The Nation Newspaper

Tag: FEMI FALANA

  • Missing oil money: Falana urges National Assembly to pass PIB

    Missing oil money: Falana urges National Assembly to pass PIB

    Lagos lawyer Mr. Femi Falana (SAN) has urged the National Assembly to pass the Petroleum Industry Bill (PIB).

    He said this would show that the federal legislators are genuinely interested in promoting accountability and transparency at the Nigerian National Petroleum Corporation (NNPC) and in the oil and gas industry.

    In a statement yesterday in Lagos, titled: The Limit of Investigative Powers of the National Assembly, the frontline lawyer regretted that the PIB appeared to have been quietly jettisoned by the lawmakers.

    According to him, the lawmakers were beating their chests for enacting irrelevant laws, such as the Anti-gay Act (“same-sex was never recognised under the law”), the Prisoners Exchange Act (to swap convicts with the United Kingdom when there are no British prisoners in Nigeria), among others.

    Falana said it was shameful that the Central Bank of Nigeria (CBN) Governor (Sanusi Lamido Sanusi) did not seem to understand the operations of the federation account, which is kept at the apex bank.

    The lawyer noted that this was the reason “…his (Sanusi’s) figures of the missing fund have varied from $49.8 billion to $12 billion and $20 billion, while the reconciliation carried out by the finance minister showed $10.8 billion.”

    Falana urged the auditor-general of the federation to audit the federation account and the accounts of the NNPC and the CBN before the nation is further exposed to ridicule by the CBN, NNPC and the Federal Ministry of Finance.

    He said: “In particular, the auditing of the CBN account should cover the illegal payment of over N2 trillion by the CBN to fuel importers in 2011 when the National Assembly appropriated N245 billion.”

    The lawyer recalled that before the 2012 national strike and mass protests, the CBN governor claimed that the amount involved was N1.3 trillion.

    Falana urged the auditor-general to also examine the validity of the several billions of naira allegedly withdrawn from the federation account without appropriation in the last five years and donated to certain individuals and institutions by Sanusi.

    He advised the Senate and the House of Representatives to desist from “endless probes” and concentrate on law making, “now that it is clear that the National Assembly lacks the power and the technical expertise to audit the federation account.”

    The frontline lawyer noted that if the National Assembly had seriously considered the reports submitted each year by the auditor-general and taken actions, the nation would not have heard the accusations and counter-accusations among senior government officials.

    Falana said: “In the last 15 years, the National Assembly has carried out diversionary probes of several agencies and departments without results.

    “It is pertinent to point out that the powers of investigation conferred on the National Assembly, under Section 89 of the Constitution, are meant to be exercised for law making. To that extent, the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Offences Commission (ICPC) and Nigeria Police Force should be allowed to investigate complaints of corruption, fraud and other economic and financial crimes, in line with the provisions of the laws.

    “The practice of usurping the statutory powers of such bodies by the National Assembly should stop. More so that reports of the investigation conducted by the National Assembly are usually turned over to the anti-graft bodies, which have to commence fresh investigation.

    “This is what happened last week when the Finance Committee of the Senate was compelled to call for an audit of the NNPC account in the middle of a probe.”

    The lawyer said it was embarrassing that the Finance minister and the Senate did not know, ab initio, that they were not empowered to audit any of the accounts of the ministries and agencies of the Federal Government.

    He recalled calling on the National Assembly to stop what he called diversionary probe and his request to the auditor-general to audit the federation account and submit his findings to the National Assembly pursuant to Section 85 of the Constitution.

    Falana added that the decision of the Senate that the NNPC accounts be subjected to a forensic audit was the result of the alleged confusion the CBN governor caused with “conflicting figures” over the actual amount allegedly missing from the federation account.

     

     

  • Missing fund: Falana urges NASS to pass PIB

    Missing fund: Falana urges NASS to pass PIB

    Lagos lawyer, Mr. Femi Falana (SAN), has urged the National Assembly to pass the much publicised Petroleum Industry Bill (PIB) now if the federal legislators are genuinely interested in promoting accountability and transparency in the oil and gas industry.

    Falana made the suggestion in a statement issued in Lagos on Tuesday titled: “The Limit of Investigative Powers of the National Assembly.”

    He lamented that the PIB was quietly jettisoned by the lawmakers who he noted have been beating their chests for enacting irrelevant legislations like the Anti-gay Act (same sex was never recognised under the law) and the Prisoners Exchange Act ( to swap convicts with the United Kingdom when there are no British prisoners in Nigeria) among others.

    He said it was shameful that the Central Bank of Nigeria governor does not seem to have any understanding of the operations of the Federation Account which is kept in the apex bank.

    “Hence, his figures of the missing fund have varied from $49.8 billion to $12 billion and $20 billion while the reconciliation carried out by the Finance Minister revealed $10.8 billion,” he noted.

    Falana urged the Auditor-General of the Federation to proceed with the auditing of the Federation Account as well as the accounts of the Nigerian National Petroleum Corporation and the CBN before the nation is further exposed to unprecedented ridicule by the CBN, NNPC and the Federal Ministry of Finance.

    “In particular, the auditing of the CBN account should cover the illegal payment of over N2 trillion by the CBN to fuel importers in 2011 when the National Assembly appropriated the sum of N245 billion,” he said.

    The activist recalled that before the general strike and mass protests of January 2012, the CBN governor had claimed that the amount involved was N1.3 trillion.

     

  • ‘Police permit not  required for rallies’

    ‘Police permit not  required for rallies’

    It has  become habitual for the Police to disrupt or refuse request for rallies  by the opposition and human rights groups. The last of such actions was a planned rally by a group, Save Rivers  Movement, which was disrupted by the police. Lagos lawyer Femi Falana (SAN) writes that under the law, the power to issue permit is vested in the governor of a state and not the police

    In January 2012, the mass protests against the so-called removal of fuel subsidy were

    violently disrupted by the police and the army personnel. During its recent industrial action the Academic Staff Union of Universities had cause to direct its members to embark on protests to draw public attention to the underfunding of public universities in Nigeria. The police dispersed the protesting academics with tear gas. A fortnight ago, a political rally in Port Harcourt, Rivers State was brutally suppressed by the police.

    In justifying the violent attack, Mr. Joseph Mbu, the Rivers State Commissioner of Police claimed that the rally was unauthorized as the conveners did not obtain police permit. Since the disruption of public meetings and rallies is an infringement of the fundamental right of Nigerians to freedom of association, assembly and expression it is pertinent to draw the attention of the authorities to the state of the law on public meetings.

    Under the Public Order Act (Cap P42) Laws of the Federation of Nigeria, 2004 the power to regulate public meetings, processions and rallies in any part of Nigeria was exclusively vested in the governors of the respective states of the Federation.

    Thus, by virtue of section 1 of the Act the Commissioner of Police or any other police officer could not issue a licence or permit for any meeting or rally without the authority of the governor. In other words, no police officer was competent to issue a permit for holding any public meeting or rally or cancel any such public meeting or rally without the authority of the governor of a state.

    In the case of All Nigeria Peoples Party  & Ors. v. Inspector General of Police (2006) CHR 181the Plaintiffs being registered  political parties requested the Defendant, the Inspector-General by a letter dated 21st May, 2004 to issue Police Permits to their members to hold unity rallies throughout the country to protest the rigging of the 2003 elections. The request was refused. There was a violent disruption of the rally organized in Kano on the 22nd of September 2003 on the ground that no police permit was obtained.

    In a suit filed at the Federal High Court against the Inspector-General of Police, the Plaintiffs challenged the constitutional validity of police permit under the Public Order Act and the violent disruption of the rally. In defending the action the Defendant contended that the conveners of the rally did not obtain a police permit. In dismissing the contention of the Police the trial judge, the Honourable Justice Chinyere stated inter alia: “The gist of the provision in section 1 of the Act is that the Governor of each State is empowered to direct the conduct of all assemblies, meetings and processions on public roads or places of public resort in the state and prescribe the route by which and times at which the procession may pass.

    Persons desirous of convening or collecting any assembly or meeting or of forming a procession in any public resort must apply and obtain the license of the Governor. The Governor can delegate his powers to the Commissioner of Police of the State or to other police officers. Persons aggrieved by the decision of the Commissioner of Police may appeal to the Governor and the decision of the Governor shall be final and no further appeal shall lie therefrom.”

    On the inconsistency of police permit with sections 39 and 40 of the Constitution and Article 11 of the African Charter on Human and Peoples’ Rights Act (Cap A9) Laws of the Federation of Nigeria, 2004 the learned trial judge said: “In my view, the provision in section 40 of the Constitution is clear, direct and unambiguous. It is formulated and designed to confer on every person the right to assemble freely and associate with other persons. I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association. I agree with Mr. Falana that violation can only be done by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before theses rights can be violated.

    I also agree with Mr. Falana that the criminal law is there to take care if protesters resort to violence in the course of demonstration and that once the rights are exercised peacefully, they cannot be taken away.

    The Public Order Act so far as it affects the right of citizens to assemble freely and associate with others, the sum of which is the right to hold rallies or processions or demonstration is an aberration to a democratic society. It is inconsistent with the provisions of the 1999 Constitution. In particular, sections 1(2),(3),(4),(5) and (6), 2, 3 and 4 are inconsistent with the fundamental rights provisions in the 1999 Constitution and to the extent of their inconsistency, they are void. I hereby so declare.”

    After declaring the provisions of the Public Order Act which require police permit for public meetings and rallies illegal and unconstitutional the Federal High Court proceeded to grant the following reliefs:

    “1.  A declaration that the requirement of police permit or other authority for the holding of rallies or processions in Nigeria is illegal and unconstitutional as it violates section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.

    2. A declaration that the provisions of the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 which require police permit or any other authority for the holding of rallies or processions in any part of Nigeria is illegal and unconstitutional as they contravene section 40 of the 1999 Constitution and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria, 1990.

    3. A declaration that the Defendant is not competent under the Public Order Act (Cap 382) Laws of the Federation of Nigeria, 1990 or under any law whatever to issue or grant permit for the holding of rallies or processions in any part of Nigeria.

    4. An order of perpetual injunction restraining the Defendant (the Inspector-General of Police) whether by himself, his agents, privies and servants from further preventing the Plaintiffs and other aggrieved citizens of Nigeria from organizing or convening peaceful assemblies, meetings and rallies against unpopular government measures and policies.”

    Completely dissatisfied with the judgment of the Federal High Court on the issuance of police permit the Inspector-General of Police appealed to the Court of Appeal.

    Upon hearing the case the Justices of the Court of Appeal unanimously affirmed the judgment of the Federal High Court. With respect to the powers of governors to authorize the issuance of permit for holding public meetings and rallies in their states Olufunmilayo Adekeye JCA (as she then was) had this to say:

    “On a proper perusal of the provisions particularly section 1 subsection 1-6, and sections 2-4 there is no where the name of the Inspector General is mentioned in connection with the issuance of permit for the purpose of conducting peaceful public assemblies. Such application is to be forwarded to the Governor within forty-eight hours of holding such. The Governor may delegate his powers under the Act to the Commissioner of Police of the State or any superior police officer of a rank not below that of a Chief Superintendent of Police as applicable to this case in hand.”

    On the fundamental right of Nigerian citizens to assemble freely and protest without licence or permit Adekeye JCA proceeded to hold as follows:

    “The power given to the Governor of a State to issue permit under Public Order Act cannot be used to attain unconstitutional result of deprivation or right to freedom of speech and freedom of assembly. The right to demonstrate and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess and which they should exercise without impediment as long as no wrongful act is done…Public Order Act should be promulgated to compliment sections 39 and 40 of the Constitution in context and not to stifle or cripple it. A rally or placard carrying demonstration has become a form of expression of views on current issues affecting government and the governed in a sovereign state. It is a tread recognized and deeply entrenched in the system of governance in civilized countries – it will not only be primitive but also retrogressive if Nigeria continues to require a pass to hold a rally. We must borrow a leaf from those who have trekked the rugged path of democracy and are now reaping the dividend of their experience.” (See Inspector-General of Police v. All Nigeria Peoples’ Party (2008) WRN 65).

    In his contribution to the judgment of the Court of Appeal Muhammad JCA confirmed that police permit is alien to a democratic society when he reiterated that:

    “In present day Nigeria, clearly police permit has outlived its usefulness. Certainly in a democracy, it is the right of citizens to conduct peaceful processions, rallies or demonstrations without seeking and obtaining permission from anybody. It is a right guaranteed by the 1999 Constitution and any law that attempts to curtail such right is null and void and of no consequence.”

    In consigning police permit to the dustbin of history the Court of Appeal relied on the case of New Patriotic Party v. Inspector-General of Police, Accra (1992-1995) GBR 585 where the Supreme Court of Ghana observed that:

    “Statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permit is the brain child of the colonial era and ought not to remain in our statute books.”

    In line with the rule of law the current Inspector-General of Police, Mr. M.D.Abubakar has directed all police officers to comply with the verdicts of boththe Federal High Court and the Court of Appeal by  recognizing thefundamental right of Nigerians to assemble freely and protest without harassment. Hence, in the Nigeria Police Code of Conduct launched at Abuja on January 10, 2013 it is stated that police officers shall “maintain a neutral position with regard to the merits of any labour dispute, political protest, or other public demonstration while acting in an official capacity; not make endorsement of political candidates, while on duty, or in official uniform.”

    In view of the aforesaid judicial pronouncements on the fundamental right of Nigeria to protest peacefully without police permit which has been recognized by the Inspector-General of Police as espoused in the Nigeria Police Code of Conduct we urge the Rivers State Commissioner of Police and other Police Commissioners to desist from cancelling or disrupting political meetings and rallies convened by Nigerians in exercise of their freedom of association and assembly.

    Incidentally, the Honourable Justice Adekeye J.S.C. (Rtd) who delivered the historic judgment of the Court of Appeal which confirmed the illegality of police permit is now a member of the Nigeria Police Service Commission.

    We have no doubt that the respected Justice will rightly advise the Nigeria Police Force to stop the illegal and contemptuous practice of insisting on the issuance of police permit for political meetings and rallies in Nigeria.

    Notwithstanding that the provisions of the Public Order Act relating to the issuance of permit for holding public meetings and processions have been struck down the Constitution has empowered governors to issued directives to commissioners of police with respect to public order and security in their respective states.

    This was confirmed by the Supreme Court in the case of Attorney-General of Anambra State v. Attorney-General of the Federation. (2005) 9 NWLR (PT 931) 572 at 616 where Uwais CJN (as he then was) held that:

    “The Constitution in section 215 subsection (1) clearly gives the Governor of Anambra State the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the State.”

    Following the aforesaid judgment of the Federal High Court the Olusegun Obasanjo Administration ensured that the protests organized by the Nigeria Labour Congress in 2005 against incessant hike in the prices of petroleum products were not disallowed by the police. In the same vein, the Acting President Dr. Goodluck Jonathan ensured that the rallies convened by the Save Nigeria Group in Lagos and Abuja in 2010 to protest the coup of the cabal that seized power when the Late President Umaru Yaradua was in a state of coma in a foreign hospital were not attacked by the Police.

    Since democracy admits of freedom of expression the holding of dissent, protests, marches, rallies and demonstrations the right of Nigerians to freedom of expression should not be enjoyed on the basis of the whims and caprices of the ruling class.

    In the light of the foregoing, it is submitted, without any fear of contradiction that the power to issue licence or permit for holding public meetings, assemblies and processions was never vested in Inspector-General of Police and Police Commissioners but in the State Governors. Police permit which is a relic of colonialism has been annulled on the ground of its inconsistency with the provisions of the Constitution and the African Charter on Human and Peoples’ Rights on freedom of assembly, association and expression. To that extent, the disruption of public meetings and rallies by the police and other security agencies ought to be resisted by Nigerians as it is illegal and contemptuous.

     

     

     

     

  • Femi Falana loses son-in-law

    Femi Falana loses son-in-law

    HUMAN Rights lawyer, Femi Falana, is bereaved. He lost his son-in-law, Oluwajuwalo Majekodunmi, to the cold hands of death. The deceased was holidaying in Dubai with his wife, Oluwafolakemi, when the tragedy struck.

    The couple got married at a well-attended ceremony in December 2012. The event started with an engagement ceremony on 6th of December, 2012 at the Nigeria Employer’s Conservative Association (NECA) located on plot A2, Hakeem Balogun Street, Alausa, Ikeja, Lagos State.

  • President didn’t address key issues, says Falana

    President didn’t address key issues, says Falana

    Rights activist-lawyer Mr Femi Falana (SAN) has praised President Jonathan for responding to the allegations raised in Obsanjo’s 18-page letter.

    The former Chair of the West African Bar Association (WABA), who spoke yesterday in Warri, Delta State, however said the president’s riposte failed to address key issues raised by his predecessor in office.

    Falana urged Jonathan to review the letter and tidy up loose ends, on issues bordering on corruption, abuse of power and extra-judicial killings.

    He said: “There are areas of the reply that are rather woolly. I think it is not enough to attempt to engage in blackmail; the President must now go further to cause an investigation and prosecution in some of the cases he mentioned rather tangentially (in his reply).

    “At the international level, this country has been exposed to ridicule, with the handling of the cases of Halliburton, Wilbros, Siemens and the rest of them. To the best of my knowledge, with the information at my disposal, the US government has made not less than $2bn in terms of fines imposed on those companies for bribing Nigerians.

    “It is not enough (for President) to say Halliburton, Siemens and all that did not happen under his regime. Since there is no statute of limitation and these cases exposed Nigerians to ridicule, President Jonathan must now go the whole hog, no matter whose ox is gored.”

    Besides, Falana slammed Jonathan over his handling of the Stella Oduah bullet proof car scandal and the alarm of missing $49 billion NNPC fund, raised by the Central Bank of Nigeria (CBN) Governor.

    He also scoffed at Minister of Finance, Dr Ngozi Okonzo-Iweala’s explanation that there was a misunderstanding and that the only a fraction of that money ($16bn) was yet unaccounted for.

    Falana maintained that President Jonathan must adequately clear the mist over similar cases to assure Nigerians that his administration was not cuddling corruption as he was accused of in the letter.

    He said: “I also find that area in the letter disturbing where the president said the Governor of the Central Bank didn’t mention his name. He (CBN Governor) came out publicly to say $49bn is missing and now he has apologised.

    “It is not enough to apologise; if the Governor of CBN could go all out and tell the whole world that $49bn is missing, it is not enough for Minister of Finance to call a meeting and after the meeting and say ‘we are reconciling, only $12bn has not been traced’.

    “No; the Minister of Finance is not the Auditor General of the Federation; it is not her business to audit the accounts of the federation or any account belonging to the Federal Government.

    “So President Jonathan must direct the Auditor General of the Federation to audit the account of NNPC, CBN and Ministry of Finance and ensure that we get to the root of criminality in our country or the grand looting of the treasury of our country.

    “A minister has been indicted by a panel set up by the President, by the House of Representatives and by the EFCC. What rule of law, what due process are you (President) waiting for? You must fire her; you must also fire other corrupt ministers and government officials that are giving the impression that the regime is comfortable with corruption,” he said.

    The lawyer is not pleased with Jonathan’s response to extra-judicial killings, noting the president’s position that the killings occured before he came to power, was not tangible.

    “He must now set up proper investigation – because they were covered up in the past – to ensure that we get to the root of these killings, including the killing of the Attorney General and Minister of Justice under President Obasanjo, the late Chief Bola Ige (SAN).”

    Former Abia State Governor Dr Orji Uzor Kalu, urged President Goodluck Jonathan and ex – President Obasanjo to seek solution to Nigeria’s problems rather than writing letters that expose the highest office in the land to ridicule.

    Kalu spoke to reporters at the Murtala Muhammed International Airport, Ikeja, Lagos. He was on his way to Dubai .

    He said they should not exchange correspondence that could further heat up the polity.

    Said Kalu: “Both former President Olusegun Obasanjo and President Goodluck Jonathan must face the realities of today; they should realise the suffering of the citizens.

    “Both leaders do not have to be exchanging letters that will only make newspapers headlines especially during this festive period.

    “I expected them to be able to think about the Nigerian people, proffer solutions to their problems.

    “I think if I were former President Olusegun Obasanjo, there should be no reason for me to write an open letter to the president.

    “There is a line of communication that is open to Nigerian leaders to reach the incumbent. At least, once a president of the country, always a president,” Kalu said.

  • Clara Chime: HURIWA praises Falana

    The Human Rights Writers Association of Nigeria (HURIWA) has asked the Enugu State Governor, Sullivan Chime, to offer within one week, an “unreserved public apology for the series of alleged violations of the rights of his wife and the women generally in a democratic society.

    The group also faulted the manner the National Human Rights Commission (NHRC) has handled the case so far.

    It urged the commission to speed up its investigation and make public its report within one week.

    It praised rights activist, Femi Falana (SAN) for his effort in making public, the alleged unjust detention of Mrs. Chime in the state’s Government House for weeks against her wish.

    The group, in a statement signed by its National Coordinator, Emmanuel Onwubiko, Nneka Okonkwo (Gender Specialist) and Zainab Yusuf (National Media Director), urged the Enugu State’s House of Assembly to commence impeachment process against the governor should he failed to offer the apology.

    HURIWA accused the Enugu government of perpetuating a deliberate policy of discriminating against women in the state.

    It said the state is among the few states yet to domesticate many of the pro-women and pro-children legislations like the Child’s Rights Act of 2003.

    “In fact, Enugu is one of the 12 States of the federation and the only state in Southern Nigeria yet to domesticate the Child’s Rights Act 2003.”

    It said the people should learn from the story of how the Enugu governor allegedly maltreated his wife in deciding who to vote for in future elections.

     

     

  • Falana seeks new approach to rights issues

    Falana seeks new approach to rights issues

    Lagos lawyer Mr Femi Falana (SAN) has called for a new approach to tackling human rights issues.

    In a statement yesterday in Lagos to mark the Human Rights Day, the frontline lawyer said: “Since most African countries obtained flag independence over 50 years ago the rate of poverty, unemployment, illiteracy, ignorance and diseases has been on the ascendancy. The situation in countries that are endowed with natural resources is nothing to write home about as official corruption, capital flight and currency devaluation have worsened the crisis of underdevelopment. “Instead of mobilising the people of Africa for development, the civilian and military wings of the political class have handed over the economy of most countries to Western development agencies, particularly the International Monetary Fund (IMF) and the World Bank.

    “Notwithstanding that the Structural Adjustment Programme (SAP) prescribed for most African countries led to retrenchment of workers and withdrawal of subsidies from social services public assets were sold to the comprador bourgeoisie in the name of privatisation. While the members of the ruling class have engaged in economic sabotage to ward off poverty the masses of people have been left in the lurch. In Nigeria, socio-economic rights have been deliberately been made non-justiciable in the Constitution.

    “Consequently, the government cannot be dragged to court for its failure to provide adequate funds for education, health, housing, transportation and employment.

    However, some laws have been made towards the realisation of the

    Fundamental Objectives and Directive Principles of State Policy outlined in Chapter II of the Constitution. It has been held by the Supreme Court that such laws are enforceable by our courts. It is on record that our municipal courts and the Community Court of Justice (ECOWAS Court) have begun to enforce the socio-economic rights of Nigerians in accordance with the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

    “As Nigeria joins the rest of civilised humanity today to celebrate the Human Rights Day I am compelled to call on the National Human Rights

     

    Commission and all non state actors involved in the defence and promotion of human rights to appreciate that political and civil rights are meaningless to the majority of our people who are battling with

    deprivation.

    “In other words, the right to life has no meaning to people who have no means of livelihood or who cannot afford medical expenses when they fall sick while freedom of expression is of no relevance to millions of illiterate people. Unlike human rights bodies in western countries which can concentrate attention on esoteric rights because there is social security for the vulnerable people it is high time human rights bodies in Africa paid due regard to the enforcement and implementation of socio-economic rights.”

  • The Chimes’ controversy

    Wonders will never cease! Every other day, Nigerians are treated to different dimensions of news emanating from virtually everywhere – in the polity, on the economic sphere, in religious circles, market environment, beer parlours and other innocuous places. The government houses scattered all over the 36 states of the federation, where the almighty governors hold sway, are also not immune to shocking revelations. Usually, the items of news coming from these government houses are stories about extravaganzas, arbitrary use of power and other forms of recklessness.

    Today, there is a novel dimension to the news oozing out from the Government House in Enugu, South-east of Nigeria. Here, the news borders on man’s inhumanity to a woman. And the dramatis personae in this melodrama are no other persons than the Number One citizen of the state, Sullivan Chime, and Clara, his wife of five years. Since the news broke out about a fortnight ago, it has continued to spread like a festering sore.

    The kernel of the story, which is now in public domain, is the call by Chime’s wife to be rescued from detention right inside the Government House, Enugu. The wife had, through a petition to the National Human Rights Commission, NHRC, cried out to be saved from her husband. She accused the governor of an abusive relationship that has led to her suffering from depression. The governor, she added, has locked her up in a room and denied her access to her four-year-old son and visitors. In the same vein, Femi Falana, her lawyer, also sent a letter to the Inspector General of Police, demanding the immediate release of Mrs. Chime from unlawful custody.

    According to the petitions, the governor’s wife said though she had been married for five years, “it has been a somewhat tempestuous relationship, which has virtually irretrievably broken down in the past couple of years”. She said, “We do not have a relationship anymore and the situation inevitably led to my nervous breakdown. I have been diagnosed with severe depression and at some point, was quite suicidal. The strategy of my estranged husband is to subject me to the most horrific and intolerable of conditions to cause my demise but my strength and will to live has kept me alive”.

    The governor’s wife went on to enumerate the major issues as follows: “Not had sexual relationship with my husband for four years; deprived of all my responsibilities as a wife; prevented from bonding with my four-year-old son; barred me from receiving visitors, whether family or friends; in the last three weeks, a lady friend who visited me was stopped from seeing me and the result is now complete incarceration from the outside world; in effect, I am locked up in my bedroom, without access to anybody; I am only allowed food but no access to fresh air; I have been locked up because I demanded to leave, even without my son; Governor Chime recently revoked my land allocation; the governor is doing everything possible to break my will”.

    Furthermore, the estranged woman said: “All I want and demand is to be allowed to leave; if I have committed any crime, I request that due process should be followed; I am falsely being imprisoned; all my rights are being violated; I have tried to leave and was pushed back by the security agents; and it is clear I am unable to do so except through other intermediaries; my passionate plea is to be allowed to leave peacefully as I no more wish to exist under this prevailing state. In the event that I die, please note that this must have been brought about by my husband. I wish to make it categorically clear that I have no intention of taking my own life. I have completely lost trust in my estranged husband; the possibility of the doctor injecting me with a lethal substance must never be underestimated; I am begging you to help facilitate my release and bring my suffering and ordeal to an end.”

    She claimed that even President Goodluck Jonathan and his wife, Patience, have intervened in the matter without convincing her husband to make life easier for her. She continued: “My father is late, my mom and few of my siblings are confused and have done all kinds of prayers they know of; three of my siblings prefer me dead than to see me leave the Government House.  He treats my mom and my siblings bad.”

    In his own reaction, an unperturbed Chime has vowed to continue to protect the integrity of his wife. According to him, “well, my wife has some medical challenges and it would be very unkind for me to talk about her condition on the pages of newspapers. I have done everything to protect her integrity and I am not now going to expose her to ridicule because some people want to exploit her situation to drag me into a needless war of words”.

    The controversy between Chime and his wife seems to have become an open-ended war between the couple on the one hand, Chime and Falana on the other hand, as well as, Chime’s wife and the NHRC. While Chime, who is also a lawyer, is contesting that his wife never contacted Falana for help, Falana has maintained that he has the woman’s brief to act on her behalf. Also, Chime’s wife has kicked against a recent report which was attributed to the NHRC to the effect that she was indeed suffering from “depression and hallucination”. This has prompted the human rights body to dissociate itself from the report at the last minute although the body did not refute the story when it first broke out.

    All indications point to the fact that there is more to this story than meets the eye. It is clear that Chime’s wife has been passing through unpleasant moments in her chequered relationship with her governor-husband. She has bared it all. What I think the husband has been trying to do is to embark on frenetic damage control to save his battered public image. For one, assuming the wife is actually depressed or having some psychological nightmares, the best place to treat a patient, whether of malaria or any other illness, is the hospital purposely built for such, and not the Government House. And the fact that some doctors allegedly connived with the governor to put the woman in ‘detention’ in the Government House smacks of suspicion and other ulterior motives.

    From the little information I was able to piece together from Enugu, the governor may have been economical with the truth. His lifestyle, which is said to be less than honourable and perhaps, unbecoming of a person occupying such a sensitive position, may have, in one way or another, contributed to his wife’s state of the mind. The governor is rumoured to have an insatiable appetite for frolicking with women and drinking in hotels in the coal city. He is said to be gifted with excellent dancing steps so much that, on a good day, he provides enough fun whenever he takes to the floor doing yahooze, azonto or skelewu dancing steps. This, they say, he relishes doing sometimes with six, eight or more girls in tow.

    If this is true, what follows each session of wining, erotic dance steps with women and all that, is a matter of conjecture. And the wife could easily be turned into a punching bag thereafter.  Here lies the crux of the matter. Therefore, there is the urgent need to get to the root of this problem. The talk about divorcing the woman, which is now uppermost in the mind of Chime and his collaborators, cannot provide a safety valve to wriggle out of this embarrassment. At any rate, Chime should not only toe the path of honour by taking his wife to any good hospital for adequate treatment, he should also do a comprehensive self-appraisal to see if there are some of his actions that may have caused the woman severe depression. This remains a shameful and condemnable act!

  • ‘We don’t have documents on cars’

    The Nigeria Civil Aviation Authority (NCAA) yesterday replied Lagos lawyer, Mr Femi Falana (SAN), on his request for the documents on the two armoured cars for Aviation Minister, Princess Stella Oduah.

    The agency said it did not have the documents on the purchase of the controversial N255 million cars.

    In a statement by NCAA’s spokesman, Mr Fan Ndubuoke, the authority said it had the documents on the lease finance agreement for the procurement of operational, security and safety vehicles.

    The NCAA said the documents were intact, adding that they were in this year’s appropriation.

    The statement reads: “It is pertinent to restate here that the NCAA, indeed, has no documents for the purchase of the bulletproof cars for the Minister of Aviation, as demanded by Lagos lawyer, Mr Femi Falana (SAN).

    “Instead, the NCAA has documents on the lease finance arrangement for the procurement of operational, security and safety vehicles for the use of the authority, as provided for in its 2013 appropriation.

    “All these documents are already in the public domain and have also been deposited with the various committees looking into the matter.

    “The public is hereby enjoined to discountenance the innuendoes, which tended to suggest that the NCAA does not have any documents at all on the bulletproof vehicles.

    “It must be made clear here that Mr Falana specifically requested for the documents on the procurement of vehicles for the Minister of Aviation.”