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Tag: Falana

  • Falana to African Commission, NGOs: lead anti-graft battle

    LAWYER-ACTIVIST Femi Falana has challenged Non-Governmental Organisations (NGOs) in Africa to lead the battle against corruption in their respective countries.

    Falana, a Senior Advocate of Nigeria (SAN), said the call became necessary as many African governments wallow in corruption and impunity to the detriment of the continent.

    The human rights crusader stated this in a keynote address titled: “How to strengthen African Commission on Human and Peoples’ Rights and NGOs to combat corruption in Africa”. The address was delivered at the African NGO Forum in Banjul, The Gambia at the weekend.

    Regretting the Commission’s lack of capacity to enforce its recommendations, Falana advised African NGOs to take advantage of the relevant provisions of the constitution of their countries and international human rights instruments to fight the menace of corruption.

    Besides demanding from the government information on public affairs under the Freedom of Information (FoI) legislations, he said: “NGOs should encourage citizens to submit petitions pertaining to corruption and impunity to the police and other law enforcement agencies. If the petitions are ignored NGOs should not hesitate to approach other judicial fora for redress.”

    Falana further enjoined the African NGOs to emulate a Nigerian-based NGO, the Socio-Economic Rights and Accountability Project (SERAP), which has obtained court orders to compel the Federal Government to educate every Nigerian child, publish the names of looters, account for recovered loot since 1999, account for the money spent on water and electricity.

    He commended SERAP for exposing the World Bank, which had made false claims in respect of the Abacha loot.

    Falana claimed that in a bid to shield some public officers from prosecution for corruption, the bank had falsely claimed that the recovered loot of $500 million was spent on some projects, adding that since SERAP could not locate the projects, it has petitioned the Board of the Bank.

    Acknowledging that NGOs have done reasonably well in promoting civil and political rights, Falana said that such rights have remained a tantalising reality to the majority of our people.

    He urged African NGOs to shift attention and focus to the promotion and defence of socio-economic rights which are enshrined in the constitutions of African countries and African Charter on Human and Peoples’ Rights.

    “This is the only way to seriously wage the battle against the menace of corruption in Africa is to mobilize the masses who are the principal victims of corruption to demand accountability from the governments.”

    The lawyer regretted that 52 African heads of states were at Beijing, China, last month, to beg for a $60 billion loan for the so-called infrastructural development of the continent in the coming years.

    The loan, he argued, was unnecessary had the leaders prepared “to halt the annual illicit financial flow of $100 billion from Africa”.

    To stop the leaders from further exposing Africa to ridicule, Falana urged the NGOs “to link up with progressive political parties, trade unions and mass organisations. Otherwise, the ongoing substitution of European colonialism for Chinese imperialism by African rulers will continue.”

    He charged them to challenge the narrative on corruption by rejecting the dubious Western propaganda peddled by the Transparency International (TI) which has continued to paint Africa as the most corrupt continent.

    Falana described as unacceptable TI’s deliberate refusal to classify Switzerland, United Kingdom, United States (U.S.) and France as corrupt when the bulk of the billions of dollars stolen from Africa by corrupt rulers had been traced to banks and other financial institutions in their domains.

  • Falana, Olukotun for book launch

    Human rights activist and Lagos lawyer Femi Falana (SAN) and a scholar, Prof Ayo Olukotun, will speak on indigenous culture and the Nigerian child at a book presentation and symposium titled: Tolu’s October 1st Birthday at NECA House, CBD, Alausa, Ikeja, Lagos today.

    Falana, who will chair the event, will, with the Special Guest of Honour, Prof Olukotun, give in-depth exposition on dearth of culture among children is affecting raising great children and a great nation. The Chief Executive Officer (CEO), Compact Communications, Mr. Chuddy Oduenyi, will be the book presenter at the epoch making day, while the Acting Editor, Saturday Independent Newspaper, Mr. Yemi Adebisi, an award winning culture writer and author, is the Book Reviewer among other dignitaries.

    Author of ‘Tolu’s October 1st Birthday, Grace Modupe Oluwa Edema, a journalist, creative writer and public relations expert, said she was motivated to write the book by the norms of culture, described as a staple of the society from which knowledge, art, moral, law, customs and other capabilities and habits are acquired and developed by children who are the future leaders.

    She said the book also encourages parents, teachers, guardians and governments to imbibe indigenous culture in Nigerian youths, through their actions and inactions, for greatness of children and the nation.

    “The book is words carefully woven together for the purpose of raising great children. It tells how children can inculcate indigenous culture in selves and celebrate Nigerian cultures by showcasing our native dresses, foods and drinks of different tribes in the country. Nigerian culture is great,” she said.

     

  • Falana urges NLC to lead workers on anti-corruption war

    •Rights lawyer to PENGASSAN: recover $60b for minimum wage

    RIGHTS lawyer Femi Falana (SAN) has urged the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) to lead workers in the fight against corruption.

    He admonished the workers not to leave the battle to the government, stressing that “no government fights corruption genuinely”.

    He spoke as the guest speaker at the 40th anniversary of the Petroleum and Natural Gas Senior Staff Association of Nigeria  (PENGASSAN) in Abuja.

    The theme of discussion  was “Dynamic labour leadership fueling the economy”.

    The legal luminary, who insisted that Nigeria was yet to get value for its oil and gas blessings, wondered why the country remains a borrower instead of being a lender to other nations.

    He said peace would continue to elude the nation in as much as it has over 30 million children on the streets, stressing that the oil and gas industry remains the economic mainstay of the country that it can use to rescue the suffering citizenry.

    Falana noted that in 2015, he wrote a letter directing the attention of the Federal Government to the Offshore and Inland Contract Act that said government should review the sharing contract whenever the price of crude oil exceeds $25 per barrel.

    He said: “I wrote to NNPC, I wrote to the Saraki-led National Assembly . In 2016, Kachikwu confessed that $60 billion has been lost due to the non-implementation of the policy.”

    The Lagos lawyer noted that Bayelsa and Akwa Ibom states challenged the non-implementation up to the Supreme Court, where it was decided in their favour on Wednesday.

    He insisted that “we should collect the money. PENGASSAN should get the money for minimum wage”.

    President Muhammadu Buhari, who was represented by the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, said the association has played a vital role in stabilising the country.

    He said the government recognised the potential of the sector to contribute to the country’s Gross Domestic Product.

    He added that it was his pleasure to support the association in championing the N1.5 billion appeal fund for a digital library

    Kachikwu said he was particularly grateful to the association for the support and understanding it accorded him during the increase in the pump price of petrol.

    The Nigerian National Petroleum Corporation (NNPC), Group Managing Director (GMD), Dr. Maikanti Baru hailed the association for the maturity it exhibited during industrial disputes resolutions.

     

  • Falana to IG: prosecute parents who refuse to educate their kids

    RIGHTS lawyer  Mr. Femi Falana has urged the Inspector General (IG), Ibrahim Idris to arrest and prosecute parents and guardians, who refuse to allow their children and wards to acquire basic education.

    He gave the advice sequel to the grant of N291 billion Universal Basic Education Fund (UBE) by the World Bank to fund primary education.

    He gave the advice in a statement, titled: “Stakeholders must monitor disbursement of N291 billion Basic Education Fund”,  issued in Lagos yesterday.

    Falana urged the IG to direct state police commissioners to arrest and prosecute parents and guardians, who refused to allow their children and wards to acquire basic education, which, he said, is compulsory from primary to junior secondary school to ensure the success of the UBE scheme.

    The senior lawyer counselled the IG to comply with the provisions of the “compulsory, free Universal Basic Education Act”.

    Falana, who is the president of Peoples Alternative Front (PAF), counselled stakeholders in the education sector to monitor the disbursement and utilisation of the fund.

    He contended that except this is done by all concerned, “the fund may be diverted by politicians who are desperately looking for money to purchase votes during the forthcoming general election in the country”.

    He added: “Unless these measures are adopted without any further delay, the UBE fund will be diverted or wasted while the future of the 13.2 million out-of-school children will be doomed to the detriment of political stability and development of the country.

    The statement stated in part: “A couple of days ago, I blamed the authorities of the 36 state governments and the Federal Capital Territory for the embarrassing increase in the number of out-of-school children from 10.5 to 13.2 million.

    “I disclosed that N86.5 billion had not been accessed by majority of the state governments as at January 2018 due to their refusal to contribute counterpart fund.

    “However, I acknowledged that the World Bank had made available a grant  $611 million ( N219 billion) for the UBEC scheme.”

     

     

     

     

     

  • 13.2m kids out of school because states fail to access N67b UBE fund, says Falana

    LAGOS lawyer Femi Falana (SAN) yesterday berated the 36 states for failing to access N67, 191, 745, 882 lying fallow in the Universal Basic Education (UBE) Account in the Central Bank as at April 30.

    He said the development was reason why about 13.2 million children were out of school, adding that the figure was the highest worldwide.

    Falana stated this in a statement issued in Lagos yesterday titled: “UBE fund: N86 billion not accessed by state governments”.

    He added that of the 36 states and Federal Capital Territory (FCT), only Borno, Gombe, Jigawa, Kebbi, Lagos, Rivers and Federal Capital Territory have accessed the fund up to 2017.

    Quoting statistics from UNICEF, Falana, who is also National President of Peoples’ Alternative Front (PAF), said 60 per cent of the children are in the North. According to him, majority are girls due to early marriage.

    The rights lawyer said it was disturbing that education was not made a priority of any government and hence no state government has accessed the UBE fund up-to-date.

    “Having failed to fund public education, the children of the poor are roaming the streets, hawking goods while the rich are educating their children in private schools at home and abroad. But to the detriment of the society, the abandoned children of the poor are being recruited to criminality by terrorists, kidnappers and other criminal gangs.

    “The irony of the crisis is that a government, which claims that it lacks money to fund education is spending several billions of Naira to fight insurgency, kidnapping, armed robbery and banditry.

    “To arrest the dangerous trend, it is high time the Nigeria Police Force embarked on the arrest and prosecution of parents and guardians, who refuse to allow their children and wards to acquire basic education,” he suggested.

    He suggested that pressure should be mounted on the authorities of the FCT and the 36 state governments to access the N86.5 billion lying fallow in the UBE Account in the Central Bank.

    The activist lawyer noted that the National Assembly enacted the Child’s Right in 2003 sequel to the ratification of the United Nations’ Child’s Rights Convention by the Federal Government in 2001.

    Falana regretted that since then, only 25 out of the 36 states have adopted the Child’s Rights Act.

    The rights lawyer noted that under the Act applicable in the FCT and each of the Child’s Rights Law applicable in the 25 states, which have adopted the Act, every child is entitled to free and compulsory basic education from primary to junior secondary school.

    Falana added that while the 17 states in the South have adopted the Child’s Rights Act, eight out of the 19 states in the North have adopted it.

    He regretted that government officials who opposed the Child’s Rights Law in the North on alleged religious ground are educating their children in private schools at home and abroad.

    “In order to fund the basic education programme in the country, the National Assembly enacted the Compulsory, Universal, Free Education Act in 2004. To ensure adequate funding of the basic education programme, the Federal Government is required to allocate two per cent of the Consolidated Revenue Fund to the UBE Fund while the state governments and the FCT shall contribute counterpart fund to access the UBE Fund.

    “It is further provided that parents and guardians, who refuse to allow their children and wards to acquire compulsory basic education are liable to be arrested by the Police and prosecuted.

    “But as usual with other welfare laws applicable in the country, the federal and state governments have refused to implement the provisions of the Compulsory, Free, Universal Basic Education Act, the Child’s Rights Act and the Child’s Rights Laws. As if that is not enough, the said governments have refused to comply with the judgments of the ECOWAS Court and the Federal High Court,  which  have upheld the right of every Nigerian child to basic education”, he lamented.

  • Falana to Fed Govt: speak out on alleged missing $470.4m, N8.8b

    LAWYER and activist Femi Falana (SAN) has requested the Federal Government to open up on the missing $470.4 million and N8.8 billion, which the police claimed to have paid into government’s coffers.

    Falana spoke in a statement, titled: “Where is the missing $470.4 million and N8.8 billion”, issued in Lagos yesterday.

    It reads: “Last week, the Nigeria Police Force (NPF) claimed to have recovered some huge public funds, including the sum of $470.4 million and N8.8 billion belonging to the Nigerian National Petroleum Corporation (NNPC) BRASS/LNG hidden in some commercial banks in the country.

    “According to the Police Public Relations Officer, Acting DSP Jimoh Moshhod, the fund, which was recovered by the Monitoring Unit of the Inspector-General of Police, Mr. Ibrahin Idris, was part of the unremitted revenue by the NNPC to the Treasury Single Account (TSA) in the Central Bank of Nigeria in violation of President Buhari’s directive that all public funds be domiciled in the TSA.

    “Instead of seeking clarification from the Police authorities, the management of the NNPC swiftly dismissed the report and claimed that there was no missing fund.

    “It is strange that the authorities of the Nigeria Police Force did not contact the NNPC Management before announcing the recovery of the said sum of $470.5 million and N8.8 billion.

    “However, notwithstanding the lack of coordination on the part of both institutions, the Central Bank of Nigeria ought to confirm the receipt of the missing fund, which is alleged to have been deposited in the TSA.

    “Apart from explaining the whereabouts of the money, the Federal Government should declare and account for all the funds recovered since 1999 in line with the order obtained from the Federal High Court by the Socio-Economic and Accountability Project (SERAP),” it stated.

  • Sacked Mobil workers: Falana seeks compliance with Supreme Court judgment

    Lagos lawyer Femi Falana (SAN) has accused Mobil Producing Nigeria Unlimited of disregarding a judgment of the Supreme Court which ordered the reinstatement of about 860 employees of the company.

    The apex court, in its judgment delivered April 20,  also ordered payment of outstanding entitlements of the 860 employees.

    In a petition sent to the Minister of Labour and Employment, Dr. Chris Ngige yesterday and titled: “Disobedience of the judgments of the Supreme Court by Mobil Producing Unlimited”, Falana urged the minister to ensure that the oil company complied with the order of the apex court by reinstating the sacked workers.

    He said: “Since the oil company cannot disobey the judgment of the Supreme Court of United States of America, it should not be allowed to treat the Supreme Court of Nigeria with disdain.

    “Whereas the Supreme Court has ordered the reinstatement of the security personnel, the Managing Director of the oil company, Mr Paul McGrath issued a statement on July 13, 2018 wherein he said that ‘Management has further decided to release the affected personnel effective July 13, 2018 under the company’s End of Service Benefit Plan.

    “Having regard to the facts and circumstances of this case, we are compelled to urge you to use your good offices to ensure that the valid and subsisting judgments of the Supreme Court are fully complied with not later September 24, 2018. As our clients have lost their patience, we can no longer restrain them from taking appropriate measures to ensure compliance with the judgment of the highest court of the land”, he said.

    According to him,  Exxon Mobil recruited some Nigerians as security personnel in 1986 but later converted them to Spy Police personnel in a bid to short change them adding that the oil company perfected this with the connivance of the Nigeria Police Force authorities,  a decision he described as  anti labour policy of the country.

    He said the security personnel who rejected their illegal posting by the police were dismissed while those who remained in the service of the oil company were kitted and paid meagre  salaries of serving spy police personnel which was provided by the oil company.

    Falana said that in 2005, the security staff sued the oil company at the Federal High Court, Uyo for dismissing some of them and for converting others to spy police personnel.

  • Falana: change dismissal of officers who raided Clark’s house to suspension

    Activist lawyer Femi Falana has asked the Police Service Commission (PSC) to convert the dismissal from the Nigeria Police of the three inspectors, who raided the home of Chief Edwin Clark, to suspension.

    While justifying the dismissal of the three officers, the Inspector-General of Police(IGP), Mr. Ibrahim Idris, said the search of Chief Edwin Clark’s house was carried out without authorisation.

    But in a statement in Lagos yesterday titled: “Beyond the illegal search of Chief Edwin Clark’s House”, Falana contended that the only body constitutionally empowered to dismiss and exercise disciplinary control over all serving police officers is the Police Service Commission.

    He noted that since no security officer has ever been sanctioned for invading and searching the home of any citizen, the dismissal of the three police Inspectors ought to be revisited and reviewed by the PSC.

    Falana said: “Since Chief Clark has graciously accepted the public apology tendered by the police authorities, the dismissal of the policemen should be converted to suspension.”

    He noted that some lawyers have questioned the legality of the sanction imposed on the three officers since the search was carried out pursuant to a search warrant issued by a magistrate in the Federal Capital Territory.

    Falana said none of the arguments considered the fact that “were it not for the status of Chief Clark in the country, the police would not have sanctioned the officers, who conducted the search.”

    He said: “A search warrant per se cannot legalise the unlawful infringement of the right of a citizen to privacy guaranteed by Section 37 of the Constitution. More so that the warrant in question was found to have been issued by a magistrate in error and on the basis of misrepresentation of facts or outright falsehood adduced by the police.”

    Falana said the statement made by the IGP on the dismissed officers had given the misleading impression that no offence would have been committed if the search had been authorised.

    “It is, however, submitted that the authorisation of the Inspector-General of Police would not have legalised the search once it was conducted in breach of the human rights of the owner or occupant to privacy. It is pertinent to point out that the violation of any of the fundamental rights guaranteed and protected by the constitution is illegal, unless it is reasonably justified in a democratic society.

    “Having regard to the facts and circumstances of this case, it cannot be said that the information gathered from someone in a taxi to the effect that Chief Clark had stored weapons in his house without any preliminary investigation was sufficient to have created reasonable suspicion to justify rushing to a magistrates’ court to obtain the search warrant,” he said.

    Falana added: “The law in a class society like Nigeria is essentially designed to protect the rights and interests of the bourgeoisie and other personalities. But since the constitution has formally decreed that every citizen shall have equality of rights, obligations and opportunities  before the law, the advantage of the case of Chief Clark is that it can always be cited and relied upon by human rights defenders to challenge the

  • PACAC chief, Falana: Africa must set agenda on loot recovery

    Africa must set the agenda on discussions around curbing illicit financial flow and enhancing the recovery of assets stolen from the continent, Presidential Advisory Committee Against Corruption (PACAC) Executive Secretary Prof Bolaji Owasanoye said yesterday.

    According to him, letting the international community set agenda for such discussions may not always be in the continent’s best interests.

    Owasanoye said it was for that reason that PACAC organised the second “International Conference on Combating Illicit Financial Flows (IFF) and Enhancing Asset Recovery (AR) for Sustainable Development,” which ended yesterday in Abuja.

    It was done in collaboration with the Federal Inland Revenue Service (FIRS), the Ministry of Foreign Affairs, the Federal Ministry of Justice and the African Union (AU).

    Owasanoye said: “What we set out to do at PACAC was to create a platform to set the agenda to discuss our own issues. Oftentimes Africa depends on the international community to create the platforms to discuss things that affect her.

    “If someone else was to create that platform and set the agenda, of course they would discuss and put on the agenda the things that are of paramount interest to them.

    “So, we wanted to create a platform to discuss things that are of importance and interest to us in Africa, and from there, take the conversation forward.”

    Activist-lawyer Femi Falana (SAN) warned that Africa should not expect Western countries, which he accused of complicity in illicit financial flow, to be of willing assistance to the continent.

    He spoke on the first day of the conference when he chaired the session: “Holding IFF facilitators and intermediaries accountable.”

    Falana said: “When you’re talking of illicit flow of wealth from Africa, we have to take up the battle ourselves.

    “There is no way western countries that are benefitting from the criminality will help us. We have to do it ourselves.

    “As Africans, we must not be on the defensive when we’re discussing illicit flow of our wealth. Don’t be on the defensive. It takes two to tango.

    “That is why we must join issues with Transparency International and all the funny agencies that point accusing fingers at us. It takes two to tango.

    “President Muhammadu Buhari made the point in the United Kingdom after Nigeria was described by David Cameron as ‘fantastically corrupt’.

    “When the President was asked about it, he said he was not demanding an apology; that he was only asking the Prime Minister to return our looted wealth.”

    The leading human rights lawyer called for the prosecution of intermediaries who facilitate illicit financial flow.

    According to him, the anti-graft war will not be successful if the middlemen are not held accountable.

    Falana said: “Our anti-graft agencies have not begun to sanction intermediaries. What is done in some other countries is to ensure that you deal with the intermediaries, because without dealing with the lawyer, the banker, the estate agent, the fight against corruption cannot be meaningfully fought.

    “In the Ibori case, a lawyer was jailed for seven years for hiding documents which should have been turned over to the prosecution in the course of prosecuting Ibori.”

    At the conference were members of diplomatic community, representatives of international organisations, policy makers and top government officials, as well as speakers and participants from Kenya, Mali, Senegal, Cape Verde, Ethiopia, The Gambia, Botswana, Honduras, among others.

  • Falana advocates more fund for police

    •Lagos command to get 10 interrogation rooms

    Activist lawyer Femi Falana (SAN) yesterday canvassed adequate funding of the police to enable them discharge their duty effectively.

    Lagos State Police Commissioner Imohimi Edgal said the command would soon get 10 interrogation rooms, courtesy of Governor Akinwunmi Ambode.

    They spoke at a training organised by the Committee for the Defence of Human Rights (CDHR) and the Lagos State Police Command for senior officers.

    The training was held at Police Officers Mess, GRA Ikeja.

    Noting the challenges faced by police officers in the discharge of their duties, Falana said it would be difficult for them to practicalise all they had been taught without funds.

    He said: “There is a need to sit with the Attorney General of the Federation (AGF) for sufficient money to be availed the police for diligent investigation. Close Circuit Television (CCTVs) are to be installed in all police stations.

    “Police stations are supposed to be given running grants but it is not so. They are made to depend on the public to assist. This is why some times, it is about who pays the piper. It is not their fault but the fault of the society.

    “This is why I advise people clamouring for state police that certain things must be put in place first. Is it a state that cannot pay salary that will arm its people?

    “There are equipment the police can use to check if weapons are kept somewhere. This can be done through radar. The same equipment can be used to scan vehicles even from a distance to a checkpoint and so, the police do not have to stop and start checking items.

    “The key to the success of the police is for government to fund them adequately. When I was in Guinea Bissau, I noticed Nigeria Police men on Peacekeeping mission there performed very well. This is because they were well kitted and funded.”

    Falana condemned the government for sending security operations to fight terrorists with inadequate weapons.

    He said it was the responsibility of the police to contact families of suspects to notify them that their relatives were being detained.

    Edgal said the interrogation rooms would have state of the art recording devices.

    The government, he said, had also approved a desk for police detectives at the DNA centre so that they could go to crime scenes with experts whenever the need arises.

    Edgal said: “The contract has been given out. I thank the governor for supporting the police. Remember that the Administration of Criminal Justice Law (ACJ), 2015 is Lagos law. Also, there is an Appeal Court Judgement to the effect that statement of suspects must be recorded.

    “That was what the Attorney General of the state, Adeniji Kazeem put forward to the Governor, which gave rise to the 10 pilot interrogation rooms we will soon have.

    “They will be rooms where suspects’ statements will be recorded. There will be interpreters and writing experts to interpret statements from suspects’ language to English. All these will be done within the ambit of the law.

    “So that when we get to court, we are fully prepared to state out facts clearly in line with the law.”