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Tag: Falana

  • Falana: no serious restructuring without wealth redistribution

    Activist-lawyer Mr. Femi Falana (SAN) said yesterday that any restructuring of the country could only be meaningful if wealth was equitably distributed.

    He said merely restructuring Nigeria would not guarantee unity and political stability without the redistribution of wealth.

    Falana was of the view that while the country needed power devolution, only the democratisation of power and equitable redistribution of the commonwealth along egalitarian lines would engender unity.

    In a paper delivered at the 19th Mike Okonkwo Annual Lecture in Lagos, the Senior Advocate said since the rich were united in exploiting the country’s national resources, the exploited poor and oppressed should unite to free themselves from poverty.

    He said: “A leading Peoples Democratic Party (PDP) presidential candidate, Alhaji Atiku Abubakar, has become one of the leading proponents of restructuring, but his support for restructuring has not addressed the crucial issue of the redistribution of the national wealth.

    “After all, in his capacity as the Vice-President and Chairman of the National Council on Privatisation, Alhaji Abubakar presided over the restructuring of the nation’s economy through the liquidation of public assets and the privatisation of the commanding height of the economy.

    “The policy led to a situation whereby major public enterprises and assets, including oil blocks, were sold to the so-called ‘core investors’.

    “Such official transfer of the commonwealth to a few local and foreign corporate bodies will have to be reversed in the interest of the people.”

    According to Falana, the nation cannot be seriously restructured without equitable redistribution of wealth.

    “Therefore, those who have cornered the commonwealth should not be allowed to talk of restructuring in vacuo.

    “In other words, the campaign for restructuring should encompass the decentralisation and democratisation of political and economic power, which have been privatised by all factions of the ruling class,” he said.

     

     

  • Falana to leaders: you have contempt for rule of law

    •NBA slammed for being docile

    Activist-lawyer Mr. Femi Falana (SAN) said yesterday that leaders had contempt for rule of law.

    He blamed lawyers for not resisting disobedience of court orders.

    Falana recalled that in the past, the Nigerian Bar Association (NBA) shut down courts when the government disobeyed orders.

    He said today, the NBA has become “comfortable” with the violation of the rule of law.

    The respected SAN spoke at the ongoing Annual General Conference of the NBA in Abuja, with the theme: “Transition, transformation and sustainable institutions.”

    Speaking during a session on “Rule of Law and Security”, Falana criticised attorneys-general, who he said encouraged their bosses to disobey court orders.

    Reacting to President Muhammadu Buhari’s statement at the conference opening that “the rule of law must be subject to the supremacy of the nation’s security and national interest”, the activist-lawyer said the issue was about who defined national security.

    “What the President, with profound respect, was saying on Sunday is what they call in East Africa ‘rule of rulers’, not rule of law. We need to strike a balance between the rule of law and national security.

    “State security does not mean the security of the government in power. It means the collective security of Nigerians.

    “When you disobey a court order, you are inviting anarchy and chaos, and that is subversive of national security,” he said.

    Falana referenced the detention of Islamic scholar Ibrahim El-Zakzaky and his wife despite court orders that they be released.

    He said although El-Zakzaky was later accused of murder, those charged with him for the offence had been discharged and acquitted.

    Falana said: “I can tell you today that all the governments in Nigeria, including Abuja and all the 36 states, have contempt for the rule of law, and our colleagues, who are attorneys-general, connive with the government, including President Buhari and the governors.

    “There is none of them who will not seek the legal advice of the attorney-general if confronted with obedience to court orders. It is our colleagues who will advise: ‘We don’t need to obey the order.’”

    He said he once challenged a governor why he did not obey a court order.

    According to him, the governor’s response was that his attorney-general told him there would be an appeal, and that before the case was decided by the Supreme Court, they would have left office.

     

     

  • How to stop SARS’ brutality, by Falana

    Human rights lawyer Femi Falana, SAN, has suggested ways to curb the excesses of police unit, the Special Anti-Robbery Squad (SARS).

    He said the ongoing reorganisation of SARS will fail unless citizens are mobilised and empowered by the government, the Nigerian Bar Association and human rights community, to enforce their rights.

    Falana recommended the prosecution of indicted SARS operatives, amendment of the Sheriff and Civil Process Act, greater use of the Administration of Criminal Justice Act (ACJA) 2015, among others.

    He noted that the ACJA, in particular, if implemented, “can put an end to the atrocities of SARS and other law enforcement agencies.”

    The lawyer made the recommendations in a paper titled: ‘How citizens can curb the excesses of SARS’.

    Falana hailed Acting President Yemi Osinbajo for directing Inspector-General of Police (IGP) Ibrahim Idris to review the SARS’ operations,

    but urged the police to ensure that indicted police officers were prosecuted and made to pay part of the damages awarded by the courts to victims of police brutality.

    He praised the organisers of the #ENDSARS campaign “for forcing the Inspector-General of Police to embark on the reform of the SARS.”

    “This must be complemented by the determination of the federal and state Attorneys-General to give fiat to victims of police brutality, to enforce judgment debts awarded by the courts against the Nigeria Police Force.

    “Members of the armed forces should be removed from the SARS since it is the constitutional responsibility of the police to maintain law and order in a democratic society.

    “Police personnel in the reconstituted SARS should be well trained, well-motivated and well equipped to deal with crimes in the society. In addition, the teaching of basic human rights ought to be made compulsory in the police academy and similar institutions.”

    The lawyer noted that it was the duty of state governments, which fund the operations of the SARS, to monitor its activities and prevent it from violating the rights of the people in each state of the federation.

    He said the National Human Rights Commission (NHRC) and the Office of the Public Defender (OPD) in each state should ensure that the excesses of law enforcement agencies are curbed.

    According to him, the Nigerian Bar Association and the human rights community should embark on mass enlightenment of Nigerians with respect to the fundamental rights enshrined in the Constitution.

    “They should also educate citizens on their basic rights under the Administration of Criminal Justice Act, 2015 and Anti Torture Act, 2017.”

    Falana said in 2014, he received complaints pertaining to alleged disappearance of robbery suspects in police custody.

    Said he: “In the course of investigating the complaints, our law firm found that no fewer than 532 robbery and kidnap suspects were arrested, detained and paraded at crowded news conferences addressed by police commissioners in all states of the federation. To my utter dismay, the majority of the suspects were illegally executed by the operatives of the SARS”

    Falana advised the relations and friends of any suspect killed in police custody to press charges against the culprits.

    “Where the identity of the culprits is not disclosed, an inquest should be conducted to identify them with a view to prosecuting them. The government should also be made to pay compensation to the families of suspects who are killed illegally in police custody,” he said.

    Falana called on the National Assembly to repeal Section 84 of the Sheriff and Civil Process Act, which provides that a judgment creditor cannot garnishee the accounts of a public institution without seeking and obtaining the fiat of Attorneys-General.”

     

     

  • Falana to Fed Govt: probe allegations against Daura

    RIGHTS lawyer Femi Falana (SAN) has urged the Federal Government to probe allegations of human rights violations, abuse of office and corruption, which marred the tenure of ex-Department of State Services (DSS) Director-General Lawal Daura.

    Falana, in a short statement yesterday, said: “I had a running battle with Daura over the illegal detention of many detainees, including Zamfara legislators, two Indian nationals, politicians, student leaders, journalists etc.

    “He prevented the Federal Government from complying with the orders of the court to release former National Security Adviser Col. Sambo Dasuki (retd), Ibraheem Elzakzaky and his wife, Zeinab Elzakzaky.

    “He housed the fugitive, Abdurasheed Maina. He countermanded the nominations of the President and colluded with fifth columnists to sabotage the democratic process. Allegations of human rights violations, abuse of office and corruption, which marred Daura’s tenure should be fully investigated.”

     

     

  • Falana seeks prosecution of killers of 121 Nigerians in South Africa

    Lagos  lawyer Femi Falana (SAN) has asked the Federal Government to urge President Cyril Ramphosa administration to prosecute culprits involved in the killing of 121 Nigerians in South Africa in the last 18 months.

    He said this is the only way to stop further killings of Nigerians in South Africa.

    Falana gave the advice in a statement issued in Lagos yesterday, titled: “How government of Nigeria and South Africa failed to prevent brutal killings of 121 Nigerian citizens in South Africa”.

    The advice was sequel to the brutal killing of one Chibuzo Nwankwo, a 42-year old Nigerian immigrant who hailed from Enugu State, whose death has since been confirmed by the Nigerian community in that country.

    The activist lawyer said South Africa should be made to compensate the bereaved families of Nigerians that have since been killed in South Africa due to official negligence and impunity on the part of their government.

    He noted that the xenophobic attacks on immigrants continued in South Africa owing to government’s failure to put adequate measures in place to prevent the trend.

    Admitting that the South African government has not been directly implicated in the killings, Falana contended that its refusal to prosecute  the suspected murderers has emboldened the criminal elements that have specialised in the killing of unarmed African immigrants.

    “To that extent, the South African Government is liable to bear full responsibility for the mindless killings,” he stated.

    Falana said there should be a firm commitment on the part of the government of South Africa to protect the life of every African immigrant in strict compliance with Article 4 of the African Charter on Human and People’s Rights, which provides that “human beings are inviolable”.

    “Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right,” he maintained.

    Falana noted that in spite of the leadership roles of both Nigeria and South Africa in the African continent, the governments of both countries have deliberately refused to accept the jurisdictional competence of the African Court on Human and People’s Rights by making a declaration in line with Article 34 (6) of the protocol for the establishment of the court.

    He argued that by refusing to domesticate the declaration, both countries have made it impossible for their nationals, whose human rights have been violated by state actors to seek legal redress in the African Court on Human and People’s Rights sitting in Arusha, Tanzania.

    “As if that is not enough, the Government of South Africa has virtually concluded plans to withdraw from the International Criminal Court (ICC) by revoking the ratification of the Rome Statute, which was authorised by President Nelson Mandela on July 17, 1998.

    “On its own part, the government of Nigeria has not gone beyond the regular condemnation of the brutal killings. Up till now, the government has not deemed it fit to take bold diplomatic measures to guarantee the security of the life and property of every Nigerian citizen living in South Africa.

    “The Federal Government has not even assisted the victims of xenophobic attacks and relatives of those who have been hacked to death to demand for the payment of aggravated damages and prosecution of the  culprits who are well-known to the police authorities in South Africa,” he lamented.

    He remarked that the lackadaisical attitude of the Nigerian  government to the brutalisation of Nigerian immigrants in South Africa is not surprising in view of the impotence of the state to curb the incessant  killing of innocent citizens at home  by terrorists, herders, armed robbers, kidnappers and other bandits.

     

     

  • Falana to governors: meet Buhari on policing

    Lagos lawyer Femi Falana (SAN) has urged the 36 state governors to request President Muhammadu Buhari to convene  an urgent meeting of the Nigeria Police Council to deliberate on the organisation, administration and general supervision of the Police.

    He said the meeting should design strategies for effective policing of each state of the federation and the Federal Capital Territory (FCT).

    In a statement issued yesterday in Lagos, Falana said he suggested the meeting in view of the worsening security situation.

    The Lagos lawyer based his request for a meeting of the governors and Buhari on seven legal grounds.

    According to him, “The Nigeria Police Council is one of the Federal Executive Bodies established pursuant to Section 153 (1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended;

    “By virtue of Paragraph L, Part 1 of the Third Schedule to the Constitution, the council is constituted by the President, the governor of each of the states of the Federations, the Chairman of the Police Service Commission and Inspector-General of Police;

    “The functions of the council include the general supervision, organisation and administration of the Nigeria Police Force and other matters relating thereto;

    “The council is also required to advise the President on the appointment of the Inspector-General of Police in accordance with section 215 (1) of the constitution.”

    Falana added: “But due to the failure of the council to hold regular meetings in line with the provisions of Section 159 of the Constitution, its functions have been performed exclusively by the Presidency since civil rule was restored in the country May, 1999;

    “Instead of insisting on  joint control and management of the Nigeria Police Force with the President as envisaged by the Constitution, the 36 state governors are currently campaigning for the establishment of State Police, thereby giving the impression that what we have in place is a Federal Government Police Force; and that

    “It is doubtful if the governors are familiar with the case of the Attorney-General of Anambra State V Attorney-General of the Federation (2005) 9 NWLR (Pt 932) 572, wherein the Supreme Court held that, “The Constitution in section 215 subsection (1) clearly gives the Governor of Anambra State the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the state.”

    He said like majority of concerned citizens, he has watched with dismay and frustration, the unabated killing of thousands of innocent people, including children and the wanton destruction of properties by terrorists, herders, kidnappers, armed robbers and other bandits.

    “Having taken over the monopoly of violence the armed gangs have continued to unleash mayhem in various communities despite official assurance that the Federal Government is committed to the protection of the life and property of every person living in Nigeria.

    “In view of the worsening security situation in the country, I am compelled to call on the 36 state governors to request President Buhari to convene  an urgent meeting of the Nigeria Police Council to deliberate on the organisation, administration and general supervision of the Nigeria Police Force with a view to designing strategies for effective policing of each state of the federation and the FCT,” he said.

    Falana told the governors to take advantage of the proposed meeting to direct the Attorneys-General of all the states of the Federation to embark on the immediate prosecution of the hundreds of suspects that have been arrested by the combined teams of the Police and the Army for culpable homicide, kidnapping, armed robbery and arson which are state offences.

     

  • Insecurity: Falana seeks removal of service chiefs

    UNLESS the federal and state governments discarded impunity, the destruction of properties and killing of law abiding citizens, including children, by arsonists and others will not stop, activist lawyer Femi Falana (SAN) has said.

    He, therefore, called for removal of service chiefs, who have proved incapable of discharge their constitutional duties to arrest the ongoing killing.

    Falana stated this while addressing the Catholic community in Ekiti State last Friday at a public lecture delivered in honour of Bishop Felix Ajakaiye.

    The human right lawyer, who blamed incompetence and impunity for the wave of insecurity, warned that the nation may be witnessing internal sabotage from the security forces by young military and police personnel, who are protesting the incompetence of the service chiefs.

    The Lagos lawyer identified official impunity on the part of the nation’s Attorneys-General as a major cause of the reckless killing and kidnap of citizens by armed gangs.

    “It is on record that the hundreds of murder suspects indicted by several administrative and judicial tribunals of inquiry for killing innocent people in Plateau State in the past 10 years have been treated like sacred cows by the state government.

    Falana noted that the unimaginable incompetence displayed by the Federal Government in preventing the massacre of innocent people has endangered the country’s corporate existence.

    He said: “President Buhari and his officials have not helped matters as their reactions have tended to give the impression that the Federal Government is conniving with armed herders and bandits.

    “For instance, during his last visit to the United States last year, President Buhari blamed the killings by herders on Gaddafi’s men, who had infiltrated the country through our porous borders. The Federal Government has since turned round to blame disgruntled politicians for the killings.”

    The senior advocate joined issues with the federal government for accusing the Benue state government of vicariously liability by enacting an anti-grazing law.

    He wondered why the Federal Government has failed to adduce any reason “for the bloodletting in Plateau, Kaduna, Nasarawa and Zamfara states which have not enacted anti-grazing laws.”

  • Falana calls for prosecution of ‘killers’

    Activist lawyer Femi Falana (SAN) has urged Plateau State Governor Simon Lalong  to arrest and prosecute all those connected with the recent killings of over 80 people in the state.

    He made the request in a letter sent to the governor dated June 26, 2018 and titled: “Request for the arrest and prosecution of the murder of 86 unarmed people”.

    Falana said since a group has already claimed responsibility for the heinous crime, he was compelled to request the governor to order the Police to arrest and investigate the suspects.

    He said if the governor does not take appropriate action to stop the killings in Plateau state, he would  report  the Federal Government and the Plateau State government to the Special Prosecutor of the International Criminal Court (ICC) for condoning crimes against humanity and genocide.

    He advised that at the end of the ongoing investigation, the Attorney-General of Plateau State should be directed to  prosecute  the suspects  for conspiracy and culpable homicide.

    The erudite lawyer sympathized with the Government and people of Plateau over the reckless and cold murder of 86 unarmed people in Razat, Ruku, Nyarr, Kura and Gana-Ropp villages of Gashi District in Barkin Ladi Local Government in Plateau State.

    He appreciated the measures adopted by the governor to restore law and order in the affected local government.

    He, however, emphasized that it is high time that the brazen impunity of the serial murderers in Plateau State was challenged by the State Government.

    “Otherwise, the reckless killing of unarmed citizens by  criminal gangs will continue unabated”, he said.

  • Fed Govt needs political will to recover looted funds, says Falana

    Lagos lawyer and rights activist Femi Falana has urged the Federal Government to munster the political will to recover the over $200 billion stolen funds in Nigeria.

    Falana spoke on Monday at the launching of Strengthening Citizens’ Resistance against Prevalence of Corruption funded by UK aid in partnership with Action Aid Nigeria, Center for Democracy and Centre for Communication and Social Impact,  United Kingdom

    Falana said: “All the looted wealth so far recover by Buhari government from some politically exposed persons is less than $2 billion whereas if the government can muster the political will, it can recover over $200 billion within the next six months.

    “National Extractive Industries Transparency Initiative (NEITI) disclosed that the sum of  $16.8 billion had been withheld from the Federation Account by the Nigeria National Petroleum Corporation. In another development, the National Executive Council has indicted some federal revenue generating agencies over non-remittance of N526 billion and $21 billion into Federation Account between 2010 and 2015.

    “The National Economic Council, NEITI, Minister of State for Petroleum, Economic and Financial Crime Commission have confirmed the figures, what we have to do is to move to recover these huge funds so that the government can fight poverty and promote infrastructural development and invest in human capital development. That is the way to fight and abolish corruption.”

    The Editorial Board Chairman of The Nation, Sam Omatseye, said the only way to tackle corruption in Nigeria was to have people at the top who were ready to commit class suicide.

    He said corruption was in every sector of the economy.

    “We have moved from a stage where we are shy to say we are stealing; we are now at a stage where we say, ‘we steal and so what’. The love and joy of being in office is now to steal enough to remain in office. I don’t know how Nigeria can get out of corruption,” he said.

    The Lagos State Attorney- General and Commissioner for Justice, represented by Mrs. Tola Akinsanya, said all must be involved in the fight against corruption.

    Centre for Communication and Social Impact  Executive Director Babafunke Fagbemi called on Nigerians to take ownership of the anti-corruption agenda.

    She said: “The campaign will communicate to Nigerians what they stand to gain personally by doing away with corruption.  The campaign hopes to build the confidence and values of integrity, honesty and transparency.  It also seeks to maintain public support for anti-corruption  and promote a corruption free mentality.”

    She urged the media to share public option in a bid to change norms about corruption, saying: “Media are critical partners in the campaign to bring visibility to issues around corruption,” she said.

     

  • Falana seeks enforcement of Nigerians’ fundamental rights

    lagos lawyer and activist Femi Falana has urged President Muhammadu Buhari  to direct all security agencies in the country to respect the fundamental rights of every citizen.

    A statement by the lawyer in Lagos yesterday titled: “Emergence of incipient fascism in Nigeria” said since the federal government has undertaken to stop impunity and respect the human rights of every person living in Nigeria under the rule of law, “the human rights community should be prepared  to halt fascism which has continued to rear its ugly head in the land”.

    Falana lamented that the All Progressive Congress (APC)-led federal government has allowed the security agencies in the country to disperse peaceful rallies convened by aggrieved citizens.

    “Under the pretext of maintaining law and order scores of unarmed protesters have been brutally killed by the police and the army. The arrest and detention of criminal suspects and law abiding people without court orders has continued unabated.

    “To compound the brazen violations of the human right of Nigerians to personal liberty the orders for the release of certain persons made by competent courts have been treated with contempt in defiance of the Rule of Law. Curiously, officials of the federal government have continued to expose the country to unwarranted ridicule by defending the illegal detention of citizens without trial,” he said.

    Falana cited the case of Senator Enyinnaya Abaribe is being detained by the State Security Service (SSS)  on account of his links with the Indegenous People of Biafra (IPOB).

    He added that the Senator had stood surety for Mr. Nnamdi Kanu, the leader of IPOB and that since Kanu failed to show up in court, the Senator has been asked by the Federal High Court to produce the defendant in the treason charge against him.

    He contended that the Federal Government ought to have allowed the law to take its course.

    “However, if there is evidence that the Senator has committed any other criminal offence whatsoever he should be arranged in court without any further delay. And if the State Security Service has not concluded the investigation of the allegations against the Senator, he should be admitted to administrative bail pending his possible arraignment in court”.

    Falana also recalled that last week the Committee for the Protection of Journalists and 18 other international press organisations demanded for the release of a journalist,  Mr. Jones Abiri from illegal custody.

    In justifying the action of the detaining authority, he noted that a presidential spokesperson, Mr. Garba Shehu claimed that Abari is not a journalist because  he is not a member of any chapel of the Nigerian Union of Journalists but alleged that “Abiri’s stock-in-trade and notoriety in the liberalised media industry include fronting as a spokesperson for militants engaged in economic sabotage in the Niger Delta.

    ” Assuming without conceding that Mr. Abari is a not a journalist why should he be subjected to indefinite detention and not arraigned in a court of law for alleged economic sabotage? Mr. Shehu did not refer to any law that compels every journalist in Nigeria to be a member of the Nigerian Union of Journalists,” he stated.

    He added that under the defunct regime of the People Democratic Party (PDP),  the leaders of the All Progressive Congress (APC) cried out against the incessant infringements of the fundamental rights of their members and other innocent Nigerians and  that the human rights community did not hesitate to take up the complaints of the victims of such abuse of human rights.

    He said: “At the instance of the defunct All Nigerian People Party and other opposition political parties, our law firm challenged the constitutional validity of police permit when the Nigeria Police Force violently disrupted the rally held by the ANPP in Kano in May 2003 to protest against the rigging of the 2003 general election by the Olusegun Obasanjo regime. General Mohammadu Buhari and other ANPP chieftains were tear-gassed and dispersed on the grounds that they had assembled without obtaining police permit.

    “The Federal High Court granted the reliefs sought by the Plaintiffs. In upholding the fundamental rights of Nigerians to freedom of expression and assembly the Court declared that  police permit for rallies and public meetings was illegal and unconstitutional.

    “The appeal filed against the judgment by the Inspector-General of Police was dismissed by the Court of Appeal which held that police permit was a relic of colonialism which cannot be justified under a democratic dispensation. On the basis of the verdicts of both  the Federal High Court and the Court of Appeal the National Assembly amended the Electoral Act in 2015 to provide for police protection for Nigerians during demonstrations.

    “ Under the current human rights law regime, no citizen shall be detained in any custody beyond 48 hours without a remand order issued by a court of competent jurisdiction.”