The Nation Newspaper

Tag: Falana

  • Falana seeks information on $60b oil revenue loss from Petroleum minister

    Activist lawyer Femi Falana has urged the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu and his ministry to provide information on the alleged $60 billion oil revenue loss.

    According the Senior Advocate of Nigeria (SAN), the amount represented what the Federal Government refused to collect from International Oil Companies (IOC) as at August 2017.

    He claimed that he had in a letter dated November 5, 2015, drew the minister’s attention, in his capacity as the Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC), to the refusal of the regulatory agencies in the Petroleum Resources Ministry to enforce the production Sharing Contracts signed with the IOC by the Federal Government.

    According to him, the minister had in a public statement in August 2017, told reporters that the country about $60 billion due to the refusal of some public officials to implement the agreement.

    He also recalled that the acting Chairman of the Revenue, Mobilisation, Allocation and Fiscal Commission (RMAFC), Mr Shetima Bana, on January 19, confirmed the loss of oil revenue arising from the non-implementation of the said production sharing contract.

    Falana urged the minister to make the information available within seven days of receipt of his request, failing which he threatened legal action against the government.

    He said the request for the information on the oil revenue loss was made pursuant to Section of the provision of the Freedom of Information (FoI) Act.

  • Court adjourns indefinitely trial of El-Zakzaky, wife

    A Kaduna State High Court on Monday adjourned the trial of the leader of the Islamic Movement in Nigeria (IMN), otherwise known as Shi’ites, Sheikh Ibrahim El-Zakzaky, and his wife, Zinat indefinitely.

    The trial Judge, Justice Gideon Kurada, adjourned the case due to his appointment to serve as a judge in the Presidential and National Assembly Elections Petitions Tribunal in Yobe.

    The Nation recalled El-Zakzaky and wife, who have been custody since December 2015, were dragged to the state high court for culpable homicide, unlawful assembly, and disruption of public peace, among others.

    Speaking to newsmen shortly after the adjournment, lead counsel to the defendants, Femi Falana SAN said, the case was adjourned because Justice Kurada is serving as a judge in election petition tribunal.

    The Senior Advocate said, aside absence of the trial Judge, Sheikh El-Zakzaky and his wife Zinat, were in dire need of medical attention, the reason they could not appear in court.

    He alleged that the IMN leader and his wife had not been given adequate medical care since Dec. 14, 2015, when they were detained.

    According to him, “So the Court has adjourned Sine die, meaning indefinitely. My clients are yet to access any form of medical attention even after the court had ordered so.

    “The Case had to be adjourned as both my clients need time to attend to their health.” Falana said.

  • Falana to Fed Govt: stop allocating oil blocks to individuals, corporate bodies

    Activist Lawyer Femi Falana(SAN) has asked the Federal Government to stop allocating oil blocks to individuals and corporate bodies.

    He gave the advice in a letter dated March 20 and addressed to President Muhammadu Buhari.

    He said he would not hesitate to file a suit against the government should it fail to heed its  request.

    “If the Federal Government refuses to accede to our request we shall be compelled to challenge the  constitutional validity of allocating the oil blocks and other natural resources collectively owned by the Nigerian people but vested in the Federal Government to a few private individuals and corporate bodies”, he warned.

    Falana urged the  government to restrict the allocation of oil blocks including marginal fields to the Federal Government and the governments of the 36 states of the Federation.

    “This request is in line with Section 16 (1) (b) of the Constitution which  has mandated the Nigerian State to “control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity”, he argued.

    He claimed that the allocation of oil blocks to a few individuals and corporate bodies by the Federal Government constitutes a gross violation of the fundamental rights of the Nigerian people to freedom from discrimination, equal right of access to public property and in the equal enjoyment of the common heritage of mankind as well as the right to social, economic and cultural development guaranteed by articles 2, 13, 22 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

    “Therefore, pursuant to Article 22 thereof which has imposed a duty on the Federal Government to freely dispose of the wealth and national resources of the nation in the exclusive interests of the Nigerian people we urge Your Excellency to desist from allocating oil and blocks to a select group of Nigerians and foreigners”, he stated.

    Falana remarked that he made the request because majority of the owners of the oil blocks usually sub-lease them to offshore companies as they lack the fund and the technical expertise to develop the oil and gas industry.

    “By merely collecting huge rents, the oil block owners become stupendously rich while the federal, state and local governments depend on loans and bailout to pay salaries and carry out basic infrastructural development of the country.

    “Thus, by allocating oil blocks to a few individuals and corporate bodies the federal government has violated Section 16(2)(c) of the Constitution which provides that “the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group”, he stated.

    Praising the government for the courageous decision it took to revoke a number of oil blocks and marginal fields hitherto allocated to a few individuals and corporate bodies, he urged the government to desist from renewing the remaining licences of other oil block owners in the country.

    “Having acquired the “entire property in and control or all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters” and vested same in the federal government on behalf of the people of Nigeria pursuant to section 44(3) of the Constitution, it is inequitable, illegal and unconstitutional to allocate the nation’s oil blocks to a few individuals and corporate bodies including multinational corporations”, Falana stated.

  • Falana to FG: stop allocating oil blocks to individuals, corporate bodies

    Activist Lawyer, Femi Falana(SAN) has asked the federal government to stop allocating oil blocks to individuals and corporate bodies.

    He gave the advice in a letter dated March 20 and addressed to President Muhammadu Buhari.

    He said he would not hesitate to file a suit against government should it fail to heed its request.

    ”If the federal government refuses to accede to our request we shall be compelled to challenge the constitutional validity of allocating the oil blocks and other natural resources collectively owned by the Nigerian people but vested in the Federal Government to a few private individuals and corporate bodies,” he warned.

    Falana urged government to restrict the allocation of oil blocks, including marginal fields to the federal government and the governments of the 36 states of the Federation.

    “This request is in line with Section 16 (1) (b) of the Constitution which has mandated the Nigerian State to “control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity,” he argued.

    He further argued the allocation of oil blocks to a few individuals and corporate bodies by the federal government constitutes a gross violation of the fundamental rights of the Nigerian people to freedom from discrimination, equal right of access to public property and in the equal enjoyment of the common heritage of mankind as well as the right to social, economic and cultural development guaranteed by articles 2, 13, 22 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

    “Therefore, pursuant to article 22 thereof which has imposed a duty on the Federal Government to freely dispose of the wealth and national resources of the nation in the exclusive interests of the Nigerian people we urge Your Excellency to desist from allocating oil and blocks to a select group of Nigerians and foreigners,” he stated.

    Falana pointed out he made the request because majority of the owners of the oil blocks usually sub-lease them to offshore companies as they lack the fund and the technical expertise to develop the oil and gas industry.

    “By merely collecting huge rents, the oil block owners become stupendously rich while the federal, state and local governments depend on loans and bailout to pay salaries and carry out basic infrastructural development of the country.

    “Thus, by allocating oil blocks to a few individuals and corporate bodies the federal government has violated Section 16(2)(c) of the Constitution which provides that “the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group,” he stated.

    While commending government for the courageous decision it took to revoke a number of oil blocks and marginal fields hitherto allocated to a few individuals and corporate bodies, he urged the government to desist from renewing the remaining licences of other oil block owners in the country.

  • Falana urges Fed Govt to obey judgments on asylum seekers

    Activist-lawyer Mr Femi Falana (SAN) has urged the Federal Government to obey the judgments ordering it to bring back refugees and asylum seekers who were deported by the National Security Adviser (NSA).

    He vowed to initiate contempt proceedings against the respondents if they fail to comply with the verdicts within two weeks.

    In a March 20 letter to the Attorney-General of the Federation Abubakar Malami (SAN), Falana said the judgments were on suits numbered FHC/ABJ/CS/147/2018 by Wilfred Tassang and 50 others against the NSA and another, and FHC/ABJ/CS/85/2018 by Mr. Sisiku Ayuk Tabe and 10 others against the NSA.

    The SAN said the applicants are refugees and asylum seekers entitled to legal protection under the 1999 Constitution, the National Commission for Refugees (Establishment Etc) Act, the African Charter on Human and Peoples’ Rights and the United Nations on Convention Relating to the Status of Refugees Commission.

    According to him, in utter breach of their rights to personal liberty and dignity guaranteed by the statutory and international human rights instruments, they were deported from Nigeria and dumped in Cameroon on January 26, 2018 by the Office of the NSA.

    Falana said the applicants filed the lawsuits through his chambers to challenge their deportation.

    On March 1, Justice Anwali Chinkere of the Federal High Court declared the applicants’ deportation illegal and unconstitutional.

    The judge awarded reparation of various sums to them, and ordered the Federal Government to bring them back to Nigeria and restore all their rights and privileges as bona fide refugees and asylum seekers.

    “In view of the foregoing, we are compelled to request you to use your good offices to advise the Federal Government to comply with the aforesaid judgments of the Federal High Court without any further delay.

    “In particular, you may wish to draw the attention of the relevant authorities to the case of the Minister of Internal Affairs v. Alhaji Shugaba Darman (1982) 3 NCLR 915 where the respondent who had been illegally deported to the Republic of Chad by the Federal Government was brought back to Nigeria in compliance with the orders of the Borno State High Court presided over by the Honourable Justice Oye Adefila of blessed memory.

    “Take notice that if the Federal Government fails to comply with the aforesaid judgments within the next two weeks, we shall not hesitate to initiate contempt proceedings against the respondents including your good self without any further delay,” Falana writes.

  • Falana seeks removal of trailers from Apapa road

    The Federal High Court in Lagos will on May 6 deliver judgment in a suit filed by activist-lawyer Mr. Femi Falana (SAN) against Power, Works and Housing Minister  Babatunde Fashola (SAN) and the Federal Road Safety Commission (FRSC).

    Justice Muslim Hassan fixed the date after the parties adopted their written addresses.

    Falana is praying the court to order the removal of tankers, trailers and other obstructions from the Oshodi-Apapa Expressway. The road, he added, should be repaired after the removal of these encumbrances.

    He is also seeking a declaration that “the parking of tankers and trailers on the overhead bridges in Lagos is illegal and unconstitutional”.

    Such acts, Falana said,  “constitute a threat to the fundamental right to life of the applicant and other motorists” as guaranteed under Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Rights.

    Falana, a former Committee for the Defence of Human Rights (CDHR) national president, sued the defendants over the deplorable condition of the road.

    He is seeking a declaration that the obstructions and to repair and maintain the road is illegal and unconstitutional, as it constitutes a threat to his fundamental right to life.

    The failure to make the road safe for motorists, he added,  violates his and others’ right to freedom of movement guaranteed by Section 41 of the 1999 Constitution.

    In a supporting affidavit, the SAN, who is ex-West African Bar Association (WABA) president, said many of the federal roads across the country were in bad shape, including the Apapa-Oshodi Expressway.

    “I also know as a fact that the traffic situation on the Oshodi-Apapa Expressway today is unbearable and a dreadful risk to the lives of the motorists plying the road,” he said.

    The applicant said the road “has in recent times caused deaths through recurring accidents”.

    According to him, commuters plying the road risk their lives due to the heavy-duty vehicles that are stranded on the road “following the level of dilapidation.

    “Vehicular movement along the road has become a misadventure and a nightmare that the applicant often regrets venturing into each time he plies the road.

    “Long before the bad and dilapidated state of the road, it used to be less than 30 minutes’ drive from Oshodi to Apapa, but now the travelling time exceeds one hour.”

    Falana said last February, while travelling back to his Ikeja office after a prison visit, he almost had an accident while navigating through a big pothole on the road and almost hit an oncoming vehicle.

    The applicant sought an order that the respondents should remove the obstructions, repair and maintain the road forthwith.

    Falana urged the court to  declare that he is entitled to his fundamental right to life guaranteed by the Constitution and the African Charter.

    But, the minister denied Falana’s claims, saying the road “is under rehabilitation”. This, he said, was not the cause of the gridlock in the axis.

    In an affidavit deposed to by a litigation assistant in the Ministry of Power, Works & Housing, Ayodele Otedola, the minister claimed that a suit filed by the Road Transport Employers Association of Nigeria “has since 2010…caused the slow progress of work to rehabilitate the road for efficient use of motorists.”

    Falana’s claims, he said,  were not true, adding that the Apapa gridlock “is always caused by tanker drivers who normally follow the route to the port for the purpose of loading and offloading their goods.”

    Fashola said: “The failure of the first respondent to repair the road as alleged by the applicant has not in any way restricted or breached his freedom of movement.”

    The minister said Falana’s life was not under threat; that failure to fix the road was due to “paucity of funds”,  and that the rights sought to be enforced were not justiceable.

    “The applicant has no locus standi to sue as he is not representing a class action and on whose behalf he is suing. He has not shown that he has suffered over and above other motorists and people that use the road,” Fashola said.

  • Falana to INEC: take over trial of poll offenders

    People’s Alternative Front (PAF) National Chairman  Femi Falana (SAN) has asked the Independent National Electoral Commission (INEC) to take over the prosecution of the electoral offenders arising from the 2019 elections.

    Falana, in a letter dated February 22 and addresses to INEC Chairman, Prof Mahmoud Yakubu, said this has become necessary to prevent official impunity.

    He noted that members of the political class have rejected the popular call for the establishment of Electoral Offences Commission/Tribunal in an attempt to shield electoral offenders from prosecution.

    The Lagos lawyer said the request was sequel to confirmation that “hundreds of criminal elements were arrested by the police and other security agencies while attempting to disrupt the presidential/National Assembly elections held throughout the country on Saturday”.

    He also noted that prior to last Saturday’s elections, “scores of other criminal suspects had been arrested during the political campaigns of the political parties for breaching the provisions of the Electoral Act, 2010 as amended”.

    “Going by past experience, the prosecution of the electoral offenders will be taken over by state attorneys-general, who will turn round to file nolle prosequi for the termination of the cases due to political pressure from the ruling party in each of the affected states,” he noted.

    Falana argued that the suggestion by PAF to INEC to take over the prosecution of electoral offender is backed by Section 150 of the Electoral Act, 2010, which vested the commission with the powers to prosecute any person, who violates the provisions of the Electoral Act.

    “Like other prosecutorial agencies of the Federal Government, the INEC should request the Inspector-General of Police to deploy some trained police investigators to the Legal Department for the purpose of coordinating the investigation of the cases.

    “Upon the conclusion of the investigation of the cases, INEC will proceed to file charges against the indicted electoral offenders in the appropriate courts,” he stated.

    He reminded the commission that  a number of young lawyers were mobilised to assist the INEC in the prosecution of the electoral offenders, who were arrested during the 2011 general election.

    Although majority of the electoral offenders were successfully prosecuted, the policy did not continue due to the change in INEC leadership.

    Falana, therefore, suggested that the policy be revived by the INEC without any delay.

    “Otherwise, the detained armed thugs, who engaged in the cold murder of unarmed voters, ballot snatching, burning of ballot papers etc during the election will soon be freed and allowed to continue to sabotage the inchoate democratic process in the country,” he warned.

  • Falana: Involvement of soldiers in election duties is illegal

    Lagos lawyer and human rights activist, Mr. Femi Falana, has said the federal government is violating the laws of the land by deploying soldiers for election duties.

    The Senior Advocate of Nigeria (SAN) accused government of disobeying the Court of Appeal which, according to him, had on several occasions ruled such deployment  out of order.

    Falana, in a statement in Lagos, quoted the Appeal Court as saying in Yussuf v Obasanjo (2005) 18 NWLR (Pt 956) Abdullahi PCA that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarised. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious step or steps should be taken to civilianise the polity to ensure the survival and sustenance of democracy.”

    He also reported the court as saying in  Buhari v Obasanjo (2005) 1 WRN 1 at 200 when Salami JCA (as he then was) that “in spite of the non-tolerant nature and behaviour of our political class in this country, we should by all means try to keep armed personnel of whatever status or nature from being part and parcel of our election process. The civilian authorities should be left to conduct and carry out fully the electoral processes at all levels.”

    Falana blamed former President Olusegun Obasanjo for introducing “the illegal deployment of armed troops into the electoral process.”

    He said: “It is on record that the armed forces were not involved in all the elections conducted under the defunct military dictatorship in Nigeria.

    “Thus, the armed personnel deployed for the manipulation of the 2003 general elections engaged in the intimidation of voters and extrajudicial killing of not less than 200 people. Since then Nigerian courts have consistently enjoined the federal government to desist from involving the armed forces in the conduct of elections.

    “Notwithstanding the aforesaid pronouncements of the courts, President Obasanjo deployed several battalions of soldiers to many states for the 2007 “do or die” general election.

    “His successor, the late President Umaru Yar’Adua continued the illegal policy as he deployed soldiers for the rerun gubernatorial election in Ekiti State in 2009.

    “A week before the deployment, Mr. Dimeji Bankole, the then Speaker of the House of Representatives had during a political rally at Igede Ekiti on April 2, 2009 sang   A o lo soja, awa to lo mopol lojosi, a o lo soja (We shall use soldiers this time around, we who used mobile police the other time, we shall use soldiers this time around).

    “It is on record that President Jonathan continued the illegal practice of deploying the armed forces for the intimidation of voters and the rigging of elections in favour of the ruling party.”

    Falana also recalled that the Court of Appeal, ruling on the 2014 Ekiti State Governorship Election declared: “Even the President of Nigeria has no power to call on the Nigerian Armed Forces and to unleash them on peaceful citizens, who are exercising their franchise to elect their leaders.  Whoever unleashed soldiers on Ekiti State disturbed the peace of the election on June 21, 2014; acted in flagrant breach of the Constitution and flouted the provisions of the Electoral Act which requires an enabling environment by civil authorities in the conduct of elections.”

    He added: “Shortly before the 2015 general election, the Federal High Court, sitting in Sokoto, had declared the planned involvement of the armed forces in the democratic exercise illegal and unconstitutional.

    “The presiding judge, Justice Mohammed Rilwan said that ‘other than for the purposes of protecting Nigeria’s territorial integrity, there is no constitutional provision that allows for the deployment of the military for elections.’”

    The Senior Advocate faulted the recent directive by President Muhammadu Buhari to the security agencies to deal with ballot box snatchers saying it “cannot be legally justified by virtue of section 215(3) of the Constitution which has vested the Police with the exclusive powers to maintain and secure public safety and public order in the country.”

    But he was quick to point out that the President is “empowered under section 217(2) of the Constitution to deploy the armed forces for the “suppression of insurrection and acting in aid of civil authorities to restore law and order.

    “This, in effect, means that before the armed forces may be involved in the maintenance of law and order there must have been insurrection or civil disturbances which cannot be contained by the Police. The Constitution never envisaged that the armed forces will usurp the powers of the police with respect to the ‘preservation of law and order’ in any part of the country.”

    He advised the Buhari Administration to end impunity in the country,  it  should “stop all members of the armed forces from performing police duties,” and proceed to adequately equip and fund the police to enable them discharge their  duty of ensuring internal security.

  • Falana advises Armed Forces against intimidating voters

    ACTIVIST lawyer Femi Falana (SAN) has urged the armed to allow the electorates to exercise their franchise without any form of intimidation.

    He also urged them to maintain neutrality in the electoral contests.

    He gave the advice in an address delivered at the 13th  Dr. Beko Ransome-Kuti Memorial Lecture  held at the Committee for the Defence of Human Rights (CDHR) Secretariat, Ikeja Lagos.

    It was titled: “Foreign interference in the 2019 general elections”.

    He said: “Since the involvement of military personnel in the electoral process has been declared illegal and unconstitutional by the Federal High Court,  Court of Appeal and Supreme Court in a number of cases, the Nigerian army should be restrained from carrying out Operation Python or any other military exercise during the 2019 general election.

    “In order to ensure that national security is not compromised by the Independent National Electoral Commission (INEC) and the Police, I am compelled to urge them to maintain neutrality in the electoral contests.”

    To support his position, Falana cited a case, “Attorney-General of the Federation Vs. Alhaji Atiku Abubakar (2007) 30 WRN 49 at 140” in which the Supreme Court  held as follows: “The office of the Inspector General of Police is a creation of the 1999 Constitution. The Nigeria Police Force is also a creation of the 1999 Constitution. See Section 214 of the 1999 Constitution. Also, by the force of the said 1999 Constitution, the Nigeria Police Force shall and is under the command of the Inspector General of Police.

    “The primary duty; indeed the most fundamental duty of the Nigeria Police Force is the maintenance and securing of public safety and public order within the country. In the performance of its duty, the Nigeria Police Force must manifestly demonstrate impartiality; it must not lean to one side against the other; it must be apolitical. It must not take part in any disputation, which has political coloration. These qualities are sine qua non to the enhancement of public respectability to it.

    “Also the Independent National Electoral Commission (INEC) by its statutory existence is an independent body with constitutional powers to conduct elections in Nigeria. It must not only be an umpire, it must be seen, in the eyes of reasonable men, to be an impartial umpire in the conduct of an election…

    “Neutrality must be the watchword of the body – it must always remain fair and focused.”

    Falana objected to the purported statement credited to  Kaduna State  Governor Nasiru El Rufai that foreign election observers and monitors, who interfere in the 2019 general elections, would “return to their countries in body bags because nobody will come to Nigeria and tell us how to run our country”.

    He said the threat to attack and kill foreign election observers in Nigeria constitutes an infraction of the Electoral Act, 2010 and the Penal Code.

    He also noted  that the All Progressive Congress (APC) has accused western countries of supporting the People’s Democratic Party (PDP) in the 2019 general election.

    “Have both APC and PDP not engaged the services of lobby groups to convince the governments of western countries to believe in their ability and competence to fix the problems of Nigeria? Have both political parties not sought the endorsement of the governments of western countries?” he asked.

    He also urged the people not to allow their children to be used as cannon fodders during the battle for the control of the country’s political power and economic resources by the ruling class.

  • Falana, PDP fault Malami

    LAGOS lawyer Mr. Femi Falana (SAN) and the People’s Democratic Party (PDP) have faulted the Attorney General for the Federation and Minister of Justice, Abubakar Malami, on his letter to the Independent National Electoral Commission (INEC).

    In the said letter, Malami had advised INEC to postpone the general elections in Zamfara State, to accommodate a ruling of the Sokoto Division of the Court of Appeal, purportedly directing the electoral body to allow the Zamfara State chapter of the All Progressives Congress (APC) field candidates for the upcoming elections.

    Falana said by virtue of Section 158 (1) of the 1999 Constitution, INEC “shall not be subject to the direction or control of any authority or person”.

    The lawyer said: “Furthermore, the proviso to Section 160 of the amended Constitution states that the powers of INEC ‘to make its own rules or otherwise regulate its own procedures shall not be subject to the approval or control of the President’.

    “Therefore, the AGF lacks the vires to advise or direct INEC to postpone the elections scheduled to hold in any state of the federation. Since the judgment of the Court of Appeal on  the nomination of APC candidates in Zamfara State admits of no ambiguity, INEC is advised to do the needful and ignore the directive of the AGF on the conduct of the elections.”

    Also yesterday, the PDP National Chairman, Prince Uche Secondus, described the AGF’s letter to INEC as part of APC’s design to arm-twist the commission and the judiciary to take illegal actions in their favour.

    Addressing a news conference at the Legacy House, the party’s Abuja campaign office, Secondus said what the AGF was seeking is not backed by law.