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Tag: Falana

  • Re-designed naira notes: Falana seeks prosecution of Emefiele, others

    Re-designed naira notes: Falana seeks prosecution of Emefiele, others

    Activist-Lawyer Femi Falana is seeking prosecution of the suspended Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, and the management of the apex bank for alleged incitement and culpable homicide.

    The senior Advocate of Nigeria (SAN) also suggested that the apex bank should rebuild other banks’ buildings that were destroyed in the wake of the anger that was triggered by the scarcity of the new naira notes.

    According to him, compensation must be paid to the families of those who were killed as a result of the alleged incitement of members of the public.

    Falana made the call in a statement titled “CBN mopped up N3.5 trillion but disbursed N402 billion only.” He issued the statement yesterday in Lagos,

    He said the CBN, under Emefiele’s watch, misled Nigerians to believe that sufficient cash was distributed to commercial banks to replace the sum of N3.5 trillion mopped up from customers.

    The senior lawyer said because he was convinced that the suspended governor had lied and deceived Nigerians, they requested for information about the actual amount made available to each of the commercial banks.

    He said in its response to their request, the CBN has now confirmed that it issued redesigned currency notes of N402 billion only to the banks.

    Read Also: Obasanjo was wrong, says Adeniyi

    Falana said that in January, the CBN claimed that it had supplied the commercial banks with enough cash in line with its currency design policy.

    He said the apex bank purportedly directed security agencies to arrest and prosecute bank officials who were accused of sabotaging the new currency policy.

    The statement reads: “Based on the statement, Nigerians trooped to the banks to collect cash. As the cash was insufficient, customers became angry.

    “The mass anger over the cash crunch provoked customers who burnt bank buildings and destroyed Automated Teller Machines (ATMs) in some states.

    “The violence, paralysed social and economic activities, and claimed not less than five lives while many others were injured.

    “But for the Supreme Court, which extended the deadline for the withdrawal of the old naira notes up until December 31, 2023, the cash crunch would have made life more unbearable for the Nigerian people.”

  • Falana to ECOWAS: take advantage of crisis to launch ECO currency

    Falana to ECOWAS: take advantage of crisis to launch ECO currency

    Human rights activist Femi Falana (SAN) has urged the leadership of the Economic Community of West African States (ECOWAS) to take advantage of the political crisis in the region  to  launch the “ECO” currency.

    The human rights lawyer stated that  the 30 years struggle by ECOWAS to establish a regional currency  to promote trade and development in the region has been hijacked with the collaboration of some leaders, particularly President Emmanuel Macron of  France, who has taken over the responsibility of establishing and even printing the new currency. This,he said,  still showed  colonial influence. 

    Falana was the keynote speaker at the opening of the maiden West Africa Civil Society Week (WACSW23) in Lagos.

    The three-day conference, which ends August 31, was organised by the West Africa Civil Society Institute (WACSI) in collaboration with the West Africa Democracy Solidarity Network (WADEMOS), aims to delve into the pivotal role of civil society in safeguarding democratic values, consolidating regional development and navigating the complex contemporary landscape.

    He said:”The 30 years struggle by ECOWAS,  to establish a regional currency,  ECO to promote trade and development in the region have been hijacked with the collaboration of some leaders, particularly President Emmanuel Macron of  France  who has taken over the responsibility of establishing and even printing the new currency. This  still shows colonial influence. 

    We must take advantage of the political crisis in West Africa to launch the ECO as the currency for the region.”

    Falana urged  ECOWAS leaders approve a tenure of two terms for presidents without further delay, adding that in this era of military coup d’etat across West Africa it was imperative.

    “A tenure of two terms should be approved by ECOWAS for presidents in the region. In 2015, it was opposed by  Togo and the Gambia;  while in 2022 Senegal, and Cote D’Ivoire did the same.

    “We don’t want  military rule, our development will be constrained. There is urgent need to address tenure elongation in West Africa.What we call rule of law has become rule of the rich; rule of the few,” he added.

    Read Also: Falana to Nigerians: insist on transacting business with China in naira

    The human rights lawyer urged the regional body to end the reckless exploitation of  the natural resources of the member states of the ECOWAS by former colonial regimes and their allies. 

    Executive Director of  WACSI, Nana Afadzinu, said civil societies want democracy and good governance. She said they  oppose coup d’états and prefer constitutional rule and good electoral governance for peace, security, prosperity and collective well-being. 

    She urged the leadership of ECOWAS to reposition the regional body.”E

    COWAS, once our beacon of hope among regional economic bodies on the continent– a pace-setter and norm setter – seems to have lost the trust of its citizens and waned considerably in moral authority. We want our ECOWAS back- back to what it promised to be- that ECOWAS that wanted to be one of peoples and not states,” she said.

  • Falana to Nigerians: insist on transacting business with China in naira

    Falana to Nigerians: insist on transacting business with China in naira

    • Lagos lawyer urges Fed Govt to disclose foreign reserve status

    Activist-lawyer, Mr. Femi Falana (SAN), has urged Nigerians to insist on transacting business with Chinese in naira.

    In a statement yesterday, the popular lawyer said there is a subsisting agreement between the two countries on currency swap as a means of transacting businesses until 2024.

    Falana said he was recently used the Freedom of Information (FoI) Act in requesting the Central Bank of Nigeria (CBN) to provide information on the status of the currency swap agreement between Nigeria and China.

    “In its reply to my letter, the CBN confirmed that the currency swap agreement will not be due for renewal until 2024.

    “In spite of the confirmation of the currency swap, the CBN has not allowed Nigerians to transact business in China by paying in naira. 

    “However, since the currency swap is valid and subsisting, I call on the Nigerian business community to insist on transacting business in naira, including payment for goods imported from China,” he said.

    Falana recalled that Federal Government’s currency swap with and China was aimed at providing adequate local currency liquidity to Nigerian and Chinese industrialists and other businesses.

    The lawyer noted that the arrangement was aimed at reducing the difficulties encountered in the search for the United States (U.S.A) dollar.

    Read Also: Joeboy slams Burna Boy, says every artiste has substance

    According to him, the International Monetary Fund (IMF) and the World Bank, which superintend the Central Bank of Nigeria, colluded with the country’s apex bank to frustrate the currency swap.

    “The purpose of the economic sabotage is to promote the dominance of the United States dollar in Nigeria.

    “Hence, the Federal Government, state governments, and the business community have been prevented from transacting business in naira and Yuan.

    “Thus, by compelling Nigerians to pay dollars for goods imported from China, the CBN has continued to promote the unwarranted dollarisation of the Nigerian economy,” Falana warned.

    Also, the lawyer has urged the Federal Government to disclose the true status of Nigeria’s foreign reserve status.

    Falana made the request during a plenary session on: Getting the Economy Right: Decoding Nigeria’s Strategy for Growth, Diversification, Inclusivity and Sustainability at the 63rd annual conference of the Nigerian Bar Association (NBA) yesterday in Abuja.

    The lawyer noted that with the prevailing economic realities where the Federal Government was saving money from the removal of fuel subsidies, the NBA must hold the government accountable by getting involved and being proactive.

    “The CBN continued to maintain that our foreign reserve is $38 billion. But JP Morgan says it is $3.7 billion. It gave reason why our foreign reserve has gone down.

    “I suggest to the NBA to call on the Federal Government to give us the true picture of our foreign reserves.

    “By virtue of Section 16 of the CBN Act, ‘The Central Bank of Nigeria shall determine and fix the exchange of the naira, viz other currencies.’ There’s no room for market forces to fix the exchange rate of the naira.

    “So, it is not for the IMF and World Bank or market forces to fix it.”

  • Falana seeks FG disclosure of foreign reserve status

    Falana seeks FG disclosure of foreign reserve status

    Human rights activist, Femi Falana, a Senior Advocate of Nigeria (SAN), has asked the federal government to clear the confusion arising from figures surrounding the nation’s foreign reserve by disclosing its true status.

    He also said the Central Bank of Nigeria (CBN) has no basis to regulate the foreign exchange is illegal while adding that it has become pertinent for Nigerians to know the amount of money accruing to the sub-national government due to the recent increase in their monthly allocation from the Federation account.

    Falana spoke on Monday, August 28, during a plenary session on Getting the Economy Right: Decoding Nigeria’s Strategy for Growth, Diversification, Inclusivity, and Sustainability at the 63rd annual conference of the Nigerian Bar Association (NBA) held in Abuja.

    Explaining that with the new prevailing economic realities where the federal government is saving monies from the removal of fuel subsidies, Falana said the NBA must hold the government accountable by being involved and proactive.

    He said: “The CBN continued to maintain that our foreign reserve is $38b but JP Morgan says it is $3.7b and it gave reason why our foreign reserve has gone down

    “I suggest to the NBA to call on the Federal government to give us the true picture of our foreign reserves.

    “By virtue of Section 16 of the CBN Act ‘The Central Bank of Nigeria Shall determine and fix the exchange of the Naira Viz other currencies’, there’s no room for market forces to fix the exchange rate of the Naira. So, it is not for IMF and World Bank or market forces to fix it”.

    He also noted that the dollarization of the Nigerian economy has continued to create problems for the Naira.

    Falana also wondered why Nigeria has not been able to benefit from the Currency Swap arrangement to the tune of N750b with China five years after, which would have resulted in Nigerians transacting their businesses in China ought to use naira.

    He said: “In other words, any Nigerian that wants to transact business you pay in Naira, all the goods we want to bring from China we pay in Naira.

    “But what happened, the IMF and the World Bank said no, Mr Emefiele don’t allow it.

    “So, under the Freedom of Information Act, I wrote to the CBN about what has happened to the Swap arrangement. They first told me they were checking their records.

    “It was when I threatened to go to court that they wrote me a letter that the arrangement is still on and would not be due for renewal until next year.

    “So why are we not allowing Nigerians to transact business in China to spend in naira while Chinese companies in Nigeria pay in yuan?

    “Unless the government addresses dollarization of our economy we are going to be in trouble in perpetuity.”

    He however implored the leadership of the NBA to monitor the movement of government spending while also suggesting means through which the naira can be strengthened.

    He said: “I have a message for the bar, the Federal government earmarked $1.5b to fix the Port Harcourt refinery, the Port Harcourt branch of the NBA must please monitor that work, otherwise the money will fly.

    “For Warri and Kaduna refineries, $1.4b was earmarked by the Federal government, again our branches must monitor as directed by the NBA

    “On import from China, we have just been told that it is about $22b a year. Here I’m saying and I will make the letter available to the NBA which the CBN has now written that Nigerians transacting business in China can pay in Naira.

    “That would save and strengthen the naira and the rush, rat race for the dollar would stop”.

    He also tasked the NBA with the recovery of some funds due to the Federal government from the Nigeria Liquidised Natural Gas (NLNG) that the Nigerian National Petroleum Corporation Ltd (NNPCL) has refused to release.

    He said the NLNG, in the last 20 years has contributed $18b, $15b for gas and $9b as tax which the NNPCL has refused to release to the Federation account.

    Accordingly, he tasked the NBA with the recovery of the money from the oil company for the Federal government.

    He also urged the NBA to call on the Federal government to resume the publication of the details of monthly allocation from the Federal account to the sub-national governments.

    While faulting the Nigerian Governor Forum (NGF) for prevailing on the Account General of the Federation (AoGF) to discontinue the tradition set by former Finance Minister Ngozi Okonjo-Iweala, Falana said Nigerians need to know how the increasing monthly allocations are being used by their Governors and Local government chairmen.

    Falana also disclosed his willingness to assist Nigerian airlines in accessing the London route, stating that it is a gross injustice for British airlines to ply the Nigerian route while Nigerian airlines could not ply the British routes.

    Noting that it is a Bilateral Air Service System issue, he said, “I have a formula to make it happen. If they don’t allow you (AirPeace) to fly to London, we will not allow BA and Virgin to fly to Nigeria.”

    In his lead presentation on Getting the Economy Right: Decoding Nigeria’s Strategy for Growth, Diversification, Inclusivity, and Sustainability, Adetilewa said the population of the country should be an asset rather than a liability considering a report that says 130 million Nigerians are multidimensionally poor.

    He said the economy is diversified already as agriculture is driving the economy despite oil being the largest contributor to the national income.

    According to him, investment in other critical sectors of the economy is critical, the youths and small and medium-sized businesses while cutting debt and addressing corruption.

    Read Also: Falana urges Fed Govt to release ex-EFCC Chairman Bawa

    He also stressed that it is incumbent on the citizenry, including the NBA to hold the government accountable over fuel subsidy removal that has saved the government between $10b to $15b.

    In response to Falana’s position on the currency swap arrangement, he said Nigeria with about $22b of import from China would have to raise its reserve with China which currently stands at 14% of our national foreign reserve to about 50% before the use of Naira in Chinese transactions could be possible.

    In his presentation, the Chairman of Air Peace, Allen Onyema said a major challenge confronting the nation is a fragmented unity where ethnic or tribal allegiance seems stronger than national allegiance.

    He said unless and until Nigerians recognize the need to fight for one another irrespective of primordial sentiments, the nationhood we desire would remain a dream.

    He also said that issues Nigerians and the government must be ready to identify challenges mitigating against its unity, growth, and development and be determined to address them truthfully dismantling corruption, and vested interests and be committed to good governance.

    The conference continue tomorrow.

  • Falana seeks cancellation of nomination fees

    Falana seeks cancellation of nomination fees

    Activist lawyer Femi Falana (SAN) yesterday described the amount charged as nomination and expression of interest fees by political parties for aspirants seeking elective positions as outrageous, illegal and unconstitutional.

    He said the fee, which is not one of the conditions for contesting elections under the current democratic dispensation, is also inconsistent with the constitution.

    Falana, in a statement in Lagos yesterday titled: “Illegality of Outrageous Nomination Fees”, called for the cancellation of the nomination fee, describing it as “illegal, insensitive and immoral.”

  • Falana seeks sanction against Naval chief for rights violation of 80 detainees

    Activists lawyer Femi Falana (SAN) has urged the National Human Rights Commission (NHRC) to ensure that the 80 suspects “illegally detained” by the Navy are released without further delay.

    He also urged the commission to recommend the Chief of Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas, to President Muhammadu Buahri for sanction for gross infringement of the rights of the detainees to dignity, liberty and fair hearing.

    The request was contained in a letter, titled, Re: Request for release of 40 Nigerian Citizens from Illegal Custody of Nigerian Navy, dated May 25 and sent to the Executive Secretary of the NHRC in Abuja, the nation’s capital.

    Falana said his request for sanction against the Chief of Naval Staff is meant to serve as a deterrent to other public officers who have a penchant for violating the rights of Nigerians.

    The eminent lawyer said his request for sanction against the Chief of Naval Staff followed information at his disposal that the Presidency had directed the Navy to either release the detainees or arraign them in appropriate courts.

    He said the directive to the Naval chief was issued in response to his petition to President Buhari and the NHRC on the prolonged detention of 40 Nigerian citizens without trial.

    Falana noted that in a bid to deceive the Presidency, the naval authorities gave the false impression that the detainees had been transferred to the Economic and Financial Crimes Commission (EFCC) to charge them with criminal offences at the Federal High Court.

    “Specifically, on May 23, the Navy paraded 32 detainees before the media and announced that they had been transferred to the EFCC office in Abuja. Barely 24 hours later, the Navy claimed to have transferred another group of eight detainees to the EFCC at Warri, Delta State.

    “It may interest you to know that the 40 suspects purportedly handed over to the EFCC are not among the 40 detainees named in our petition under reference. Thus, the Navy has confirmed that not less than 80 citizens have been held incommunicado in undisclosed military detention facilities for several months without trial.

    “In any case, the Navy has not handed over the 40 suspects to the EFCC. In fact, the naval authorities have since disclosed that the detainees have not been handed over to the EFCC, contrary to the clear directive of the Presidency,” he said.

    Falana said the response of the naval authority to the directive of the Presidency that the detainees would not be released from illegal custody amounted to “provocative impunity”.

    According to him, the Chief of Policy and Plans at Naval headquarters, Rear Admiral Beegroy Ibe-Ekwo, reportedly said “the appropriate prosecuting agencies for such offences are looking very closely into that matter. And whatever it is, if anybody has any grouse about any action, perhaps, he should resort to the court instead of these media hypes, with all due respect, in the name of human rights”.

    Falana urged the NHRC to ensure that the 40 suspects and 40 detainees being held illegally by the Navy are released without further delay.

    “It is hoped that the Presidency will not hesitate to call Rear Admiral Ibe-Ekwe to order for making a mockery of the directive of the Presidency on the continued incarceration of the 40 detainees.

    “Since the senior military officer is challenging us to ‘resort to the court’, the commission may wish to ask him to justify the refusal of the naval authorities to comply with the subsisting orders of the Chief Magistrates’ Court, Apapa, Lagos, and Federal High Court for the release of some of the detainees,” he said.

  • Falana urges Buhari to order release of 40 Nigerians from naval custody

    Activist lawyer Femi Falana (SAN) has urged President Muhammadu Buhari to order the release of 40 Nigerians in detention of the Nigerian Navy.

    He said the detainees were held incommunicado in dehumanising conditions for six to eight months without trial and that he had received complaints from their families about their continued detention.

    The request was contained in a letter addressed to the President on May 19 and titled: Request for Release of 40 Nigerian Citizens from Illegal Custody of Nigerian Navy.

    Falana urged President Buhari to direct the Chief of Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas, to either release the detainees from unlawful custody or arraign them in court without further delay.

    The eminent lawyer said this had become expedient since all the detainees are entitled to their fundamental rights to dignity and liberty, as guaranteed by sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and articles 5 and 6 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act (Cap A9) Laws of the Federation of Nigeria, 2004.

    He gave the names of the detainees as Captain Dada Labinjo,  Lt.-Commander Sherifat Ibe Lambert, Benjamin Gold, Peter Pulle, Pius Paul, Onoja Reuben, Adeleke Adewale, Labinjo Kehinde, Ogunmoyero Oluwasehun, Emmanuel Oputa,   Innocent Sunday, Lejoro Friday, Hamza Yakubu, Segun Yusuf, Master-Melvin Jack, Chief Mate-Adebayo Mayoma, Chief Mate-Francis Oneyema,  2nd Eng-Godwill Umoh, Bosin-Miebaka Iyala and Elect 2-Edu Fidelis.

    Others are: Elect 2-Richard David, Camp Boss-Daniel Harrison, Asaiki Okeoghene, AB 1-Omogoye Bolaji,   AB 2-Victor Uchendu,  AB 3-Oloyede Ademola, Oiler-Simon Onyisi Mike, Eng cadet-Udom Victor Jerome, Godwin Etiaka Ojodusi, Sixtus Ganabel, Owei Ukuto, Jeremiah Victor, Collins Joel, Augustine Omonisa, MV Akemijo Deborah, Mike Simeon, Umoren Daniel, James Archibong, Umon Godswill Emmanuel and MT Adeline Jumbo.

    “In view of the fact that the illegal detention of the 40 Nigerian citizens for several months without trial has exposed the Federal Government to unwarranted embarrassment, the Chief of Naval Staff ought to be sanctioned by Your Excellency,” he told the President.

    The letter said: “We have received complaints from the families of 40 Nigerian citizens who are being detained without trial on the orders of the authorities of the Nigerian Navy.

    “It may interest Your Excellency to know that the above-named detainees have been held incommunicado in dehumanising conditions for periods ranging from six to eight months. In fact, some of the detainees are incarcerated in an underground military detention facility in Abuja while others are held inside one of the vessels impounded by the Nigerian Navy in Marina, Lagos.

    “The detainees have been subjected to mental, psychological and physical torture, contrary to the provisions of the Anti-Torture Act, 2017.

    “Furthermore, in utter contempt of court, the authorities of the Nigerian Navy have defied valid and subsisting orders of competent courts for the unconditional release of some of the detainees.”

  • Falana urges AGF to sue Navy over ‘detention’ of 10 Nigerians since October 27

    Activist lawyer Femi Falana (SAN) has again cried out over what he calls the illegal detention of 10 Nigerians by the Navy since October 27, last year.

    He confirmed the detention of the 10 Nigerians in a letter, dated May 10, in which he requested the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), to seek their release from the naval authorities.

    This brought to 25 the number of military personnel and civilians allegedly being held in the detention of naval authorities since last year.

    The lawyer said the detainees were being held on the orders of the Chief of Naval Staff (CNS), Vice Admiral Ibok-Ete Ekwe Ibas.

    Falana also requested the AGF to prosecute the CNS for subjecting the detainees to physical and mental torture, contrary to the provisions of the Anti-Torture Act, 2017.

    He listed the detainees as: Oloyede Ademola Yisau, Omogoye Wasiu Bolaji, Edu Fidelis, Richard David, Mike Simeon, Umoren Daniel,      Okoghene Asaiki, Udom Victor, James Archibong and Umon Godswill Emmanuel.

    Falana averred that since the detainees had not been charged with any criminal offence before any competent court, “we are compelled to request you to direct the CNS to release them from unlawful custody without any further delay”.

    He threatened to sue the AGF should he fail to take the CNS to court.

    “Take notice that if you fail to accede to our request within 48 hours of the receipt of this letter, we shall not hesitate to file an application at the Federal High Court to secure the enforcement of the fundamental rights of the detainees to personal liberty, dignity, fair hearing and movement and seek an order of mandamus to compel you to prosecute of the Chief of Naval Staff,” Falana said.

    The lawyer recalled that when the 10 detainees were arrested seven months ago, they were crew members aboard a vessel called NESO II, which was allegedly hijacked by a gang of pirates.

    Falana said the detainees were rescued while the pirates were arrested by the Beecroft Naval Base.

    “Curiously, the crew members, who were not indicted in the investigation conducted by the Nigerian Navy into the hijacking of the vessel, have since been detained aboard the ship in Marina, Lagos, in breach of their fundamental rights to personal liberty and fair hearing guaranteed by sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).”

  • Akeredolu, Adekoya, Falana, others for conference

    Ondo State Governor Oluwarotimi Akeredolu (SAN), Mrs Funke Adekoya (SAN) and former West African Bar Association (WABA) President Femi Falana (SAN) are among dignitaries expected at the 2019 Nigerian Bar Association (NBA) Section on Legal Practice (SLP) conference.

    Also expected at the event include former dean, Faculty of Law University of Lagos, Prof. Oyelowo Oyewo, Mr C. A.  Candid-Johnson (SAN) and Dr. Babatunde Ajibade (SAN).

    It will hold in Akure, Ondo State from May 7-8. The theme is: Value added legal practice.

    Conference planning committee chairman Mr.  Ayodele Akintunde (SAN) told The Nation that participants will share their views on the future of legal services in Nigeria.

    He said they will also speak on opportunities and threats, how the legal profession should adapt to the changing landscape, how legal practitioners can improve the quality of their services, attract clients and boost their revenues.

    “Panel discussions will critically examine issues around justice reform, and how to improve service delivery in the justice sector to enhance the value of legal practice. The conference will examine several topical issues in legal practice today, and give practical solutions

    “On the first day, there will be dinner and participants will be treated to cultural displays by various cultural troupes from Ondo and Ekiti states, in addition to the presentations.

    “On the second day, a visit will be organised to the Idanre Hills, where participants can enjoy good scenery of the hills, which is one of the most beautiful natural landscapes in Nigeria,” he said.

    Akintunde said golf enthusiasts will also have the opportunity to play on one of the most beautiful golf courses in Nigeria, the Smoking Hills Golf course located at the outskirts of Ilara Mokin.

    “Like last year, registration for this year’s Annual Conference will be online and members and non-members of the NBA Section on Legal Practice can go to the website: www.nba-slp.org to register.

    “The website is very user friendly. Once you get on the website, follow the link, fill the online form and make payment. The website also has a link to enable non-members join or register and be part of the NBA Section on Legal Practice conference.

    “We welcome new members, and assure that there are lots of benefits for members of the SLP, including discounts on conference registration fees.

    “The array of eminent panelists invited to the 2019 NBA-SLP Annual Conference will highlight strategic solutions and discussions taking place within the legal industry to improve legal services in Nigeria.

    “The Conference will provide participants with an opportunity to enjoy Ondo State, its culture and people, and visit tourist destinations in the state.

    “The conference is accredited by the Nigerian Bar Association, and CLE points will be awarded to participants. The conference promises to be a memorable one,” Akintunde added.

  • Falana seeks justice for 15 Nigerians detained by naval authority

    Activist lawyer Mr Femi Falana (SAN) has urged the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), to charge the naval personnel, said to be responsible for alleged violations of the rights of 15 detainees, with contempt of court and acts of torture under the Criminal Code Act and the Anti-Torture Act.

    The eminent lawyer said this became necessary to curb what he called the growing culture of official impunity in the country.

    He said the 15 Nigerians, including Group Captain Dada Labinjo, Lt.-Commander Sherifat Ibe Lambert (also known as Mrs Bola Labinjo) and Benjamin Gold, have been in naval detention for an undisclosed offence since last September, despite the orders of an Apapa Magistrates’ Court and a Federal High Court, Abuja, for their immediate release.

    In a statement yesterday in Lagos, titled: “Seven-month detention of civilians and military personnel without trial by Nigerian Navy,” Falana recalled how the predicament of the detainees started.

    The frontline lawyer said sometime last September, the Nigerian Navy arrested the detainees and dumped them in a military detention facility at Apapa in Lagos.

    He noted that in an attempt to legalise the arrest and detention of the detainees, the naval authorities obtained a remand warrant from a Magistrates’ Court at Apapa.

    Falana added: “But as the detainees, who were incarcerated for over three months, were not charged with any criminal offence, the Magistrates’ Court reviewed their case on January 7, 2019, and ordered the naval authorities to release them from illegal custody forthwith.

    “But in utter contempt of the valid order of the Magistrates’ Court, the authorities of the Nigerian Navy transferred the detainees to another military detention facility in Abuja.

    “Following the application by Lt.-Commander Bola Labinjo, filed for the enforcement of her fundamental right to personal liberty, the Federal High Court directed the naval authorities to release her from illegal custody. But the valid order of the Federal High Court has equally been ignored by the naval authorities without any legal justification.

    “Even though the civilians among the detainees are not subject to service law, the naval authorities have continued to detain them in military detention facilities.

    “As if that is not enough, the detainees have been denied access to their family members, medical doctors and lawyers.”

    The eminent lawyer regretted that the fundamental rights of the detainees to dignity have been violated as they are being held incommunicado in solitary confinement while they are subjected to physical, mental and psychological torture, in contravention of Section 3(2) of the Anti-Torture Act, 2017, which provides that “secret detention places, solitary confinement, incommunicado or other similar forms of detention where torture is carried out are prohibited”.

    He averred that since the prolonged incarceration of the detainees can no longer be justified under the Constitution of the Federal Republic of Nigeria, 1999, as amended, or the Armed Forces Act, they should be released from custody or arraigned before a competent court of law, if there is reasonable suspicion that they have committed any criminal offence whatsoever.