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Tag: Femi Falana (san)

  • Falana advises CCT chairman to respond to query of judicial commission

    Lagos lawyer, Femi Falana (SAN) has advised the chairman, Code of Conduct Tribunal (CCT) Justice Dankadi Umar to respond to the query issued and served on him by the  Federal Judicial Service Commission (FJSC).

    “If he fails to reply the query the Federal Judicial Service Commission may wish to recommend his removal from office to the National Judicial Council pursuant to paragraph 13 (a) of Part 1 of the Third Schedule to the Constitution 1999 which will in turn make appropriate recommendations to the President”, he said.

    Falana recalled that while dismissing the allegation of judicial misconduct arising from the circumstances surrounding the suspension of the Chief Justice of Nigeria (CJN),  Justice Walter Onnoghen, the Chairman of the CCT,  Justice Danladi Umar has questioned the power of the Federal Judicial Service Commission to query him.

    “According to him, the Code of Conduct Tribunal is under the Presidency and as such the Chairman and the two other members of the Tribunal only report to the President of the Republic. To justify his queer position, Justice Umar said that a former Chief Justice had warned the members of the Tribunal to stop calling themselves judges.

    But in a statement issued in Lagos  on Sunday Falana contended that the  “CCT is not under the Presidency”.

    Falana stated the Federal Judicial Commission was perfectly in order when it queried the Chairman of the Code of Conduct Tribunal with respect to the allegation of judicial misconduct leveled against him.

    He stated that .unlike ministers and staff in the Presidency who can be removed  by the President, the Chairman and members of the Code of Conduct Tribunal cannot  not be removed from office by the President except upon an address supported by two-thirds majority of each of the House of the National Assembly on grounds of misconduct or for contravention of the code of conduct for public officers.

    He said the retirement age of Chairman and members of the Code of Conduct Tribunal is 70 years like Justices of the appellate courts adding that they cannot be removed from office before attaining the prescribed retirement age’

    He explained that  the power of the Federal Judicial Service Commission to recommend to the National Judicial Council the removal of the Chairman and members of the CCT  cannot be exercised without  conducting an inquiry into the allegation of judicial misconduct involving federal judicial officers.

    The statement stated in part: “With respect, the Chairman and members of the Code of Conduct Tribunal are recognised as judicial officers by the Constitution. For the avoidance of doubt, the Tribunal Chairman shall “be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria …”

    “By virtue of section 36 (1) of the Constitution the Code of Conduct Tribunal shall be constituted in such manner as to secure its independence and impartiality”, he stated.

    He regretted that  a Tribunal established by the Constitution as an independent juridical organ of the Federation has conveniently reduced itself to an appendage of the Presidency.

    “Apart from the Chairman and members who are appointed by the President on the advice of the National Judicial Council,  the staff of the Tribunal are not appointed or seconded by the Presidency.

    “It is expressly stated in the Constitution that the power to appoint the staff of the Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with an Act of the National Assembly. Contrary to the embarrassing position of the Tribunal Chairman, Paragraph F of Part 1 of the Third Schedule to the Constitution, 1999 as amended provides that the Federal Judicial Service Commission shall advise the National Judicial Council in nominating persons for appointment and removal of federal judicial officers including the Chairman and members of the Code of Conduct Tribunal.

    “Paragraph 15 of Part 1 of the Fifth Schedule to the Constitution provides that the President shall appoint the Chairman and members of the Code of Conduct Tribunal on the recommendation of the National Judicial Council”, he stated.

  • Demand compensation for victims of protests, Falana tells NLC

    Femi Falana (SAN) has advised the Nigeria Labour Congress (NLC) to seek compensation from the Federal Government for the families of people who died in the various protests in the country.

    Falana gave the advice in Abuja on Tuesday at the 12th National Delegates Conference of the  Congress.

    The theme of the conference is: “Towards a Decade of Activism for the Promotion of Labour Unity, National Rebirth and Development.’’

    He said NLC should demand adequate compensation for the families of all workers and Nigerians who lost their lives in rallies held all over the country.

    “I congratulate the NLC for the success recorded so far in the struggle to have a minimum wage.

    “What the constitution provides for in Section 16 is the National Minimum Living Wage but what has been conceded is not a living wage but it is better than nothing.

    “The first aspect of the struggle has been won and the National Assembly will soon pass the bill.

    “But to get payment, you need to get organised and compel those governors who claim that they will not be able to pay, to pay the new minimum wage, ‘’he said.

    Falana called on NLC leaders to put pressure on state governors who claimed that they could not pay N30, 000 minimum wage so that they could do so.

    He also called on the governors to imitate the success of the Kebbi Sate Governor Atiku Bagudu in agriculture by initiating policies that would increase their financial strength.

    “I will like to advise those governors to borrow a leaf from the governor of Kebbi State. He has turned adversity to prosperity.

    “In 2017, it was reported that Kebbi State earned N160 billion from the sale of rice alone.

    ‘‘Let other governors be challenged and embark on money generation instead of cornering the state money.

    “To NLC and all Nigerian workers, let the 2019 election be the last time that elections in Nigeria and the struggle for power will be left exclusively in the hands of different factions of the ruling class.

    “After this election, the Labour Party must be reorganised so that we can take our destiny in our own hands,” he said.

    Read also: Buhari appeals for understanding on minimum wage

    He urged NLC to rebrand the Labour Party to become a strong political platform for all politicians.

    In his reaction, the Governor of Kebbi, Alhaji  Atiku Bagudu, said that the state government’s success was linked to the Federal Government’s commitment to agriculture and fairness in agricultural trade.

    “Falana talked about investment in agriculture but it is also linked to our ability to give fair terms of trade.

    ‘‘The success in agriculture would not have been possible without a president that is committed and that is nationalistic.

    “In the next level we will be able to do more in agriculture so that NLC can grow from six million to 60 million and have more resources, ‘’he said.

    Bagudu, who was part of the Tripartite Committee that recommended N30, 000 new minimum wage, said that in spite of the Committee’s commitment and recommendation, it was also important for stakeholders to sympathise with the some governors.

    He claimed that it would be difficult for them to pay N30, 000 as the new minimum wage.

    “I was part of the tripartite party on the new minimum wage. It came at a time when many states were unable to pay salaries, not including Kebbi State, because we manage better.

    “All the arguments about increase in wages and the clamour for a new minimum wage are compelling during the Tripartite Committee meetings.

    “But I am sure that organised private sector will sympathise with what we are saying about the ability to pay.

    “What do we need to do quickly so that workers can earn better and decent living? We are ignoring the most fundamental thing which is the size of our economy which leads to wider issue of globalisation,’’ he said.

    He added that President Muhammadu Buhari and those before him had about five percent of the revenue available to the president of Brazil with about the same population.

    He said in 2018, Brazil had a budget of 650 billion dollars while Nigeria’s budget was about 30 billion dollars, adding that this deserved an urgent wake-up call.

    He called on the organised labour to use its unity to return to the global agenda issues of unfair trade and capital restriction that were limiting economic growth.

    The governor said the NLC, as part of the wider movement to position and better the lives of Nigerians, had a bigger voice to draw attention to the limitation of the country’s economy. (NAN)

  • $1 trillion oil money yet to be recovered by FG, says Falana

    Lagos lawyer, Femi Falana (SAN) has said that oil money in the region of $1 trillion is yet to be recovered by the federal government into the federation account.

    He said he blew the whistle on it but that it appeared government does not have the will to recover the money from most multinational companies who took the nation’s oil.

    He made the disclosure in a speech delivered at the 2nd year submit in the whistleblower policy of the Federal Government held at Abuja.

    Falana challenged the Federal Ministry of Finance to proceed to recover the huge funds.

    “I can assure the federal government that I do not intend to demand payment of any percentage from the fund to be recovered based on the whistle that I have blown which has been ignored”, he said.

    The activist lawyer recalled that two years ago, the administration of President Muhammadu Buhari adopted the Whistleblower policy as a component of the fight against corruption sequel to the deliberate refusal of the national assembly to pass the Whistleblower Bill sponsored by some legislators in 2007.

    He noted that like the Treasury Single Account (TSA) and Bank Verification No (BVN) the Whistleblower policy is said to have assisted the federal government to recover huge public fund which had been cornered by a few corrupt individuals and corporate bodies.

    Falana remarked that apart from the success recorded so far in the implementation of the TSA, BVN and whistle blower policies, the trillions of Naira which have been saved or recovered by the federal government have not been deployed to arrest the increasing wave of poverty in the land.

    He said it was pertinent to point out, on the second anniversary of the whistle blowing policy, that what has been recovered so far is a tip of the iceberg as the Buhari administration has not acted on the information at its disposal in respect of the billions of dollars being withheld from the federation account.

    He gave a list of the billions of dollars that are still being withheld from the federation account.

    He recalled that on March 8, 2016, he requested the Minister of Finance to embark on urgent and decisive measures to recover not less than $200 billion.

    He said the only thing he got from the Finance Minister was a polite response that his request was receiving attention.

    Read Also: Ngige faults Falana’s stance on ‘no work, no pay’ rule

    He said the detailed information contained in his letter has not been processed either by the federal ministry of finance or federal ministry of justice.

    He however noted that his letter generated reactions from some quarters because the letter was widely published in the media, with particular reference to the allegation that the Central   Bank of Nigeria gave out a bail out of $7 billion to 14 commercial banks in 2006.

    He said the then Governor of CBN, Professor Charles Soludo said it was not a bail out but a deposit.

    “Since the fund was illegally removed from the nation’s foreign reserves without appropriation by the national assembly and placed as a deposit in the banks it ought to be recovered together with the accrued interests”, he stated.

    Falana also referred to information he obtained from the National Extractive Industry Transparency Initiative (NEITI) that the NNPC had withheld $20 billion from the federation account adding that from the 2015 audit exercise conducted by NEITI, the figure has increased to $22 billion and N376 billion.

    He also recalled that in a petition sent to the Presidential Panel on Recovery of Public Property last year, he accused Exxon Mobil of paying $600 million out of the $2.5 billion fixed by the Nigeria National Petroleum Corporation for the renewal of three oil blocks in 2009.

    Even though the oil company claimed to have paid the outstanding balance of $1.9 billion, he insisted that there is no evidence of such payment.

    He hoped that the Presidential Panel will pursue the matter to a logical conclusion

    The activist lawyer described as ‘most interesting’ the reaction of the Minister of State, Ministry of Petroleeum Resources, Dr. Ibe Kachukwu to a letter he wrote to him.

    He said: “the minister concurred with me that the nation had lost not less than $60 billion due to the failure of some public officers to implement the provisions of the Deep Offshore and Inland Basin Production Sharing Contracts Act”.

    He said Section 16 of the Act provides that the royalties paid by oil companies shall be adjusted upwards whenever the price of oil rose beyond $20 per barrel.

    He explained that this was why the Akwa Ibom, Bayelsa and Rivers State governments dragged the federal government to the Supreme Court to justify why it has refused to implement the law in the last 18 years.

    He noted that in a judgment delivered by the apex court on October 18, 2018, the federal government was ordered to take urgent steps to recover all revenues lost to oil and gas exploring and exploiting companies due to wrong profit sharing formula termed as the Production Sharing Contracts since 2003.

    He expressed hoped that the federal government will proceed to recover the sum of money estimated to be in the region of $1 trillion.

    He however acknowledged that the Economic and Financial Crimes Commission (EFCC) commencing investigation into the allegation of crude oil stolen from the country by well-known international oil and shipping companies.

    “For instance, it has been confirmed that 60.2 million barrels of crude oil stolen from Nigeria between 2011 and 2014 were discharged at Philadephia port in the United States.

    “If the investigation can be painstakingly conducted, it is estimated that not less than $300 billion could be realized as the costs and penalties for the oil stolen from Nigeria and discharged in several ports in the United States, China, India, United Kingdom, France etc.

    “Having regards to the fact that the public and private organisations that have been fingered in my letter are very powerful and vested the federal government cannot muster the political  will to recover the fund that has been withheld from the federation account. “Therefore, the Nigerian people who stand to benefit from the judicious deployment of recovered loot should be mobilised by the progressive extraction of civil society organisations to take over the fight against corruption”, he said.

  • Falana to FG: It is unlawful to stop salaries of striking ASUU members

    Lagos lawyer, Femi Falana (SAN) has urged the federal government to withdraw its directive stopping the salaries and allowances of the striking members of the Academic Staff Union of Universities (ASUU).

    Falana said the directive was not justified in law.

    The federal government had last week directed the Vice Chancellors of all federal universities in the country to apply Section 43 of the Trade Disputes Amendment Act by seizing the salaries and allowances of the striking members  of the Academic Staff Union of Universities (ASUU).

    But Falana, in a statement issued in Lagos on Momday titled, “Why “no work no pay” rule is never applied to striking employees contended that the directive could not be justified in law on  the grounds that only the governing councils of the affected institutions are empowered by the relevant laws to subject the academic staff to any form of disciplinary action.

    He also argued that the salaries and allowances of striking lecturers could  not be seized without due process.

    Rather, Falana advised the federal and state governments to accelerate the ongoing negotiations  between the authorities and the ASUU so that the striking  lecturers could return to the classrooms as soon as  possible.

     He disagreed with the claims of the Minister of Labour and Productivity, Dr. Chris Ngige reported to have said  that until section 43 of the  Trade Disputes Amendment Act which disentitles employees to payment of salaries and allowances  during strikes “is expunged or repealed through legislative process by the  National Assembly, it remains not just applicable but a  point of law for compliance by all citizens of  Nigeria.”

    Falana wondered why the minister  has not challenged the  decisions of the Supreme Court which he cited and which held  that it is the exclusive powers of the Governing Council of  every university to discipline lecturers whose employment enjoys statutory flavour.

    He maintained that the “no work no pay” policy has always been put in abeyance to ensure the effective resolution of the subject matter of any industrial action.

     “Therefore, since the federal  government has  endorsed the payment of salaries and  allowances of striking lecturers the controversial directive

    to the Vice Chancellors of all federal universities ought to  be immediately withdrawn”, he said.

    Falana said it was curious why the minister did not disclose that the federal government has always put the law aside in a bit to end strikes embarked upon by workers  in the public service.

    According to him, “a clause is usually inserted in collective agreements that employees who had  taken part in an industrial action would not be damnified in any manner whatsoever and howsoever.

    “The practice was  judicially endorsed  in the case of Senior Staff  Association of Nigerian Universities v Federal Government of  Nigeria (unreported suit no  NIC/8/2004 whose judgment was  delivered on May 8, 2007)  where the National Industrial  Court held  that ” …it is perfectly lawful for an  employer to choose to dispense with the ‘no work no  pay’ rule.

    “In other words, strike pay is lawful if an employer chooses to pay same and not to penalise the strikers in any other way for the strike.

    “It is lawful for employees to agree with their employer that wages will be paid and no other detriment suffered even when strike actions are embarked upon”, he contended.

    “With particular reference to strikes by university lecturers the federal government has always entered into Collective Agreements with ASUU  to the effect that “nobody shall be victimised in any way whatsoever for his/her role in the process leading to these resolutions and Agreement”.

    “The clause was inserted in the 1992, 2009 and 2013 Collective Agreements which were freely signed by the representatives of the federal and state governments as well as ASUU”, he recalled.

  • It is illegal for states to determine minimum wage, says Falana

    It will be illegal for states to determine what they can pay as minimum wage, activist-lawyer Mr Femi Falana (SAN) has said.

    According to him, minimum wage was deliberately placed in the exclusive legislative list to ensure uniformity in application.

    Falana was the guest speaker at a tweet conference/roundtable to make the International Day to end Impunity for Crimes against Journalists (IDEI) 2018.

    It was organised by the International Press Centre (IPC) as part of the Nigerian Journalists Internet Rights Initiative (NJIRI) implemented by IPC with the support of the International Freedom of Expression Exchange (IFEX).

    Falana told reporters: “I have heard arguments that every state should be allowed to determine what they can pay. But all the governors earn the same salary apart from allowances and security vote.

    “All legislators earn the same no matter where they come from. Every Senator earns about N15million per month. So on the ground of equality, that argument cannot be sustained.

    “Secondly, labour and industrial matters are in the exclusive legislative list, deliberately so. Otherwise, you’ll have starvation wages and state government that will not pay salaries at all,” he said.

    Falana said it was only when it involved addressing the terrible living conditions of the poor that the government talks about inflation.

    According to him, the government does not cry about inflation when duty waivers running into hundreds of billions are granted to the rich, when legislators breach the constitution to fix their salaries and allowances by themselves, or when a few rich Nigerians owe billions in unpaid loans.

    “You must also understand that this is a class matter. The members of the ruling class, regardless of political parties, are one and the same when it comes to addressing the problems of the poor.

    “So the legislators who earn N15million believe that if you increase minimum wage from N18,000 to N30,000, there will be inflation. So, the government can pay if it wants to pay,” Falana said.

    Read Also: Falana to speak at IPC’s tweet, media roundtable

    The Senior Advocate, in his lecture, said it was illegal and unconstitutional to parade suspects before the media.

    Such suspects, he said, are forced to confess to crimes when they have not been charged with any offence, adding that only the poor are usually paraded while the rich who commit more heinous crime are not.

    “The Nigerian Union Journalists (NUJ) can resolve not to cover any parade of suspects by the Police,” he said.

    The SAN, who enlightened journalists on media laws, said no journalist can be charged under the law of sedition, as it was “dead”.

    Urging journalists to enforce their rights when violated, Falana regretted that damages awarded by courts are class-based because, according to him, “we’re operating a bourgeoisie legal system”.

    He said he was challenging a provision in the Sheriffs and Civil Processes Act which requires that a litigant awarded damages against the government must first get the attorney-general’s fiat to initiate garnishee proceedings against the same government.

    Falana urged the NUJ to deal with the menace of quack journalists, regretting that “in Nigeria everybody is a journalist.”

    On law of libel, the SAN said retracting a defamatory story does not remove the writer’s responsibility in law.

    He said a retraction and apology can only reduce the damages if given the same prominence as the original story, which he said can lead to the court awarding “nominal” damages.

    Media Rights Agenda Executive Director Mr Edetaen Ojo urged media organizations to do more to protect journalists. “Do media organizations train reporters on safety?” he asked.

    At the event were journalists, activists, bloggers, among others.

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

    …tasks PENGASSAN to recover $60b for minimum wage 

    Human right activist, Femi Falana (SAN) on Thursday urged the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) to lead the nation’s 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 Edonomy.”

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

    He said that peace will 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 recalled that in 2015,, he wrote a letter to direct the attention of the Federal Government to the offshore and inland contract act that said that government should review the sharing contract whenever the price of crude oil exceeds $25 per barrel. Continuing, he said “I wrote to NNPC, I wrote to the Saraki led National Assembly  . In 2016, Kachikwu confessed that $60billion has been lost due to the non-implementation of the policy.”

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

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

    Speaking,, 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 the stabilization of the country. 

    Read Also: Obasanjo has right to support any candidate, says Falana

    He said that the government recognized the potential of the sector to contribute to the Gross Domestic Product of the nation. 

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

    Kachikwu said that 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’ commended the association for the maturity it exhibited during industrial disputes resolutions. 

    Continuing, he said that “This is why I am enamoured of the theme of this event: “Dynamic Labour Leadership – Fueling the Economy”. Ours is a critical industry in respect of the economy of the state. Our action or inaction has a bearing on the Country’s social economic indices, performance and the well-being of the generality of Nigerians.”

     He said that the leadership and the followership of PENGASSAN  had aligned with Management and or Government to move the industry forward. 

    He noted that the Industry values the association’s  contribution to the current democratic dispensation in the Country. 

    According to him, “At the critical moments, the leadership of PENGASSAN and the National Union of Petroleum and Natural Gas Workers (NUPENG), along with other labour unions, had made a difference, redirecting the course of the Nation’s history.

     “Similarly, the Corporation appreciates your consistent involvement in the Industry policy formulation. The most recent being the Petroleum Industry Bill (PIB). Your advocacy for robust local content development as well as your complementary role to grow a virile and productive economy for the Country. 

    “These have gone a long way to demonstrate the high stake you have exhibited in the service of the Industry and the Nation. I can only add that you keep up your good work.”

  • Obasanjo has right to support any candidate, says Falana

    Activist lawyer, Femi Falana (SAN) has said that it is the right of former President Olusegun Obasanjo to support any presidential candidate of his choice.

    Reacting to his recent endorsement of People’s Democratic Party (PDP), Alhaji Atiku Abubakar, he said Obasanjo has a constitutional right to do so.

    According to him, “Former President Obasanjo has a constitutional right to support any presidential candidate of his choice.

    ” It is however hoped that God will forgive him for supporting Alhaji Atiku Abubakar”, he said.

  • Falana, Okutepa condemn his arraignment on stretcher

    Activist lawyer Femi Falana (SAN) yesterday berated the police for arraigning Senator Dino Melaye in court on a stretcher.

    In a statement, Falana said: “The arraignment of Senator Dino Melaye on a stretcher in Abuja on Wednesday and Lokoja on Thursday morning is unacceptable in a civilised society.

    “It is particularly degrading and humiliating as it violates the fundamental right to the dignity of his person guaranteed by Section 34 of the constitution and Section 7 of the Administration of Criminal Justice Act, 2015.”

    The SAN described Melaye’s ordeal as a reflection of the suffering of ordinary Nigerians in the hands of security agents on a daily basis.

    Another senior advocate, Mr. Jibrin Okutepa, also faulted the senator’s arraignment on a stretcher, describing it as bad for Nigeria’s image.

    He said the police should have waited for the senator to recover before arraigning him.

    To Okutepa, the manner Melaye was treated was humiliating and suggested that he was being persecuted.

    He said: “I watched with keen interest the manner in which Senator Melaye is being arraigned on stretcher in courts. I’m not too sure this drama is not damaging our image as a nation. “

  • Melaye: Falana asks NASS to domesticate UN’s standard for treating criminals

    Lawyer and activist, Femi Falana (SAN) has urged members of the National Assembly (NASS) to domesticate the United Nations (UN) Minimum Standard for the Treatment of Criminal Suspects in the country.

    He described the manner the Police arraigned the Senator in Abuja and Lokoja as “particularly degrading and humiliating” and “a breach of his fundamental rights”.

    In a statement issued in Lagos Thursday, Falana advised the law makers to take advantage of the opportunity provided by the travails of Senator Dina Melaye in adopting the law without further delay as part of the nation’s criminal justice reform.

    The statement is titled “Melaye’s case provides an opportunity to reform our criminal justice”.
    It stated: “the arraignment of Senator Dino Melaye in a stretcher in Abuja Thursday and Lokoja this morning is unacceptable in a civilised society.

    “It is particularly degrading and humiliating as it violates the fundamental right to the dignity of his person guaranteed by Section 34 of the Constitution and Section 7 of the Administration of Criminal Justice Act, 2015.

    “Even though the Senator has my sympathy, it is indistinguishable that he has only been given a little dose of the humiliating treatment that is daily meted out to the flotsam and jetsam of our unjust society by the Nigeria Police Force and other law enforcement agencies in Nigeria.

    “Therefore, the senator’s case should not be treated in isolation by the Senate and the bourgeois media.

    “While the solidarity of the federal legislators with Senator Melaye is understandable the tragic turn of events calls for sober reflection.

    “Apart from joining the call for the immediate release of Sheik Ibraheem Elzakzaky and Col.  Sambo Dasuki (retd) in line with the valid and subsisting orders of competent courts,
    the National Assembly is called upon to take advantage of Senator Melaye’s case to adopt and domesticate the United Nations Minimum Standard for the Treatment of Criminal Suspects in Nigeria without any delay,” he stated.

  • Falana to Obasanjo: stop insulting Nigerians’ intelligence

    Falana to Obasanjo: stop insulting Nigerians’ intelligence

    Human rights activist and lawyer, Femi Falana (SAN), yesterday asked  former President Olusegun Obasanjo to stop “insulting the collective intelligence and memories of Nigerians.”

    Falana claimed  that the same Obasanjo instituted a culture of impunity when he ruled between 1999 and 2007.

    The rights activist, who was reacting to the former president’s recent open letter to President Muhammadu Buhari, told reporters  in Benin that Obasanjo had the opportunity to make Nigeria great by providing good leadership and getting rid of corruption.

    “If Obasanjo, who ruled this country for 11 and a half years,    had institutionalized democracy, rule of laws, respect for human rights, we would  not be in this mess.We would  be having an Eldorado by now,” he said.

    “So, please, let Obasanjo and others be honest to admit that they brought us to this shameful episode. So, nobody should grandstand when it comes to the mis-governance  of Nigerians.

    “President Obasanjo is entitled to form his own political party or his own movement, but he should please desist from insulting the collective intelligence and the collective memories of Nigerians.

    “With great respect to former President Olusegun Obasanjo, apart from the allegations of nepotism and clannishness, which cannot be disputed, every other allegations made, there  is nothing to write home about.

    “In another words, all the other allegations took place under Obasanjo and in fact, he institutionalized  the culture of impunity under the democratic dispensation  in Nigeria.

    “Many of us have forgotten the abduction of Governor Chris Ngige. Many of us have forgotten the fact that the National Assembly, the House of Representatives, displayed bales of naira with which it was alleged that the presidency wanted to bribe the legislators.

    “Many of us have forgotten about the third term agenda or  the fact that many people  who were also close to the seat  of power were treated like sacred cows even in the fight against corruption but I do not want to join issues with Obasanjo for now on his letter so that one is not seen as endorsing impunity in our country, but other than the allegations of nepotism and clannishness which the presidency is notoriously noted for, I think, they are birds of same feathers.”

    On the court ruling that up held the right of the Senate to reject the nomination of Mr. Ibrahim Magu as substantive chairman of the EFCC, Falana said the senators should not to celebrate yet, as the court made no pronouncement on the appointment of Magu as acting chairman of the agency.

    “It is not a judgment to celebrate with great respect. I have read the judgment of the case filed by a private lawyer based in Abuja, Mr. Tolu Ajaomo, against the Attorney of the Federation and the Senate. Mind you, EFCC is not a party, Mr. Ibrahim Magu was not a party, so no court in Nigeria can make order against a person who was not joined in any suit,” he said,

    “But having read the ruling, with great respect, the case was struck  out. If a case is struck out, you cannot rely on it. The court held that the lawyer has no locus standi to file the action and therefore struck it out.

    “However, in an academic exercise, the court said, having regard to section 2, 3 of the EFCC Act, the senate has the power to confirm or reject the nomination of the president. The court never ever made any pronouncement on the appointment of Mr.Ibrahim Magu as the acting chairman of the EFCC. No statement

    “So, there is nothing to celebrate in the judgment. So, I was, therefore, flabbergasted  when I read that the senate was asking the president to bring a fresh nomination.

    “It is the prerogative of the president. He cannot act more than the tenure of the substantive chairman. He cannot act in perpetuity.”