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Tag: FEMI FALANA

  • Falana decries medical doctor’s three-year detention without trial

    Falana decries medical doctor’s three-year detention without trial

    Rights activist, Femi Falana (SAN), has condemned the prolonged detention of a medical doctor, Dr Kenneth Nwafor for over three years.

    Speaking during a visit  by Uturu Development Association of Nigeria (UDAN) Worldwide on behalf of Nwafor, Falana described the detention as a gross violation of the constitution and other extant laws protecting personal liberty and human dignity.

    He stressed that no citizen should be detained without access to family members, legal counsel or proper judicial oversight.

    The learned silk said the doctor, a first class graduate and a lecturer in Abia State University was held in a facility without formal charge or trial in contravention of the Administration of Criminal Justice Act (ACJA) and constitutional provisions on the rights of suspects.

    “For our friends in the media, this doctor was detained for over three years, following his unlawful arrest in July 29, 2022.

    “Under Nigerian law, you cannot keep a citizen in detention for such a period without trial, contact with family or access to a lawyer,” he said.

    Falana explained that the law mandated the police to inform detainees of the reasons for their arrest, their right to remain silent and their right to legal representation before any statement was taken.

    According to him, where a suspect wishes to make a confessional statement, such must be video-recorded, in line with the law, to prevent abuse and coercion.

    He added that certain offences were not legally detainable, adding that no citizen should be held beyond 24 or 48 hours, depending on the availability of a court, without being charged.

    Falana also kicked against the practice of extorting money from detainees, especially during weekend arrests, stressing that bail is free and that demanding payment for bail is illegal.

    “Bail is free in Nigeria. Nobody is permitted to demand money for bail.

    “Any officer who does so is acting outside the law,” he said.

    Falana announced plans for a nationwide sensitisation campaign to educate citizens on their rights and empower communities to challenge unlawful arrests and detentions.

    According to him, lawyers will be mobilised to visit police stations regularly to ensure detainees’ rights are respected and to provide free legal assistance where necessary.

    The human rights activist urged citizens to make the protection of human rights a collective responsibility, calling on communities to engage human rights committees and report abuses by security agencies.

    He thanked members of the public for their solidarity and pledged continued legal action against all forms of unlawful detention and rights violations.

    Earlier, the President-General, of UDAN Dr Chidi Slessor and the Secretary, Mr Titus Eleweke, in a letter, expressed gratitude to Falana for securing the release of Nwafor, popularly known as “Onye Army”.

    The association praised the lawyer’s “exceptional courage, resilience and unwavering commitment to justice” in defending and securing  the doctor’s elease.

    According to UDAN, Falana’s doggedness in pursuing the case of Dr.Nwafor  despite obvious challenges and prolonged legal hurdles,” is a testament to a “lifelong dedication to the rule of law, protection of fundamental human rights and defence of the oppressed.

    “Dr Nwafor, a former President-General of Uturu, is a worthy son whose prolonged detention deeply pained the Uturu people of Abia State.

    “The intervention by the senior advocate restored his liberty and rekindled confidence in the justice system,” they both argued.

    UDAN also appealed for assistance to secure the release of another indigene, Mr Nduka Onyeani, who was arrested the same day with Nwafor and has since remained in detention.

    Narrating his experience, Dr. Kenneth Nwafor said he was sleeping in his house with his wife and children  on July 29, 2023 when officials of the DSS stormed his house at 2:35am and pointed guns at him in his bedroom and was whisked away with only the short boxers on his body.

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    “ My parlour was filled up with DSS and soldiers with over 30 Hilux vans outside in front of my house.

    “ I was handcuffed, my eyes tied and I was beaten. At a stage on the way, I heard one of them say, let’s waste this man and go away. But a DSS official, I guess, prevailed on them from killing me at that moment.

    “When I got to DSS office, I was made to face the wall till dawn. The following day, torture started. They used hammer to smash my head, blood gushed out and when my assailant wanted to repeat the feat, a senior officer stepped in and asked why he is hitting a man who has been talking voluntarily to them. So he stopped him”.

    “They said I belong to IPOB, I told them no”, that I am former soldier, First Class Scholar and lecturer at Abia State University.”

    He continued: “On the 3rd of August, they asked me to prepare that I am going home. What followed was that the man cocked his gun and released a shot into the air.

    My phone was collected and they took me in their car until they passed Okigwe  and we arrived Abuja at 5. 00pm. I entered the DSS headquarters.

    “On  October 7, I was very sick, they woke me up and I came out with 35 others. They handcuffed us and gave us water bottles to urinate on the way. They took us to Wawa Cantonment in Niger State. There I saw hellfire on earth. I found thousands of people, youths, suicide bombers, and bandits all classified according to events in each region.

    “Everyone from the East is regarded as a member of IPOB. Here they charged you as they desired and force you to enter a guilty plea. One guy who refused to plead guilty was beaten until he fainted.

    “While there, I kept praying everyday because I didn’t know I would l come out alive. Some have spent 15 years there without  be trial”, he said.

    Turning to Falana, he said: “ May God continue to replenish you. The God who saved me through you will not allow you to encounter any problem”.

  • Court awards $25,000 damages to Falana against Meta

    Court awards $25,000 damages to Falana against Meta

    The Lagos High Court at TBS has awarded $25,000 in damages in favour of Mr. Femi Falana (SAN) in his $5 million lawsuit against Meta Platforms Inc., the US-based technology company owned by Mark Zuckerberg, over the alleged invasion of his privacy.

    Justice Olalekan Oresanya held that a global technology company such as Meta, which hosts pages for commercial benefit, owes a duty of care to persons affected by content disseminated on its platform.

    Falana, through his lawyer, Mr. Olumide Babalola, accused Meta of publishing motion images and voice captions titled “AfriCare Health Centre” on its platform, suggesting that he suffered from a disease known as prostatitis.

    He argued that the publication constituted an invasion of his privacy as guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    Falana said the false video about his health status had tarnished his image and reputation built over the years.

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    He also contended that the publication, which he described as false, offensive and disturbing, painted him in a false light and caused him mental and emotional distress.

    In its judgment, the court, according to Channels Television, rejected the argument that digital platforms can rely solely on “hosting” or “intermediary” defences where the platform monetises content and the harm arising from misinformation is reasonably foreseeable.

    Falana’s lawyer said the decision reinforces a standard of platform accountability under Nigerian law, aligning with emerging global jurisprudence.

    The court further held that “the fact that the applicant is a public figure does not rob him of his right to privacy.” It found that the publication of false medical information intruded into the claimant’s private life, regardless of his public standing.

    Babalola said the finding settles an important misconception in Nigerian legal practice and affirms that health data enjoys heightened protection, even for public figures.

    The court also held that Meta determines the means and purposes of processing content, monetises pages, and controls distribution algorithms, thereby acting as a joint data controller with page owners. Consequently, Meta was held vicariously liable for the offensive video.

    Babalola said: “This is a major development under the NDPA and weakens the ‘mere platform’ defence traditionally relied upon by Big Tech.”

    The court further ruled that Meta breached Section 24 of the NDPA by processing personal data that was inaccurate, harmful, lacked a lawful basis and was unfair to the learned Senior Advocate. The false health information was held to amount to unlawful processing per se.

    It emphasised that where the risk of inaccuracy is foreseeable, particularly in relation to sensitive personal data, a platform owes a heightened duty to ensure accuracy and integrity.

    The court held that Meta failed to deploy adequate safeguards to prevent or mitigate the harm.

    As a global technology company with vast resources, Meta was expected to implement effective content-review mechanisms, rapid takedown processes and safeguards proportionate to the risks posed by misinformation. Its failure to do so, the court held, amounted to regulatory non-compliance.

  • Saro-Wiwa’s memorial lecture: Falana demands speedy cleanup of Ogoniland, N/Delta impacted areas

    Saro-Wiwa’s memorial lecture: Falana demands speedy cleanup of Ogoniland, N/Delta impacted areas

    Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana has urged the Federal Government to fast track the cleanup of Ogoniland and the entire Niger Delta region.

    He spoke as the keynote speaker at the 30th memorial lecture for the late Ogoni environmental activist, Ken Saro-Wiwa, held in Port Harcourt, Rivers state capital, yesterday.

    According to him, “The Federal Government must speed up the cleanup exercise in Ogoniland and the entire Niger Delta Area, pay special attention in terms of social amenities and job creation for the youths.

    “The government must give back to the Niger Delta from the enormous wealth of the area. It is very crucial that part of the 13 percent derivation should go back to the oil and gas producing communities because the nine oil producing states of the country receive special allocation from Abuja every month, so they must give back to the communities that produce the oil and gas,” he said.

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    On the 3 percent allocated for the development of oil and gas host communities as enshrined in the Petroleum Industry Act (PIA), the SAN stated that it is not good enough for the communities who ordinarily own the oil, and suggested that it should be increased to 5 per cent.

    While reacting to the planned resumption of oil exploration in Ogoni, Falana insisted that the government must speed up the cleanup exercise, noting that it is the only way to encourage the people to ask for exploration resumption in their land, prioritising their own interest over that of the oil companies.

    Echoing similar sentiments, Celestine Akpobari insisted that before resumption of oil production in Ogoni, the issue of marginalisation of the region must be addressed, as enshrined in Ogoni Bill of Rights.

  • ‘Court must rule on legality of Rivers emergency rule,’ by Falana

    ‘Court must rule on legality of Rivers emergency rule,’ by Falana

    Activist lawyer , Femi Falana (SAN), yesterday urged the judiciary to urgently determine the constitutional validity of the emergency rule recently lifted in Rivers State.

    Falana warned that leaving the matter unresolved would set a dangerous precedent for Nigeria’s democracy.

    Falana, in a statement issued yesterday,  warned that without a judicial pronouncement, Section 305 of the Constitution—which empowers the President to declare a state of emergency—could be abused to settle political scores.

    President Bola Tinubu had on September 17, 2025, announced the cessation of emergency rule in Rivers State and reinstated Governor Siminalayi Fubara and other elected officials. President Tinubu in his broadcast  acknowledged the controversy generated by his proclamation.

     The President,  however, noted that over 40 cases were instituted in Abuja, Port Harcourt, and Yenagoa to challenge the declaration.

    “That is the way it should be in a democratic setting,” Tinubu said, adding that some of the suits remain pending in court.

    Falana, however, insisted that the judiciary cannot sidestep its responsibility as it did in earlier cases involving emergency rule.

    He cited that in Attorney-General of Plateau State v Attorney-General of the Federation (2006), the Supreme Court struck out a suit challenging the suspension of state officials on the grounds that the emergency rule had expired, rendering the case academic. Similarly, he said that in Attorney-General of Ekiti State v Attorney-General of the Federation, the apex court declined jurisdiction.

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    Falana, however, contended that the Rivers’ cases are different because they raise “live constitutional issues” that go beyond the restoration of Governor Fubara and other officials.

    He said: “the pending suits question the President’s powers to suspend elected state officials, appoint a sole administrator, dissolve state executive bodies, and even conduct local government elections without due process.

    “These matters involve the interpretation of sections 1(2), 5(2), 11, 176, 180, 188, and 305 of the Constitution, and they cannot be dismissed as speculative.”

    Falana also cited the Attorney-General of the Federation, Lateef Fagbemi (SAN), who had earlier described the Rivers declaration as a “clear signal” to other crisis-ridden states, and urged critics to allow the courts to make a final determination.

    “The Bola Tinubu administration has thrown a challenge to the judiciary,” Falana said.

     “The courts must take it up without further delay. Otherwise, the sword of Damocles will continue to hang over the heads of elected governors”, he warned.

  • Extend free medical services to pregnant women, by Falana

    Extend free medical services to pregnant women, by Falana

    Activist lawyer, Femi Falana (SAN) has urged Federal Government to extend free medical services to all pregnant women.

    The suggestion followed the case of a woman in labour who lost her twin babies after trekking long distances in Abuja while looking for N28,000 to  pay for her delivery fee in an hospital.

    Falana who is also the Chair,

    Alliance on Surviving Covid 19 and Beyond (ASCAB), in a statement on Sunday recalled that sometime in November last year,  the Coordinating Minister of Health and Social Welfare, Prof. Muhammad Pate, announced that free caesarean sections would be provided to Nigerian women in need.

    He said the Minister made the announcement during the launch of the “Maternal Mortality Reduction Innovation Initiative.”

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    He said, “ in Aprl this year, the National Health Insurance Authority (NHIA) said it has commenced free Caesarean Sections (CS) for pregnant women in over 100 hospitals across the country.

    “The Director-General of NHIA, Kelechi Ohiri, disclosed that the intervention is under the Comprehensive Emergency Obstetric and Neonatal Care (CEmONC) Programme.

    “Since the initiative represents a commitment to reducing maternal and newborn mortality across Nigeria, the federal government, as well as the state governments and the Federal Capital Territory, should extend it to all indigent pregnant women.”

    Falana said this is the only way to reduce maternal mortality and infant mortality to the barest minimum in Nigeria.

  • Return recovered N32.7b, $445,000 loot to NSIP, Falana urges Fed Govt

    Return recovered N32.7b, $445,000 loot to NSIP, Falana urges Fed Govt

    Lagos lawyer, Mr. Femi Falana (SAN), has urged the Federal Government to return N32.7 billion and $445,000 said to be recovered loot to the National Social Investment Programme (NSIP).

    Falana, who is the Chairman of the Alliance on Surviving COVID-19 and Beyond (ASCAB), said this in a statement yesterday in Lagos.

    The activist-lawyer recalled that in January of this year, President Bola Ahmed Tinubu approved N32.7 billion for the implementation of the NSIP.

    He noted that the programme encompasses the home-grown school feeding programme, youth empowerment (N-Power), support for small businesses (GEEP), and conditional cash transfers.

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    Falana also recalled that the Federal Government had announced that the funds would be used to support vulnerable groups in the country with non-collateral and non-interest loans.

    Before then, the activist-lawyer said the Economic and Financial Crimes Commission (EFCC) had announced that it recovered  N32.7 billion and $445,000 from top officials in the Ministry of Humanitarian Affairs, Disaster Management and Social Development.

    He hailed the EFCC and advised the commission to intensify efforts to recover the outstanding N20 billion from those who stole it.

    According to him, the EFCC has adopted the policy of ensuring that recovered loots are utilised for the purpose they were originally earmarked for.

  • Only true federalism can resolve Nigeria’s problems- Adams, Falana, others

    Only true federalism can resolve Nigeria’s problems- Adams, Falana, others

    True federalism is the only solution to the development challenges confronting Nigeria, activists including the Aare Ona Kakanfo of Yoruba, Chief Gani Adams, constitutional lawyer, Chief Femi Falana and Joe Okei-Odumakin have said.

    The activists made the remarks during a lecture to commemorate the 32nd anniversary of the June 12, 1993 Presidential election on Thursday, organized by the Oodua People’s Congress (OPC).

    The theme of this year’s event was ‘June 12 as a Catalyst for National Development: True Federalism and Nigerian’s Integration.’

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    In his welcome address, Adams, who is also the National Coordinator of OPC       identified four critical sectors in need of urgent restructuring in the polity as judiciary, economy, security and political.

    He observed that though changing a country was not a task for the lily-livered, Nigerians had a record of not succumbing to machinations of ‘enemies of the society’.

    Adams said: “Without judicial reforms, how will the political class behave? Many of us witnessed judicial rulings coming out before the June 12, 1993 election and even after General Ibrahim Babangida annulled the freest and fairest election on June 23, 1993. We also remember rulings from some judges.

    “But, 32 years after those rulings by these judges who were obviously compromised, are our current judges any better? Are judgements oozing out of courts these days not becoming a complete embarrassment to average Nigerians?” he queried.

  • Falana to Nigerians: expose torture

    Falana to Nigerians: expose torture

    Activist lawyer,  Femi Falana (SAN), has urged Nigerians to  expose private individuals and public officials who contravene the provisions of the Anti-Torture Act 2017.

     He said in spite of the clear provisions of the Constitution and other local and international human rights instruments, the fundamental right of children, indigent citizens, and criminal suspects to freedom from torture, cruel, and degrading treatment is routinely violated in all states of the Federation and the Federal Capital Territory.

       Falana in a statement yesterday, condemned the persistent torture and degrading treatment of citizens, despite constitutional and international protections.

     He cited  Mogaji v. Board of Customs & Excise (1982) where armed agents raided markets in Lagos, brutalizing traders under the guise of searching for contraband goods.

    According to him, “It was a violation of the constitutional prohibition of inhuman or degrading treatment to organize a raid with the use of guns, horse-whips, and tear gas in a market.”

    catalogued in a 2007 United Nation report which stated that,  “Police shoot prisoners, beat them, hang them from the ceiling for long periods… flogging, beatings, threatening suspects with death, and denying them food or medical treatment remain common practices.”

     Falana contended that the Anti-Torture Act criminalizes such actions.

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    According to him, “Section 1 of the Act imposes an obligation on the government to ensure that the rights of all persons, including suspects, detainees, and prisoners, to freedom from torture are respected at all times.”

    Falana said the penalties outlined in the law: “A person who commits torture shall be liable on conviction to imprisonment for a term of 25 years. If death occurs as a result of the torture, the offender will face murder charges.

     “Forced confessions continue to be extracted without legal representation. Confessional statements are still obtained by force in the absence of lawyers, leading to trial within trial during criminal prosecutions,”

     To combat these abuses, the human rights lawyer urged the public to act, stressing that, “It has become necessary for the National Human Rights Commission, the Nigerian Bar Association, and the human rights community to mobilise Nigerians to expose and report violations.”

     He reaffirmed the importance of accountability that those who contravene the provisions of the Anti-Torture Act must be exposed and held responsible. “Every citizen must ensure that Nigeria moves beyond the culture of impunity and respects the dignity of its people.”

  • #RevolutionNow: Falana kicks as security takes over CDHR, Sahara Reporters

    A NUMBER of armed security operatives on Wednesday blocked the Adeniyi Jones premises of the Committee for the Defence of Human Right (CDHR) and the Lagos office of online media outfit, Sahara Reporters, to stop the planned meeting of suspected pro-revolutionists.

    Conveners of the #RevolutionNow movement had planned to continue their agitations around 11 a.m for the release of Sahara Reporters publisher Omoyele Sowore and other agitators arrested by security agents for alleged treasonable felony.

    But as early as 7 a.m on Wednesday, armed policemen, operatives of the Department of State Services (DSS) and the military laid siege to the CDHR to prevent a breakdown of law and order.

    But the protesters had another card up their sleeves as the planned protest kicked-off on the streets and not at the CDHR office, as anticipated.

    The protesters wore orange berets and carried banners with various inscriptions, such as “Free them all” and “Kill insecurity, bad governance”.

    They marched for about a kilometre from Under Bridge in Ikeja, the state capital, to Allen Avenue.

    Co-Convener of Coalition for Revolution (CORE) Olaseni Ajayi said the siege was another attempt to forcefully stop the planned peaceful agitation against the detention of activists without trial.

    He activist insisted that the government action only confirmed that the civil rights fought for over the years were crudely being removed by President Muhammadu Buhari’s administration.

    “The right to speech, association, protest and even to think are no more guaranteed under this neo-regime.

    “However, our agitation for the immediate release of Omoyele Sowore, Agba Jalingo, Abayomi Olawale (Mandate) and all others currently being held in Buhari’s detention centres and for the revolutionary transformation of the country, continues,” he said.

    Reacting to the siege, activist lawyer Femi Falana (SAN) said the government should stop harassing law-abiding citizens.

    The popular lawyer noted that Sowore had been held for over 45 days in defiance to a court ruling that granted the DSS 45-day remand.

    “In spite of the fundamental rights of the Nigerian people to freedom of assembly and freedom of expression, the police had wanted to disrupt and stop the peaceful meeting of law-abiding citizens to discuss the illegal detention of Omoyele Sowore, Agba Jalingo, Abayomi Olawale and scores of others being incarcerated in various detention facilities in the country.

    “Contrary to the order of the Federal High Court that Sowore be detained for 45 days, the DSS has incarcerated him for 47 days.

    “Last week, the Federal High Court turned down the application for the renewal of its order for the detention of Messrs Agba Jalingo and Ekanem Ekpo for another 14 days.

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    “In spite of the expiration of the detention order of the two journalists, they are still being held by the police in Cross River State. Mr. Abayomi Olawale, who was arrested on August 5, has been detained for 45 days by the DSS without any court order whatsoever.

    “These detainees and scores of others languishing in illegal custody ought to be released forthwith.

    “While congratulating the organisers of the symposium for successfully holding the programme at another venue, the harassment of law-abiding citizens cannot be tolerated under a regime that is busy negotiating with bandits and terrorists, bribing them with public funds and granting them amnesty,” said Falana.

     

  • Falana warns against illegal agreement with foreign countries

    Human Rights Lawyer, Femi Falana (SAN) has warned Nigeria against entering into what he described as illegal agreements worth billions of dollars with foreign countries that may be challenged and set aside.

    Falana was speaking at a news conference in Abuja on the decision of the people of Western Sahara to challenge the “illegal” importation of tons of phosphates and other natural resources from the their country into Nigeria by Morocco.

    He said that Nigerian government must be weary of agreements and treaty it signed with Morocco as such violates the rights of the Saharawi people.

    He disclosed that none of the treaties and agreement signed between Nigeria and Morocco is enforceable in the country as the Nigerian government has not deposited same with the National Assembly to adopt and enact them into law as required by section 12 of the Nigerian constitution.

    He warned on parties entering into such agreements to immediately cancel them and “respect the human rights of the people of Western Sahara to enjoy their natural resources as recognized by article 20 and 21 of the African charter on human and peoples rights.”

    He said: “We are going to start with Nigeria because currently, tons of phosphates are being imported into the country from Western Sahara on the basis of illegal agreements entered into between the Federal Republic of Nigeria and the Kingdom of Morocco as well as certain companies. We are warning such parties and we are alerting them of the decision of the people of Western Sahara to defend their rights to their resources.

    “The government of Nigeria has not; until now deposited any of the bilateral agreements entered into with the Kingdom of Morocco with the National Assembly. By virtue of section 12 of the Nigerian constitution, no treaty or agreement between another country and Nigeria can be enforced without same being adopted and enacted into law by the National Assembly.

    “We are warning the government of Nigeria that is still battling with the award of $9.6 billion by an artibtration tribunal in the United Kingdom. We are drawing the attention of Nigeria to the illegal agreements worth billions of dollars that may also be challenged and set aside.”

    Addressing the news conference earlier, former National President of the Academic Staff Union of Universities (ASUU) and National Coordinator of the Nigerian Movement for the Liberation of Western Sahara, Dr. Dipo Fashina said the movement was “determined to bring to book, all companies in Nigeria currently receiving phosphates stolen by the Kingdom of Morocco from Western Sahara to produce fertilizer.”

    Fashina said that the legal option was one of the many steps to ensure that Nigeria does not continue to be a receiver of stolen goods ad make profit from such “unholy theft”.

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    He said “this Movement supports the development of Nigeria, but not with stolen resources. We insist that although our country needs fertilizer, but not that produced with the blood of our brothers and sisters in Western Sahara. About this, we are definite.

    “This   principle is planted in the Nigerian culture of  non-exploitation of other peoples and defender of colonized peoples as we did in the struggle for the liberation of countries like Guinea Bissau, Mozambique, Angola, Zimbabwe,  Namibia and South Africa.

    “Nigerians are freedom-loving peoples, not accomplices  of leaders of a country like Morocco who against all known tenets of African brotherhood, religious obligations and social justice, would invade and occupy a member country of the African Union, dehumanize its people and plunder its resources which it sells to European Union (EU) countries and companies in Nigeria.

    “We put all those dealing in stolen Western Sahara natural resources including their fishes on notice that they cannot continue to do business as usual. After giving this notice to the Nigerian companies dealing in stolen Western Sahara resources, we will picket them across the country and bring them before our courts.

    “This also includes super markets selling sardines and fishes from Morocco because   92 percent of these fishes are stolen from the Western Sahara coast.”

    Fashina said the Moroccan monarchy and leadership should be called to order and brought to book for gross human rights violations in Western Sahara, while the consent and permission of the Saharawi people through the SADR government must be secured before the natural resources of the country is utilized or traded in any form.

    He also asked the African Union to defends its member SADR by giving  Morocco a timeline to vacate Western Sahara and if it fails, to expel  and impose stiff sanctions against it as we did to Apartheid in South Africa, while the United Nations should  expand the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) to include human rights violations so its Mission can protect the Saharawi people.

    He also wants the Moroccan government prevailed upon to vacate the parts of Western Sahara it is occupying and allows the Saharawi people, like other Africans and peoples of the world to freely govern themselves and develop their country without any interference.