Tag: Falana

Rights activist, Femi Falana (SAN) has praised the judiciary for upholding truth and justice with the Supreme Court’s decision yesterday to decline jurisdiction over an appeal by Segun Oni of the People’s Democratic Party (PDP).

He spoke in Abuja yesterday while reacting to the apex court’s decision.

He said the decision was a further confirmation of the finding of the Appeal Court tribunal which nullified Oni’s election in a judgment given on October 15, 2010 at the Court of Appeal, Ilorin.

Falana said but for the moral laxity in the country, lawyers engaged in the case by Oni, who knew that before now, governorship election matters end at the Court of Appeal, but chose to just belabour the court should have been sanctioned.

Falana, who faulted President Goodluck Jonathan’s reference to Plateau State Governor, Jonah Jang as the Chairman of the Nigerian Governors’ Forum, said the country has become “a nation of anything goes.”

The rights activist, who was part of Fayemi’s legal team, contended that but for his observation that arbitrariness has become a norm in the country, Oni and his party would not have thought they could succeed with the frivolous appeal they filed.

“Once again, the position of the Court of Appeal, with respect to the finding of Justice Isa Ayo Salami, was again confirmed by the court today.

“With this, and the fact that Justice Salami has been investigated and exonerated by those who are empowered by law to do that, there is no basis for keeping him out of office,” Falana said.

Reacting to the verdict, Governor Fayemi himself had said he received yesterday’s decision with relief mixed with indifference.

“Indifference because I was not surprised and because I believe that the judiciary in Nigeria is not as desecrated in the manner it has been demonised.

“I believe the judiciary is still the last bastion for those who feel cheated and oppressed in the country.

“So, I had no problem with Mr Oni and his party going to court, in the first instance, to seek judicial reprieve. After all, I went to court and I got my mandate back via the court.

“So, there was no issue with that. But, I think there is a difference between seeking judicial reprieve to correct a wrong done and taking the judiciary on a wild goose chase, on a frivolous petition.

“And, there is no other word that one could use for what had just culminated in indecision we heard this morning than an abuse of court process.

He canvassed the establishment of an electoral offences commission to punish electoral offenders and deter people who, not only manipulate electoral process, but file frivolous application to clog judicial process.

“Part of the reason why we are in this mess is that not a single person has been convicted for electoral offence in Nigeria since the commencement of this democracy in 1999.

“Oni would not have had the temerity to do this if he had been convicted for rigging an election

He noted that people now file frivolous election petition, with the hope that the person against who the petition is filed will approach them for settlement.

Fayemi said he sees no reason to do that because he did not steal his mandate.

The police have taken sides in the Rivers State Peoples Democratic Party (PDP) crisis, Lagos lawyer Femi Falana (SAN) alleged yesterday.

He warned that President Goodluck Jonathan could lose his moral right to enforce law and order in other parts of the country, “if he fails to stop the impunity in Rivers State”.

Nobel Laureate Prof. Wole Soyinka had also called for an end to impunity in Rivers.

The President is believed to have an axe to grid with Rivers State Governor Chibuike Amaechi over their political differences.

The offensive against Amaechi is spear headed by Minister of State for Education Mr. Nyesom Wike.

An Abuja High Court nullified the tenure of PDP chairman in Rivers State Mr. G. O. Ake who is believed to be loyal to Amaechi following which Felix Obuah, with the backing of Wike was sworn in, along with his executive.

Yesterday Falana said the judiciary and the police have taken sides.

But police commissioner Mbu Joseph Mbu has always denied being partisan.

In a statement, Falana accused Rivers police of acting contrary to the police code of ethics, prepared by Inspector General of Police Mohammed Abubakar and launched by President Goodluck Jonathan on January 10 in Abuja.

Falana said: “In Rivers State, the Nigeria Police Force has openly and brazenly alligned with a faction of the Peoples Democratic Party that is considered loyal to President Jonathan in the face-off with Governor Amaechi.

“In a disgraceful manner a combined team of the police and armed thugs have occupied the secretariat of a local government for several weeks in defiance of a court order.

“In the violent clashes that have been supported by the police, one person was reported to have been killed while several others have been injured.

“The police orderlies attached to the officials of the executive and legislative arms of the Rivets state government have been withdrawn on the orders of the authorities in Abuja. Since the police and security personnel assigned to protect Governor Amaechi may also be withdrawn any moment from now let the Inspector-General of Police and the Rivers State Commissioner of police be warned that they may be charged with conspiracy and treason if the embattled governor is kidnapped or killed by the official thugs. It is indisputable that the undisguised partisan role of the Nigeria police in the political crisis in Rivers state is a total negation of the letter and spirit of the New Police Code of Ethics fashioned out by the Inspector-General of Police,Mr Mohammed Abubakar and launched at Abuja on January 10, 2013 by President Jonathan. In the said Code it is specifically stated that.

A police officer shall perform all duties impartially, without favour of affection or illwill and without regard to status, sex, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and in carrying out their responsibilities officers will strive to obtain maximum cooperation from the public.They will conduct themselves both in appearance and composure in such a manner as to inspire confidence and respect for the position of public trust they hold.”

“Since all police officers are bound by the said Code of Ethics the Rivets state commissioner of police ought to be sanctioned for not maintaining a neutral position in the political crisis in Rivers state and for willfully treating the order of a competent court of law with contempt. Having regard to the commitment of the Nigeria Police Force to treat all citizens equally the political office holders should not be subjected to any discriminatory treatment on he ground of their alleged loyalty to Governor Amaechi. Like their counterparts in other states of the Fedration the Rivers state political office holders should have their orderlies restored without any further delay.

“Let the Police and the Judiciary stop taking sides in the political crisis in Rivers state as they ate required to be fair to all concerned.On his part President Jonathan should be made to appreciate that he cannot afford to toy with the security of any part of the Federation on the basis of political differences with some state governors.

“Therefore, he should ensure that the impunity in Rivers state is terminated forthwith. Or, he loses the moral right to enforce law and order in other parts of the country.

Falana added: “Jonathan declared a state of emergency in Adamawa, Borno and Yobe states following the break down of law and order in the North East zone of the country arising from the mayhem unleashed on innocent people by the dreaded Boko Haram sect.

Since then there has been massive deployment of the armed forces in a bid to contain the insurgency. In a similar vein, the Federal Government has ordered a crackdown of the members of the Ombatse cult group who ambushed and butchered 46 policemen and 10 operatives of the State Security Service while on official duty at Allako, Nassarawa State on May 9, 013.

Even though belated the declaration of a state of emergency in the affected states has been commended by the generality of Nigerians regardless of political or ideological differences. However, it is disturbing to note that the Federal

Government which is striving to restore law and order in the North East zone has deliberately allowed lawless armed gangs in Nassarawa and Rivers states to engage in violent activities in furtherance of dubious political objectives

and thereby cause a breakdown of law and order.

“In the case of Nassarawa it is on record that Governor Tanko Al- Makura had proscribed the Ombatse cult group in November last year.

“But the order was deliberately not enforced by the security agencies in order to settle political scores with the Congress of Political Change (CPC). Hence the group has continued to wax stronger in terrorizing innocent people and killing them including the 56 police and SSS operatives.”

The Centre for Advancement of Justice and Peace in Emerging Democracies (ICJAPED) has petitioned the United Nations High Commissioner for Human Rights (OHCHR) to investigate alleged Rivers State security siege.

In the petition, signed its Co-ordinator for African Region, Dr. Stephen Briggs and Secretary General, Chike Nwokobia, the group urged the UN to avert anarchy in Rivers State.

The petition reads in part: “For emphasis, the past three weeks has portrayed Rivers State as being in a season of societal lunacy and political deadlock with very embarrassing actions meted on the Rivers State Governor, Chibuike Ameachi, members of the Rivers State House of Assembly, political office holders and other officials of government. These actions are considered highly repressive and against the tenets of a true democracy.

“As a major civil society group, we resolutely and explicitly condemn the repressive actions and characters behind the Rivers state situation as we believe that the present political deadlock in the State is already having devastating effect on many things including business to social order.

“Also, we strongly believe that unless this deadlock is broken, Rivers State may witness serious breakdown of law and order, with a high probability of being another centre for violent crimes which may be worse than the present Boko Haram terrorist activities in some Northern states of Nigeria.

“The alleged altercation between President Goodluck Jonathan, the Commander in Chief and elected President of the Federal Republic of Nigeria and Governor Chibuike Ameachi, the Governor of Rivers State began late last year following rumours that Governor Ameachi would be seeking a higher political position. This, even though regarded as mere speculation, did not go down well with Presidency because ever since then, the Rivers state governor, Chibuike Amaechi has no doubt witnessed a series of embarrassing castigations from mostly those loyal or sycophantic to the Presidency.”

“The list of increasing political repressions visited on Governor Ameachi in the past four months as recorded in the media are not exhaustive. Interestingly, both men share many similarities, while Mr. President is the National Party Leader of the ruling PDP Party, Governor Ameachi is the Rivers State Leader of the same party and both men are from the same geographical area known as South-South, one of the six regions of Nigeria. Apart from both powerful men in the crisis coming from two neighbouring states of Bayelsa and Rivers, both of them were at a time from the same state before Bayelsa was carved out of Rivers state on October 1st 1996. Unfortunately, today their good relationship has taken a nose dive with adverse political and socio economic consequences which transcends beyond their region.

“The Governors’ Forum within its short term of existence is known to have been able to accomplish huge success especially in putting in check the excesses of President Goodluck Jonathan particularly on initiatives that are considered unacceptable because of their perceived peculiar nature of being anti people and anti progressive for the overall development of the Nigerian nation by the Governors’ Forum.

“Consequently, to the above stated, we also seek the immediate intervention of the International community to investigate the above stated issues and call to order all erring persons for the preservation of Nigerian people, sustenance of Nigeria’s democracy and restoration of order.

Activist-Lawyer Mr. Femi Falana, SAN, has proffered a solution to the reckless killings of security men by the Boko Haram insurgents and others.

He spoke in a statement in Lagos at the weekend.

The lawyer said: “Last week, the security of the nation was once again put under severe test by the dreaded Boko Haram sect. In separate but coordinated attacks by the terrorist group, 55 people, including soldiers, policemen, prison officials and unarmed civilians, were brutally killed in Bama, Borno State.

“The Bama prison was attacked, leading to the illegal release of 105 prisoners. In a similar tragic incident, a cult group ambushed and massacred 46 policemen in Nassarawa State. Disturbed by the reckless bloodbath, President Goodluck Jonathan cut short his visit to South África and returned home to take charge of the embarrassing security crisis.

“Besides condemning the barbaric attacks by the terrorist organisations and commiserating with the bereaved families, President Jonathan reportedly held an emergency meeting with the country’s security chiefs. As usual, the Federal Government has assured Nigerians and foreigners of the security of life and property in the country.

“While joining other concerned Nigerians to console those who have lost their loved ones, I am compelled to call on the government to embark on concrete measures to halt the worsening insecurity in the North.

“It is inexcusable to deploy ill-trained, ill-equipped and ill-motivated soldiers and policemen in war zones armed with only AK 47 rifles without bullet proofs, serviceable vehicles and communication gadgets to fight suicide bombers, who carry more sophisticated weapons.

“It is common knowledge that security personnel buy their uniforms and kits. Those posted to the Northeast geopolitical zone are not provided with any accommodation, while salaries and allowances are irregularly paid. No life insurance is provided. The families of those who lose their lives are not officially informed and the meagre entitlements of the deceased are not promptly paid to their dependants.

“For the past three years, police stations and prisons have been targets of attacks by terrorists, but the government has not deemed it fit to secure such facilities. Last week, in a misdirected antagonism, angry policemen attacked hospital officials in Maiduguri as there were no sufficient facilities for the embalmment of the bodies of their colleagues, who have been killed by the terrorists. It is totally unacceptable that the hospitals and other medical centres in the war zone have not been upgraded. “When the UN building was bombed last year, many of the victims were ferried to South African hospitals for medical treatment. Although it was a shame for the country, the government did not bother since its own officials rush abroad for medical check-up and treatment. Owing to official negligence, many victims of bomb attacks die due to lack of adequate medical attention.

“In view of the foregoing, the Federal Government should stop shedding crocodile tears, having carelessly risked the lives of soldiers and policemen, who are made to fight guerilla wars without any training. The Federal Government should take urgent measures to train and equip the security personnel deployed in the battle fields, purchase helicopters for aerial survey of the Northeast zone, upgrade medical facilities including the provision of ambulances, fortify police stations and barracks as well as prisons and other detention facilities. The Mobile Unit of the Nigeria Police should be retrained and equipped to contain terrorism, kidnapping, insurrection and civil disturbances so as to limit the armed forces to the defence of territorial integrity of the nation.

“If the Federal Government continues to risk the lives of security personnel and expose the lives of the civilian population to danger in the war against terrorism, Nigeria may be sanctioned by the Security Council of the United Nations in view of the ongoing investigation into the Baga invasion being conducted by the government of an influential member of the body. Locally, the government is also liable to be dragged to local courts to pay damages to the victims of preventable deaths arising from the negligence of the state to secure the lives of Nigerians.”

Activist lawyer Femi Falana yesterday gave a reason former Inspector-General of Police (IGP) Mike Okiro was the wrong man for the chairmanship of the Police Service Commission (PSC).

Okiro, the Lagos lawyer said, belongs to the ruling Peoples Democratic Party (PDP) and therefore could not be hired to do the job.

Until his sack recently, the former IGP was a Special Adviser to the National Chairman of the PDP, Alhaji Bamanga Tukur on Security Matters.

Falana urged President Goodluck Jonathan to immediately withdraw Okiro’s nomination from the Senate

His words: “Having regard to the fact that President Jonathan had in the past removed registered members of the PDP from the leadership of the Independent National Electoral Commission and the Economic and Financial Crimes Commission Mr Mike Okiro’s nomination should be withdrawn from the Senate for another competent Nigeria who is not a card carrying member of any of the registered political parties in the country.

“President Goodluck Jonathan has just nominated a chieftain of the Peoples Democratic Party, Mr. Mike Okiro. On account of his experience in the Nigeria Police Force, he is qualified but by virtue of his membership of the ruling party, he is disqualified to be Chairman of the Police Service Commission. In line with the provisions of the Constitution the nomination has been forwarded to the Senate for confirmation.

“While the former Inspector-General of Police might have been qualified for the post

“The Police Service Commission is one of the federal executive bodies established under Section 153 of the Constitution, section 156 thereof provides that a member of any of such bodies “shall not be required to belong to a political party.

More importantly, section 42 of the Constitution provides that no citizen of Nigeria shall be conferred with any advantage or privilege that is not accorded to citizens of other political opinions. Furthermore, article 13(3) of the African Charter on Human and People’s Rights Act stipulates that all citizens shall have equal access to the public service of the country without discrimination whatsoever.

By the combined effect of the clear provisions of the afore-mentioned a body which is empowered to recruit and discipline all police personnel other the Inspector-General of Police is expected to be constituted by non partisan individuals of unimpeachable integrity.