain its objective, it is important to consider inclusiveness because of the potency of number as nothing tangible can be achieved from a struggle that notates exclusions.

    Femoo, I want you to tell me in all sincerity if you were not frustrated and disappointed when you were rejected by your own people in Ekiti when you contested for the governorship of the state on the platform of the National Conscience Party (NCP) in 2003. You must have been (mis)led into politics and the governorship race by the illusion (or is it impression) that your popularity and fame as an activist of untainted reputation would get you into power. Again, you would have thought that it was an opportunity for the people to compensate you for your activism over the years and for your past sacrifices to ensure good governance in Nigeria even at the point of death. Were you not shocked and bemused that the same people who refused to vote for you as the governor of Ekiti State enthroned a clown and a clueless fellow like Ayodele Fayose as the governor of a state like Ekiti which boasts of nothing less than three to four professors from every community. What do we call this? An anomaly? A paradox? Political ingratitude? An irony? A contradiction? Whatever name we give to it, there is no justification at all for an enlightened state like Ekiti to have opted for a Fayose where there is a Falana. Any system, nay, any society, where this kind of aberration is encouraged, is sliding into insanity. Though, some people claimed that you were unable to effectively fund your campaign, should that be an excuse for your rejection? Were your selfless sacrifices for the nation not sufficient to obliterate every financial disability? Were your incarcerations not enough to generate goodwill in place of financial insufficiency? Was the humiliation you were subjected to before you were made a SAN, when virtually all your juniors in the Bar had been made SAN, not an opportunity for the Ekiti people to console their son who was being persecuted for fighting an evil society?

    The truth is that our people are as confused as our nation. I salute your courage, my friend, because despite this rejection, you were quick to recover and, in no time, resumed your participation in the national struggle again. You refused to be frustrated by the system and the people of your state. You refused to allow the setback you suffered in your political ambition to affect your commitment to the people of Nigeria. But I must submit that the system or society that did this to you was unfair and unjust. I am not trying to rake up any animosity between you and your people but it is important that we all learn one or two lessons from your episode so that tomorrow a Kayode Fayemi will not lose election to an ungrateful Labourer, or a poultry thief or a failed banker. Or an Aregbesola losing election to a peripatetic rogue. We must as a people begin to learn how to reward people’s diligence and selfless services to their fatherland instead of commercialising our electoral potentials/assets.

    What I love about you, my dear friend, is that you have never accepted any political appointments despite having been offered on so many occasions. You, Gani Fawehinmi and Beko Ransome-Kuti declined political offices/appointments because you thought that it was a way of inducing compromise. Imagine what would have happened if you had served under Babangida, Abacha, Obasanjo or Jonathan. Your present campaign against NNPC’s missing funds and the kerosene subsidy would have been weakened by sentiments and partisanship. And once a struggle lacks credibility, it becomes very easy to discredit the campaigner.

    It is disheartening, though, that you will fight against a particular bad government or system, and when it is time to appoint people into the new government, some clowns and charlatans who never participated in the struggle will come from nowhere to come and reap from where they did not sow. Such is life.

    I am tempted to ask you to consider spending the rest of your life in the service of GOD by joining us in the Redemption Camp. But I am not too sure if you will not continue your struggle by descending on our redeemed pastors and their “flamboyant” lifestyles. This may be a very dangerous adventure.

    God, Himself, may be forced to ask you “why you are criticising another man’s servant.” In the church, struggle is regarded as a rebellion while activism is seen as a mutiny against the “heavenly hosts”. Remember that you left the Catholic Church as a page boy when you could not condone or agree with some of their doctrines. I want to believe that you are still very bitter with the Church. God does not encourage rebellion, so, I advise you to mind your domestic business by spending more time with Funmi. Folarin, Folakemi and Foladele. My dear friend, you need some rest after a long battle with this evil society.

  • Allegation against Rivers Majority Leader can’t be sustained — Falana

    Allegation against Rivers Majority Leader can’t be sustained — Falana

    Lagos lawyer,Mr.Femi Falana (SAN),yesterday labelled the conduct of the Rivers State Police Commissioner,Mr.Mbu Joseph Mbu,in arresting the Leader of the State House of Assembly,Mr.Chidi Lloyd for alleged double murder as embarrassing.

    Mr.Falana said in a statement that Mbu has “continued to expose the Nigeria Police Force to ridicule.”

    “From charging the driver who drove the legislator’s car with manslaughter,the CP decided to accuse the legislator of murder which cannot be sustained.”

    The police had alleged that Lloyd ran his car,a Sport Utility Vehicle (SUV),over a policeman and then proceeded to hit and kill a political opponent before attempting to flee Port Harcourt to escape arrest.

    They also claimed that Lloyd was arrested at the Air Force Base,Port Harcourt where a private plane belonging to Governor Rotimi Amaechi was waiting to fly the legislator out of the city.

    Both Governor Amaechi and Lloyd have rubbished the police version as a lie.

    Lloyd said contrary to police claim,he was arrested in his house and that he did not drive the vehicle in question.

    He said the SUV was driven by his driver who was arrested immediately by the police after the accident.

    He said the charges against him by the police were nothing short of political harassament.

  • Falana to challenge Iyayi’s ‘murder’ in court

    Falana to challenge Iyayi’s ‘murder’ in court

    Lagos lawyer Mr Femi Falana (SAN) has said he will challenge in court the alleged murder of former President of the Academic Staff Union of Universities (ASUU), Prof. Festus Iyayi.

    The former ASUU president died in a road accident involving the convoy of Kogi State Governor Idris Wada on his way to Kano to attend the National Executive Committee (NEC) meeting of ASUU.

    Some people have alleged that Iyayi could been murdered, following the alleged discovery of a hole on his body.

    Falana said ASUU and Iyayi’s family had mandated him to challenge the “murder” of the late academic in court.

    He spoke in Benin after a solidarity march by ASUU and civil society groups as part of activities for the funeral rites of the late union leader.

    The lawyer urged ASUU not to relent in the struggle that claimed Iyayi’s life.

    He vowed to check the recklessness of government officials on the highways.

    The march began at the Faculty of Social Sciences of the University of Benin (UNIBEN) at 10am and terminated at the home of the Iyayis, about five kilometres from each other.

    The Chairman of UNIBEN-ASUU, Dr. Anthony Monye-Emina, described the late Iyayi as the hero of the union’s struggles.

    He said the later writer always spurred the union members to show true commitment to the struggle.

    Dr. Taiwo Oloruntoba-Oju of the University of Ilorin (UNILORIN) chapter of the union said the late Iyayi had cloned many other Iyayis.

    He urged the Federal Government to implement the agreement it signed with the late Iyayi and other ASUU officials instead of shifting the resumption date for lecturers.

  • Falana threatens IG, others with contempt

    Falana threatens IG, others with contempt

    Activist lawyer Mr Femi Falana (SAN) has urged Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN) to advise the Inspector-General of Police (IG) to desist from interfering with the fundamental rights of Nigerians to hold meetings and convene rallies.

    Reacting to the police cancellation of a colloquium on Freedom of Information convened by the Anti-Corruption Network, Falana threatened to file contempt proceedings against the IG and other police officers, who are allegedly treating the orders of the Federal High Court and the Court of Appeal with disrespect.

    The activist described the cancellation of the  colloquium scheduled to hold in Abuja by the police as a breach.

    He accused the police of dispersing all the local and international participants, including the Speaker of the House of Representatives as well as  the representatives of the Senate President, Attorney-General of the Federation and Minister of Justice,  the President of the National Industrial Court, the Chief Judge of the Federal Territory High Court, the Chairman of the Economic and Financial Crimes Commission (EFCC), the chairman, National Orientation Agency and diplomats from several embassies who gathered for the event  at the NICON Luxury Hotel, Abuja.

    He pointed out that the Police, by their action, has once again given the dangerous impression that the Federal Government has declared a war against organisations and individuals that are committed to the fight against corruption and abuse of office in Nigeria.

    He drew the attention of the IG to the case of All Nigeria Peoples Party versus Inspector-General of Police (2006) to butress his point.

    He said: “Having regard to the break-up of meetings and disruption of peaceful rallies by the police in recent time, we are compelled to urge you to draw the attention of the Inspector-General of Police to the case of All Nigeria Peoples Party v. Inspector-General of Police (2006) CHR 181 where the Federal High Court (Per Chinyere J) granted the following orders:

    “1.That the requirement of the police permit or other authority for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.

    2. That the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990, which require police permit or any other authority for the holding of rallies or processions in any part of Nigeria is illegal and unconstitutional as they contravene Section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.

    3.That the defendant is not competent under the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 or under any law whatsoever to issue or grant permit for the holding of rallies or processions in any part of Nigeria.

    4.And I make an order of perpetual injunction restraining the defendant whether by himself, his agents, privies and servants from further preventing the plaintiffs and other aggrieved citizens of Nigeria from organising or convening peaceful assemblies, meetings and rallies.”

    “Dissatisfied with the judgment of the Federal High Court the Inspector-General of Police filed an appeal at the Court of Appeal. In affirming the said judgment the Court of Appeal said inter alia:

    “If as speculated by law enforcement agents that breach of the peace would occur our Criminal Code has made adequate provisions for sanctions against breakdown of law and order so that the requirement of permit as a conditionality to holding meetings and rallies can no longer be justified in a democratic society.

    “Finally, freedom of speech and freedom of assembly are part of democratic rights of every citizen of the Republic; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

     

     

  • Falana seeks arrest of Wada’s driver

    Falana seeks arrest of Wada’s driver

    Lagos lawyer Mr Femi Falana (SAN) has urged the police to arrest and charge the driver of Kogi State Governor Idris Wada with manslaughter over the death of Prof. Festus Iyayi.

    Falana noted that though governors had immunity, their drivers were not immune from prosecution for criminal offences.

    The lawyer, in a statement in Lagos yesterday, also said Wada should bear the responsibility for the accident in which Prof Iyayi died.

    He said: “Governor Wada is vicariously liable for the criminal negligence of his driver, who killed Festus.

    “The Kogi State government should be made to pay huge compensation to ASUU and the family of Prof Iyayi.”

    The frontline lawyer recalled that on December 27, last year, Wada was involved in an auto crash at Ayingba, Kogi State.

    He said because of speeding, the governor’s car somersaulted several times before it crashed into the bush, injuring him, his driver and his orderly.

    Falana said Wada’s Aide-de-Camp (ADC) Idris Mohammed died in the accident.

    He urged officials of the Federal Road Safety Commission (FRSC) to henceforth monitor Wada’s movements to prevent him from killing more people on the roads.

    “The speed limit imposed on all drivers should apply to all citizens alike. In particular, drivers of governors who commit traffic offences must be brought to book,” Falana added.

  • Falana petitions IGP over Chima’s wife

    Lagos lawyer Mr. Femi Falana (SAN) has urged the Inspector-General of Police (IGP), Mohammed Abubakar, to release the wife of the Enugu State governor, Mrs. Clara Chime, from the Enugu Government House.

    In a petition to the IGP, titled: Demand for the immediate release of Mrs. Clara Chime from unlawful custody in the Enugu governor’s lodge, on November 1, Falana threatened to seek an order of the Federal High Court to compel the police boss to carry out his constitutional duty.

    The frontline lawyer complained that Mrs Chime had been kept incommunicado for over four months in the Government Gouse on an alleged directive of the governor.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Minister’s N225m cars: Falana says Fed Govt. can’t punish whistle blowers

    Minister’s N225m cars: Falana says Fed Govt. can’t punish whistle blowers

    LAGOS lawyer, Mr. Femi Falana (SAN), declared yesterday that it would be wrong of the federal authorities to punish anyone for exposing the purchase of N225 million armoured vehicles for the Minister of Aviation, Stella Oduah, by the Nigerian Civil Aviation Authority (NCAA).

    Reacting to threat by the Director General of NCAA, Captain Fola Akinkuotu, to deal with the whistle blowers, Falana described the threat as the height of official insensitivity, arrogance and impunity.

    The senior advocate, in a statement, said that government has not learnt from a similar threat to sack the then police commissioner in charge of the Police College, Ikeja for allegedly allowing Channels Television to expose the rot at the institution.

    He said the minister and her cohorts should have been fired by President Jonathan.

    According to him: “Since Captain Akinkuotu has not been properly advised in the circumstance, he should be told that by virtue of section 39 of the Constitution, the citizens of Nigeria, in and outside the public service, have the fundamental right to  freedom of expression including the right to  disseminate information on public affairs.

    “As far back as 1983, the provisions of the criminal code pertaining to sedition had been declared illegal and unconstitutional in Arthur Nwanlkwo v The State. In that historic case the late Olatawura JCA (as he then was) cautioned public officers thus:

    “Those who occupy sensitive posts must be prepared to face public criticisms in respect of their office so as to ensure that they are accountable to the electorate.

    “They should not be made to feel that they live in an Ivory Tower and therefore belong to a different class. They must develop thick skin and where possible plug their ears with cotton wool if they feel too sensitive or irascible.

    “They are within their constitutional rights to sue for defamation but they should not use the machinery of government to invoke criminal proceedings to gag their opponents as the freedom of speech guaranteed by our Constitution will be meaningless.”

    The activist-lawyer added: “Indeed, in addition to the guaranteed freedom of expression access to official information has since been liberalised under the current political dispensation.

    “Thus by virtue of  the Freedom of Information Act, 2011 hoarding or hiding of information in the custody of the government has become a criminal offence. Incidentally, it was the Jonathan Administration which enacted the Freedom of Information Act.

    “Specifically, section 1 of the Act provides that the operation of the law shall be without prejudice to the Official Secrets Act. Therefore, gone are the days when public officials could be intimidated or sanctioned for leaking information  designed to expose corruption and abuse of office.”

    He added that since the whistle blowers in this case are civil servants, they cannot be sanctioned for performing their patriotic duty.

    He called for the removal of the Aviation Minister and the NCAA management for “engaging in grave economic crime and for exposing the federal government to ridicule.”

    Falana added that since the whistle blowers have not committed any offence known to law “they should ignore the provocative threats of Captain Akinkuotu.

    However, should they be identified, sacked and charged to court we shall defend them pro bono publico.”

    Akinkuotu, at a press conference on Friday, admitted the purchase of the vehicles but said they are operational vehicles for which provisions were made in the 2013 budget.

    The vehicles, according to him, are in the pool of the NCAA to convey   the minister and foreign dignitaries during visitations to the country.

  • …Falana asks EFCC to investigate transaction

    …Falana asks EFCC to investigate transaction

    Lagos lawyer, Femi Falana (SAN) has asked the Economic and Financial Crimes Commission (EFCC) to investigate the Aviation Minister, Ms. Stella Oduah, and some top officials in the Nigeria Civil Aviation Authority (NCAA) for economic crimes of fraud and extortion amounting to N255 million. The request was contained in a petition sent to the chairman of the EFCC by Falana dated October 18, 2013 and signed by Samuel Ogala on behalf of Falana and Falana Chambers. He warned that if the EFCC failed to commence investigation against the Aviation Minister within the next seven days, “we shall not hesitate to pray the Federal High Court to compel your Commission to discharge its statutory duty in respect of our complaint.” The petition is titled “Request for investigation of economic crimes of fraud and extortion of the sum of N255million by the Aviation Minister, Ms Stella Oduah”. The activist lawyer accused the minister of allegedly causing the Nigerian Civil Aviation Authority (NCAA) to purchase two bullet proof vehicles for her at the cost of N255 million. “In defence of the outrageous prodigal action, the Special Assistant to the Aviation Minister on Media, Mr. Joe Obi, claimed that Ms Oduah’s life has been under threat due to the so called reforms in the aviation sector. “Apart from the fact that the said threat to the life of the Minister was never reported to the Police, the extortion of the sum of N255 million from the NCAA, a parastatal under the Ministry of Aviation, is fraudulent in every material particular. “Specifically, the said sum of N255 million was not appropriated by the National Assembly while the officials of the NCAA who authorised the expenditure of the sum of N255 million exceeded their approval limit. “On her own part the Aviation Minister grossly abused her office by extorting the sum of N225 million from the NCCA. “In the light of the foregoing, we request you to investigate the economic crimes of fraud and extortion committed by the Aviation Minister, Ms. Stella Oduah and her cohorts in the NCAA,” Falana stated.

  • Falana gives govt ultimatum on child education

    Lagos lawyer and human rights’ activist Mr. Femi Falana has urged the Federal Government to comply with the judgment of the Economic Community of West African States (ECOWAS) Court on the right of every Nigerian child to education.

    He said if a report of compliance with the judgment was not filed in the registry of the court by September 30, he would file a suit in the ECOWAS Court to direct the relevant organs of the sub-region to impose sanctions on Nigeria for failure to fulfil its obligations under Article 77 of the Revised Treaty of the ECOWAS.

    The activist wrote a letter, titled: “Demand for compliance with the ECWAS Court judgment on the right of every Nigerian child to education”, addressed to the Attorney-General and Minister of Justice, Mr. Mohammed Adoke (SAN).

    A non-government organisation (NGO), Socio-Economic Rights and Accountability Project (SERAP), sued the Federal Government to the ECOWAS Court to seek an order for the right of every Nigerian child to education.

    Falana, counsel to SERAP, reminded the minister of Justice of the failure of the Federal Government to comply with the relief granted his client over 10 months after the ECOWAS Court delivered judgment in the matter.

     

     

     

     

     

     

     

     

     

  • Suntai’s health: Falana gets court’s nod for information from AGF

    A Federal High Court sitting in Abuja yesterday granted Lagos lawyer, Mr Femi Falana (SAN), the permission to apply for an order compelling the Attorney-General of the Federation (AGF) Mohammed Adoke (SAN) to disclose information on the health status of ailing Taraba State Governor Danbaba Suntai.

    Justice Elvis Chukwu granted the permission when he ruled on an ex-parte motion Falana filed at the court.

    The Lagos lawyer sought an “order of mandamus” compelling the AGF to give information on the mental and physical health of the governor.

    The motion ex-parte was brought pursuant to Order 34, Rules 1 and 3 of the Federal High Court Rules 2009 and Section 20 of the Freedom of Information (FoI) Act 2011.

    Justice Chukwu held that having gone through the processes that Falana filed, he was convinced that there was merit in them.

    He adjourned till September 16 the hearing of the substantive suit.

    In a supporting affidavit, Falana averred that his recourse to the court was informed by the AGF’s refusal to honour the request he made under the FoI Act, on August 27, for information on Suntai’s state of health.

    The frontline lawyer prayed the court to declare that the AGF’s refusal to accede to his request “is illegal and unconstitutional as it violates Section 3 of the Freedom of Information Act, 2011”.

    He argued that by the provision of Section 1 of FoI Act, every Nigerian is entitled to access information in the custody or possession of any public official, agency or institution.

    Falana’s letter to the AGF reads: “Following the involvement of Governor Danbaba Suntai of Taraba State in a plane crash in Yola on October 25, 2012, his Excellency arrived Nigeria on August 25, 2013, having undergone 10 months of treatment in Germany and the United States.

    “Barely a day after his return, a letter was delivered to the Taraba State House of Assembly, purportedly written by the governor, declaring his fitness and intention to resume office immediately.

    “In the letter written by the governor to the Assembly, he claimed to have fully recovered from the injuries he sustained in the October 25, 2012 plane crash without affording the public a copy of his medical report of mental and physical fitness.

    “Having confirmed that there is a medical report, we hereby request for information on the mental and physical fitness of the governor, as claimed in his letter to the House of Assembly.”

    Before adjourning the matter, Justice Chukwu, who is a vacation judge, expressed his intention to return the substantive suit to the court’s Chief Judge for a re-assignment to a regular court for hearing.