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Tag: Femi Falana (san)

  • Declare how much stolen funds you’ve recovered, Falana asks Fed Govt

    Activist lawyer Mr Femi Falana (SAN) has asked the Federal Government to declare how much stolen funds it has recovered since 1999.

    The first woman Senior Advocate of Nigeria (SAN), Chief Folake Solanke, shared Falana’s position on Thursday when they spoke at the 20th Mike Okonkwo Annual Lecture during the celebration of the 74th birthday of the Presiding Bishop of The Redeemed Evangelical Mission (TREM), Bishop Mike Okonkwo at the MUSON Centre, Lagos.

    Solanke was the chairman of the occasion while Falana was the guest speaker.

    Delivering the lecture, titled: The Danger of Unequal Criminal Justice System in Nigeria, Falana said the Federal Government, through the Economic and Financial Crimes Commission (EFCC), had recovered over N1 trillion from looters through its whistle-blower policy since 1999.

    But the popular lawyer said the exact amount had not been declared, neither had the government said what the funds were used for – though he also mentioned that N605 billion was recently recovered.

    Falana said the government should use the funds to empower local government areas to provide jobs at the grassroots to check unemployment and curb crime.

    He said: “The Federal Government has recovered huge sums of money from looters. One of the policies of government, the whistle-blowing policy, has fetched the country N605 billion as of three months ago. I am, therefore, suggesting that the billions recovered by the EFCC, let the Federal Government allocate at least N1 billion to every local government area for job creation for our young men and women.”

    On the nation’s justice system, Falana regretted that despite the constitutional stipulation of equality before the law, it has been difficult for the poor to get justice.

    The popular lawyer said majority of Nigerians have no access to lawyers, while the rich are able to subvert justice by paying huge sums of money to stretch trials, get police and military connivance or buy favourable treatment when incarcerated.

    He said: “Section 17 (2) (a) of the Constitution of Nigeria talks of equality before the law. But I am sure you will all agree with me that equality before the law is a joke in any capitalist society.

    “What we have done is to create agencies, like the Legal Aid Council, the National Human Rights Council (NHRC) and individual lawyers to encourage them to ensure that the poor get justice.

    “Because if the poor do not get justice, whether the government likes it or not, whether you arrest al the Sowores of this world, there will be a revolution one day. Because when the poor rise, it can be dangerous in any society.  It can even lead to anarchy, as it is the case now.

    “Wednesday, what happened in Lagos – the attacks – if you watched the film on television, you will know that we are in trouble. Some of the criminal elements openly carried the loot on their heads and the police had a hard time containing the crisis. That is why we must go out and ensure that injustice in the polity is addressed.”

    Falana accused the military and police of aiding crime in Nigeria by conniving with criminals and politicians.

    The activist lawyer gave example of notorious kidnapper Evans, who allegedly used a Lance Corporal to pass through checkpoints without being checked while his victims were in the boot.

    He also alluded to the current case of Taraba State-based kidnapper, Alhaji Hamisu Bala (aka Wadume) in which the suspect exchanged calls with a Divisonal Police Officer (DPO) and an Army captain.

    He said the arrested soldiers in the Wadume case should be tried by the Attorney General of Taraba State, and not the military.

    The activist lawyer described the court martial as a cover-up.

    Falana said: “Every crime in Nigeria has to be tried in the venue of the crime. So, if the people are killed in Jalingo, Taraba State, you cannot try them in Jos, Plateau State. That means you want them to escape justice.

    “So, we are asking the authorities, particularly the Attorney General of Taraba State, to take over the case without further ado so that justice can be served without further delay.”

    Read Also: Falana urges redress for victims

    The Armed Forces Act provides for internal disciplinary mechanism, known as Court Martial, whereby serving personnel are tried and if found culpable, dismissed and handed over to the police for further action.

    To address the problem of illegal detention, Falana urged Okonkwo and members of TREM to ensure that the poor get justice.

    The popular lawyer suggested that the church could join the magistrates to inspect police stations monthly and identify people languishing in illegal detention.

    He promised to collaborate with the church to make this happen.

    “By next year, this church will be rolling out how many people have been freed form illegal detention. I know your church has a number of lawyers and I will be prepared to partner with them to ensure justice is done and served,” he said.

    Praising the organisers of the Mike Okonwkwo Secondary School Essay Competition for awarding prizes to winners with 50 marks and above, Mrs Solanke called the current admission cut-off marks at less than 50 per cent scandalous.

    She said: “I am relieved that the average percentage of the winner was 68 per cent. One of my current crusades is to protest the damaging policy of educational institutions, schools, colleges, universities, the Law School…which accept less than 50 per cent as a pass mark.

    “As a former teacher of Latin and Mathematics in England and Nigeria, I know that anything below 50 is a failure. Now institutions accept 40, 45, 48 as pass marks. Scandalous! I was appalled to hear that the Joint Admission and Matriculations Board (JAMB) approved 120 out of 400 as pass mark. Heavens above, 120 out of 400 is 30 per cent.”

    Winners of the competition – Esigbone Ferdinard of Roshallom International Secondary School, Egbeda, Lagos; Oluwaseun Aremu of Shepherd International College Ado-Ekiti and Adeola Ifeoluwa of Chrisfield College, Itamaga, Ikorodu – got N100,000, N75,000 and N50,000 each.

    Their schools also got computers.

    Four other finalists will get a consolation price of N20,000.

     

  • Falana urges redress for victims

    ACTIVIST lawyer Femi Falana (SAN) has advised the Federal Government to seek legal redress for Nigerians who are victims of attacks in South African courts.

    He said this has become necessary because the Cyril Ramaphosa administration is not likely to accede to government’s demand for compensation for the victims of the attacks.

    Falana, who is also the National Chairman, Peoples Alternative Front (PAF), in a statement yesterday titled: “Beyond the condemnation of xenophobic attacks by the federal government”, counselled that the Nigerian High Commission in Pretoria should be directed to coordinate the legal defence.

    Read Also: Army lacks power to probe Taraba killings, says Falana

    “In view of the regular harassment of Nigerians in South Africa and a few other African countries, the federal government should make the declaration to enable individual victims of human rights abuse to access the African Court on Human and Peoples Rights sitting in Arusha, Tanzania.

    “Since there is no assurance that Nigerians and other Africans will no longer be subjected to xenophobic attacks the federal government should boycott the World Economic Forum scheduled to commence in South Africa.

    ”Even though apartheid was defeated by the people of South Africa over two decades ago, the unjust socioeconomic system erected by capitalism has not been dismantled.

     

  • Govt, Shiites clash over El-Zakzaky

    THE Federal Government on Wednesday disagreed with a claim by the Islamic Movement in Nigeria (IMN) that its leader Sheikh Ibraheem El-Zakzaky was being treated like a criminal in India.

    The Shi’ite leader also alleged that the condition at Medanta Hospital in New Delhi, India where he is supposed to be receiving treatment is worse than that in Nigeria.

    But the government said there was no iota of truth in the allegation.

    Permanent Secretary, Ministry of Information and Culture, Mrs. Grace Isu Gekpe, said the IMN leader started acting against laid down procedures during a stopover in Dubai, en route New Delhi.

    Activist-lawyer Femi Falana (SAN), who is the Shi’ite leader’s counsel, described the reports from India as disturbing. He said he was in touch with the government for immediate intervention.

    Falana said: “The reports from the Indian hospital are very disturbing. We have forwarded El-Zakzaky’s complaint to the Federal Government.

    “I have just confirmed that the Nigerian High Commission in India has intervened to ensure that the tight security situation is relaxed to prepare El-Zakzaky for the medical treatment and that they are allowed access to their personal physicians.

    El-Zakzaky, who was granted leave from detention by a Kaduna High Court on medical grounds, was flown to New Delhi with his wife, Zenaat, on Monday.

    Some security operatives and family members travelled with them.

    El-Zakzaky, who spoke in an audio message that has since gone viral accused the Federal Government of frustrating his treatment in India.

    Speaking in Hausa, he said the situation at the hospital is “pathetic and worrisome”.

    According to El-Zakzaky, the management of Medanta Hospital, had been threatened not to admit him for treatment.

    He said: “The hospital officials received us well; they told us that they parked two ambulances, deceiving the crowd while taking us out through another way, saying it was for our own safety. On getting to the hospital, we were placed under a tighter security situation worse than what we have witnessed in Nigeria. We are currently more confined than when we were in Nigeria, worse than a prison setting.

    “Contrary to what was agreed before our arrival, that our own personal doctors would supervise this treatment. Now they’ve changed the arrangement. So we objected receiving treatment from strange doctors without the supervision of our own trusted physicians.”

    Read Also: Court grants El-Zakzaky leave to travel

    In the audio, the IMN leader said he wants to return to Nigeria to source for a reliable and trusted hospital among those countries that offered help.

    “There are some other countries that volunteered to help which include Malaysia, Turkey,” he added.

    The Islamic Human Rights Commission (IHRC) has expressed concerns about El-Zakzaky’s treatment in India. It accused the Indian government of becoming an enforcer for the Nigerian government.

    The IMN also on Wednesday claimed that El-Zakzaky was caged and being denied freedom by the Federal Government and some interests linked to the United States (U.S.)

    It alleged that the U.S. Government through its embassy in India, told the hospital management not to admit the Shi’ite’ leader.

    The IMN’s claim could not be independently confirmed last night

    IMN’s Secretary-General of Academic Forum, Abdullahi Musa, told reporters in Abuja that the Federal Government was forcing El-Zakzaky to accept treatment as a criminal.

    Musa said after El-Zakzaky and his wife got to the hospital, the Federal Government, through the security agents who escorted the Shi’ite leader, did not follow the court order.

    He said: “The government acted contrary to what was earlier stated in the Kaduna High Court (ruling) by devising new types of plots to frustrate his (El-Zakzaky’s) doctors from offering emergency treatment to the Sheikh, whose health has seriously deteriorated as a result of the gunshots inflicted on him by the Nigerian Army and his subsequent poisoning during his detention in Kaduna where he was illegally detained and deprived Medical attention for years.

    He added: “As I speak with you, the Federal Government has given El-Zakzaky two hours to accept to be treated as a criminal.

    “They refused completely to allow the doctors he requested to treat him and his wife access to them.

    “We are also calling on the international community and people of conscience and humanity, especially those who facilitated the travelling of the Sheikh to India for treatment, to prevail on the Nigerian government and its western masters to stop playing with the life of the innocent leader who is a victim of their continuous plot to ensure that he dies.”

  • Gunshots in Abuja as Shi’ites, police clash at Fed secretariat

    Members of the Islamic Movement of Nigeria (IMN) again clashed with the police at the Federal secretariat in Abuja, the nation’s capital, on Thursday.

    The police fired gunshots and tear gas to disperse the protesters while five Shi’ite members were apprehended by the security operatives.

    The clash sparked panic as anxious workers, commuters and motorists fled the area in fear.

    The sect members later regrouped at another location to continue with their protest.

    They stormed the National Assembly complex last Tuesday, shot two policemen and damaged many vehicles and property.

    It was learnt that four suspects were arrested in connection with the incident.

    IMN spokesman Abdullahi Musa told The Nation that the Monday protest, despite the development, would continue.

    Musa said killing or arresting members of the group would not stop them from protesting until their leader is freed.

    He said: “The police arrested so many people. These arrests will never stop us from protesting; killing can never stop us from protesting. Next Monday, we shall continue with the protest. We shall use Friday to pray.

    “Government should free our leader, following the court ruling. Government should obey the court order. Government has no reason for keeping him in custody. The fact that he is seriously sick now shows that they want him dead.”

    Also, members of the sect on Thursday staged a peaceful protest in Lagos.

    Read Also: Fire guts Amigos Supermarket in Abuja

    They demanded the immediate release of their leader from custody.

    The protest, which started at 10:40 a.m at Maryland, terminated at the Adekunle Fajuyi, Ikeja GRA, office of activist lawyer Femi Falana (SAN).

    El-Zakzaky has been held in alleged solitary confinement at the Department of State Services (DSS) detention facility since December 2015, despite several court orders demanding his release.

    He was charged in April, last year, with murder, culpable homicide, unlawful assembly and disruption of public peace, following a bloody clash between Shi’ites and soldiers in the entourage of the Chief of Army Staff (COAS), Lt.-Gen. Tukur Buratai at Zaira, Kaduna State.

    There have been concerns by IMN (Shi’ites) within and outside the country as well as civil rights organisations about the continuous detention of the Shi’ite leader and security implications arising from government action.

    The continuous detention of the vocal sect leader with cult followership had led to bad blood and bloody encounters between security forces and his members in Abuja and Kaduna State.

    Marching through Ladipo and Obateye Streets as well as Oduduwa Crescent, the IMN protesters adorned yellow headbands.

    They also painted “Release El-Zakzaky” and “El-Zakzaky has been poisoned” on the fences and walls of the houses they marched past.

    They had banners with similar inscriptions on them.

    Police spokesman Bala Elkana, a Deputy Superintendent (DSP), who confirmed the protest, described it as peaceful.

     

     

  • Falana, others urge FG to fight insecurity

    Pro-democracy group and rights activists have urged the Federal Government to tackle insecurity and rising youth unemployment in the country.

    They spoke yesterday at the Gani Fawehinmi Park in Ojota, Lagos, during a protest to reawaken government to its responsibilities to the people.

    Activist lawyer Mr. Femi Falana (SAN) said kidnapping, armed banditry, police harassment and other vices were increasing daily.

    He said there was urgent need to arrest the trend.

    The eminent lawyer said yesterday’s transition of power from one government to the other was meaningless because the people’s development was not paramount in the blueprint of the elected officials.

    “Enough is enough of kidnapping, enough of killings, enough of widening gap of youth unemployment, enough of police arresting people for wandering,” he said.

    Falana said democracy is not only about the sinking of boreholes and dancing on the streets in a country that used to have good roads that have become death traps.

    Read Also: Oyebode, Falana, others advocate SARS reform

    According to him, the arrest and detention of innocent people for wandering by the police are vestiges of military dictatorship.

    The eminent lawyer noted that the anathema had crept into the civilian administration.

    He said the police must be adequately catered for to enable them perform maximally.

    Falana said: “If the police are properly empower to provide internal security, they should be able to perform their job. Soldiers should not be seen on the street as they are meant to provide security against external aggression.

    “No soldier should be seen in a civilian clime intimidating the people with his uniform. It is only the police the constitution gives such powers. It is even wrong for the police to parade suspects as common criminals. All these affronts have continued to work against the civil society.”

    “Youth unemployment is a sore episode in the Nigerian state. There is information at our disposal about money recovered through whistle blowers, the ones recovered by the Economic and Financial Crimes Commission (EFCC): the money should be put to use to create jobs for youths.”

    The Committee for the Defence of Human Rights (CDHR) President Malachy Ugwummadu said the security votes received by state governments had not been judiciously used.

    The activist noted that if the fund was utilised for security, the rising cases of kidnappings, armed banditry, among others, would reduce.

    He said the declaration of June 12 as Democracy Day would make meaning if government followed the ideals Bashorun M. K. O. Abiola died for.

    He said Abiola hated poverty and wanted to banish it among Nigerians.

    According to him, Abiola was never a tribal leader; this made him to win the election he contested even though he ran on a Muslim-Muslim ticket in 1993.

     

  • Osinbajo, Falana, charge journalists on professional ethics

    Vice President, Yemi Osinbajo (SAN); rights activist, Femi Falana (SAN), publisher of Premium Times newspaper, Dapo Oloruyomi and former Commissioner of Justice and Attorney General, Borno State, Muhammed Monguno have asked journalists to be committed to ethical conduct and professionalism.

    Osinbajo, Falana Olorunyomi and Monguno argued, by upholding ethical conduct and professionalism, journalists would better serve the nation’s democracy by exposing societal ills and holding government and its agencies accountable.

    They noted that, where journalists abide by the rules of professional practice, they will also be able to avoid conflicting with the law.

    Osinbajo, Falana, Olorunyomi and Monguno spoke in Abuja on the opening day of. a “two-day workshop on legal and ethical issues in investigative journalism in Nigeria,” put together by the Daily Trust Foundation, Centre for Media Law and Development and MacArthur Foundation.

    Read Also: Osinbajo urges journalists to expose corruption

    The Vice President, who was represented by his media aide, Laolu Akande, noted the challenges recent development in media technologies and the social media now pose to media practice.

    He said

    “We are living in interesting times; and I would say the free press has arrived at its best possible time and also possibly its worst time.

    “It is the best time for the free press because the advent of digital technology and the internet continually shape the ultimate definition of freedom of expression.

    “Everyone of us here can have access to and even own a medium. Any medium of communication is available to us now.

    “This is moreso in the age of social media, where for pecuniary, political or whatever interests, fake news spread like wild fire, and facts are distorted by a few individuals leveraging on various media platforms to push outright misrepresentation into the public space.”

    Osinbajo stressed the need for media practitioners to be more thorough and ensure adequate verification of the information they push out for public consumption.

    He noted  that “recent events, including the past general elections – where fake news and unverified information were shared by many on different media platforms, and on social media especially – have also put a spotlight on the importance of investigative journalism and why our country needs this aspect of the profession more than ever.

    “This is because as gatekeepers, the press can also help in making government accountable by publishing information on issues that overwhelmingly serves the greater good of public interest.

    Osinbajo, who assured of the willingness of the Federal Government to provide a conducive environment for the media to operate, advised that media stakeholders ensure adequate internal mechanism for regulation within the industry.

    He noted that with self-regulation, adoption of ethical codes and understanding the legal issues guiding the journalism profession in Nigeria, media practitioners can help preserve media credibility, check fake news and also enlarge its investigative journalism space, which is becoming a dying art.

    “Journalists should strive to abide by the code of ethics in the practice of their profession, because without adhering to a code of ethics, investigative journalism, or any profession at all, would not thrive as much as it should.

    “Of course, we should always be conscious of over-regulation or infractions of the freedom of the press or freedom of information. It is important that self-regulation is robust enough to prevent a situation where government or formal establishments pass laws and regulations of the trade.

    “I think once self-regulation is robust enough, it is easier to then make the case that we should not have government regulation.

    “As a government, we will continue to play our part in providing conducive environment for the practice of good journalism and ensuring the safety of journalists wherever they find themselves in the line of duty.

    “While freedom of speech and expression cannot be censored, it behooves on the investigative journalist to abide by the journalism code of ethics in carrying out his/her responsibilities.

    “This include observing strictly to the time-tested journalistic values of honesty, independence, accuracy, fairness, objectivity, credibility, balance and public accountability.

    “On the legal standpoint, investigative journalists should discharge their duties without infringing on the fundamental rights of an individual or having unauthorized access to information that may put the journalist at the risk of criminal prosecution or going against the laws of the land.

    “In all, the greater good should far outweigh any other reason for embarking on investigative reportage. Adhering to the ethics of the profession would help in avoiding the pitfalls of legal challenges,” Osinbajo said.

    Falana, who gave many instances where he had assisted journalists and media organisations avoid being sanctioned, encouraged media practitioners to remain committed to their trade.

    He said while the nation’s democracy desires a virile media, the practitioners must be conscious of relevant legal provisions to enable them effectively discharge their professional responsibilities without conflicting with the law.

    Falana, who identified existing laws that are not media friendly, admonished media houses and journalists to avoid practices that could expose them to liability.

    He condemned the practice where criminal suspects are paraded before television cameras, a practice he said has been criminalised under the Anti Torture Act, 2017.

    Olorunyomi, who identified the many changes in the nation’s media landscape and journalism practice, stressed the importance of investigative journalism.

    He urged journalists to always be conscious of the need to uphold professional  ethics if they want to be respected and taken seriously.

    Monguno stressed the relevance of investigative journalism, which he said must be practised with strict adherence to the ethics of the profession.

    He advocated continuous training for journalists, particularly laws relating to the regulation of the industry.

    Monguno argued that there was the need for the inclusion of representatives of the media industry on the Cybercrime Advisory Council.

     

     

  • SERAP sues Fed Govt, states at ECOWAS Court over attacks on journalists, bloggers

    Socio-Economic Rights and Accountability Project (SERAP) has filed a suit against the federal and state governments at ECOWAS Court of Justice, Abuja over the frequent and repressive application of the Cybercrime Act to harass, intimidate, arbitrarily arrest, detain, and unfairly prosecute anyone found publishing views or facts perceived to be critical of their administration.

    In the suit filed by its solicitor, Femi Falana (SAN), number ECW/CCJ/APP/09/19 filed last week at the ECOWAS Court, SERAP is seeking a declaration that the actions of the defendants and its agents and allstates of the federation in arbitrarily enforcing the provisions of the Cybercrime (Prohibition, Prevention, etc) Act 2015 particularly its section 24 to harass, intimidate, arrest, detain, prosecute and imprison journalists, bloggers, and social media users, violate the rights to freedom of expression, information, opinion and privacy and media freedom, guaranteed under Articles 6,8,9 and 24 of the African Charter on Human and Peoples’ Rights;Articles 7,9,17 and 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party

    It prayed the court for a declaration thatthe provisions of the Cybercrime Act 2015 are entirely inconsistent and incompatible with international human rights standards and infringe on the rights to the freedom of expression, information and opinion guaranteed under the African Charter on Human and Peoples’ Rights

    It also asked for a declaration that the continuing use and application by thedefendant and its agents and several states in Nigeria of the Cybercrime Act 2015 is illegal and unlawful, as it amounts to breaches of obligations to respect, protect, promote and fulfil the rights to freedom of expression and information and media freedom

    The organization therefore asked the court for an order directing the defendants to immediately repeal or amend the Cybercrime Act 2015 in line with Nigerian obligations under international human rights law

    It also asked the court for an orderdirecting the defendant and or its agents and several states of Nigeria to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the court may deem fit to grant to human rights defenders, activists bloggers, journalists and other online and off-line media practitioners that have been harassed, intimidated, unlawfully arrested, detained, and unfairly prosecuted by the defendant among others.

    SERAP argued that: “the federal and several state governments and their agents have trampled on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users through the repressive use and implementation of the vaguely worded provisions of the Cybercrime Act..

    The organization argued: “The fundamental question for the court is whether the federal and state governments, by using and applying the Cybercrime Act and other similar laws on cyberstalking and sedition to prosecute journalists, bloggers and activists over perceived critical views, violate the rights to freedom of expression and access to information”.

    It submitted: “under international freedom of expression jurisprudence, the answer is ‘yes’,”

    To support the suit, SERAP, in a chronologically order, highlighted some of the high-profile cases of harassment, intimidation, arrest, unlawful detention, prosecution and imprisonment of journalists, bloggers, and activists for alleged cyberstalking.

    The suit read in part: “The idea of a democracy is that the people are encouraged to express their criticisms, even their wrong-headed criticisms, of elected government officials, in the expectation that this process will improve the process of government. In circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by legal principles and jurisprudence upon uninhibited expression is particularly high.

    “The systematic and persistent use of the Cybercrime Act and other similar laws on alleged cyberstalking to prosecute and imprison journalists, bloggers and activists for their criticism of public officials runs afoul of freedom of expression principles, namely: that criminal prosecutions against journalists and bloggers is never an appropriate remedy for alleged defamation of government officials, and that  news reporting about government officials are matters of public interest, which should be accorded heightened protection.

    “Sanctions for defamation should not be so large as to exert a chilling effect on freedom of opinion, expression and media freedom; penal sanctions, in particular imprisonment, should never be applied. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive output.

    “Section 24 of the Cybercrime Act which provides for the offence of cyberstalking has been severally used and applied by the Defendant and its agents and several stategovernments across the country in molesting, intimidating, harassing and witch-hunting anyone found publishingviews or facts deemed critical of government and/or government officials.

    “The vaguely worded offence of cyberstalking as stated in the Cybercrime Act is accorded a wide interpretation that extends to factual and true reports by activists, journalists, social media users and bloggers, thereby leaving a chilling effect on the rights to freedom of expression and information and media freedom and on citizens’ participation in the fight against corruption.

    “The abusive and repressive use of the vaguely worded provisions of the Cybercrime Act to stifle and muzzle perceived critics, journalists, bloggers and other media practitioners is an affront and it is dangerous to the rule of law and protection of the human rights of people.

    “Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequence under section 24 of the Act even when the stories are true, correct and factual. Some stories published through traditional media outlets (print and electronic) that were never sanctioned by the government have been sanctioned by the same government upon being republished through online platforms.”

    No date has been fixed for the hearing of the suit.

  • Take over prosecution of election offenders, Falana tells INEC

    National Chairman, People’s Alternative Front (PAF), 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, this has become necessary to prevent official impunity.

    He recalled 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.

    He 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, February 23, 2019”.

    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 has 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 the leadership of the INEC.

    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 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.

  • Electoral reforms: Falana seeks implementation of Uwais, Lemu, Nnamani’s report

    Lawyer, Femi Falana (SAN) has urged the civil societies to join forces and mount pressure on the federal government to implement the recommendations of the Electoral Reforms Panels headed by Retired Justice Mohammed Uwais, Sheik Ahmed Lemu and Dr. Ken Nnamani for the country to have  flawless elections in future.

    He stated that the postponement of last Saturday’s elections by the Independent Electoral Commission (INEC) on account of logistical or operational reasons cannot be justified under the Electoral Act or the Constitution and would have been prevented if the reports, “with far reaching electoral reforms”, have been implemented.  

    Falana stated this in a statement issued in Lagos on Sunday titled: “Time to revisit reports of Uwais, Lemu and Nnamabi panels”.

    “By virtue of section 26 of the Electoral Act, an election may be postponed if a serious breach of peace or violence is likely to occur or on account of natural disaster or other emergencies. To prevent any abuse of power the reasons for postponement of any election must be cogent and verifiable”, he maintained.

    He said the panels, set up by the Yaradua, Jonathan and Buhari regimes respectively, had recommended the unbundling of INEC for effective performance.

    Read also: Poll Shift: INEC to decide on resumption of campaign

    He contended that the postponement of the 2019 general election would not have occured if the federal government  had unbundled the Independent Electoral Commission (INEC) and ensured the practice of internal democracy in the political parties.

    He accused the ruling All Progressives Congress (APC) and the People Democratic Party (PDP) of failing to commit themselves to electoral reforms and for forgetting that the late President Umoru Yaradua had admitted that the 2007 general election  which produced his regime was highly flawed.

    Since general elections had been postponed on two previous occasions due to lack of adequate preparations, he argued that INEC ought to have prevented the shifting of the 2019 general election.

    He said INEC and the political parties contributed to the postponement of the elections which he described as “a national shame and embarrassment”.

    “Owing to the decision of political leaders to select and impose candidates on their parties in utter violation of section 87 of the Electoral Act  many aggrieved candidates rushed to court for legal redress.

    “Consequently, not less than 600 pre-election cases were filed and are pending in the various courts while not less 40 orders have directed INEC to accept the names of candidates who won the primaries but were shortchanged.  The resort to litigation due to the impunity of majority of political parties contributed to the unwarranted delay in the preparations of INEC for the general elections”, he argued.

    He said both the APC and PDP, apart from INEC, should apologise to Nigerians for their deliberate refusal to implement the electoral reforms recommended by the two panels.

    He stated for instance “as INEC lacks the capacity to prosecute electoral offenders, an electoral offences commission/ tribunal was recommended for the enforcement of laws to address all forms of electoral offences and consequently stem the incidence of electoral violence.

    “Even the panels had recommended that the posts of the chairman and other members of the INEC be advertised in order to make them independent of the executive. But in a bid to sustain the status quo of electoral fraud, these recommendations and others have been rejected by the PDP and APC-led federal government”, he said.

    He said INEC,  having shifted the general election by seven days is wrong to ban political parties and their candidates from further campaigning for votes.

    He advised the commission to reverse the limitation of campaign imposed on the political parties immediately.

    He noted: “INEC has not paid attention to  Section 99 of the Electoral Act which provides that the period of campaigning in public by political parties shall end 24 hours before polling day. Since elections have been shifted, the period of campaign has also shifted and will end 24 hours to the new polling day”.

    He also advised INEC to comply with all valid and subsisting court orders with respect to the candidates sponsored by political parties for the general elections to avoid the courts annulling some of the elections in future on grounds of exclusion of qualified candidates.