The Nation Newspaper

Tag: FEMI FALANA

  • Why Shi’ites can march despite proscription, by lawyers

    LAWYERS on Tuesday said it would be illegal for members of the Islamic Movement of Nigeria (IMN) to stage any form of street march until its proscription is overturned by a court of competent jurisdiction.

    But legal experts said Shi’ite members’ who carried out their Ashura mourning procession, had the right to do.

    The challenge, they noted, would be to differentiate Shia worshippers from IMN members.

    The lawyers noted that since the government did not ban Shia Muslim faithful, Shi’ites can practice their religion in accordance with the law.

    A Senior Advocate Nigeria (SAN) Ahmed Raji, emphasized that IMN members, led by Ibrahim El-Zakzaky, would be courting trouble by staging any form of march.

    “Until the proscription is set aside or nullified by the court or the government de-proscribes them, it will appear to be unlawful for them to gather.

    “Until the court overturns the proscription, it would appear to be illegal for them to stage a religious march or protest.”

    The senior advocate, however, said Shia sect was not under ban as the government later clarified.

    “The Federal Government never banned Shi’ites. What the government proscribed is IMN. The government never proscribed Shia, which is a recognized sect in Islam.

    “What is banned is the group headed by El-Zakzaky known as IMN. That is what I understand the government to be saying.”

    Read Also: Shiites have right to practice faith – Falana

    Activist-lawyer Femi Falana (SAN) also said the Shiite members have the right to practice their religion.

    He recalled that the government clarified IMN’s proscription to the effect that the fundamental right of the Shiites to freedom of religion has not been abrogated.

    He said: “To the extent that the Shiites are observing a religious rite, it is callous and highhanded on the part of the Sunnis in government to authorize the police to massacre them.

    “It is unacceptable to kill religious worshippers by officials of the federal and state governments that are currently negotiating and bribing bandits and kidnappers.”

    Rights group, Access to Justice Convener, Joseph Otteh, agreed with Raji, saying Shi’ites had the right to practice their religion.

    “I think Shi’ites can march. What was banned was the religious sect, not the religion itself. There are people who might be Shi’ites but don’t belong to the IMN.

    “I think they are carrying out their religious procession, not as members of IMN, but as adherents of an Islamic religious faith.

    “From that perspective, I see nothing stopping them from exercising their religious rights,” Otteh said.

    Activist-lawyer Femi Falana (SAN) yesterday said Shiite members have the right to practice their religion.

    He recalled that the Federal government clarified IMN’s proscription to the effect that the fundamental right of the Shiites to freedom of religion has not been abrogated.

    “To the extent that the Shiites are observing a religious rite, it is callous and highhanded on the part of the Sunnis in government to authorise the police to massacre them.

    “It is unacceptable to kill religious worshippers by officials of the federal and state governments that are currently negotiating and bribing bandits and kidnappers,” Falana said.

  • CBN’s foray outside its core mandate

    The Central Bank of Nigeria (CBN) has renewed financing activities outside of its core areas. Agriculture, education and health sectors have received generous aids, a development which does not sit well with some critics who expect it to stick to promoting a sound financial system, writes MUSTAPHA SUMAILA

     

    CBN initiatives

    • COMMERCIAL AGRICULTURE CREDIT SCHEME
    • REAL SECTOR SUPPORT FACILITY (RSSF)
    • SME CREDIT GUARANTEE SCHEME (SMECGS)
    • SME RE-STRUCTURING AND REFINANCING FUND (SMERRF)
    • NIGERIA INCENTIVE-BASED RISK SHARING SYSTEM FOR AGRICULTURAL LENDING
    • POWER AND AIRLINE INTERVENTION FUND
    • NIGERIA ELECTRICITY MARKET STABILISATION FUND
    • ANCHOR BORROWERS

     

    SECTION 2 of the Central Bank of Nigeria (CBN) Act stipulates that the principal objectives of the bank shall be to ensure monetary and price stability, issue legal tender currency in Nigeria and promote a sound financial system.

    The section further states that the apex bank shall maintain external reserves to safeguard the international value of the legal tender currency, act as banker and provide economic and financial advice to the Federal Government.

    The CBN has, however, over the years, been directly or indirectly involved in the financing of growth-enhancing programmes and other projects of the Federal Government which are incidental to the bank’s core mandates.

    Some of these developments and corporate social responsibilities interventions by the bank have received accolades while some, public opprobrium.

    For instance, in 2012, the bank, under the leadership of Sanusi Lamido Sanusi, (now Emir of Kano), came under criticism when it donated N100 million to victims of the Boko Haram menace in Kano.

    Critics of the action claimed it was illegal for the bank to engage in philanthropic activities outside its core and statutory mandate.

    One of the leading critics of the bank’s action, Mr Femi Falana (SAN). had called on the then President, Goodluck Jonathan, to sanction Sanusi.

    “From the law setting up the Central Bank of Nigeria, the diversion of public funds to assist victims of disasters is illegal in every material.

    “The management of the Central Bank cannot be allowed to continue to dissipate public funds under the pretext of carrying out any social responsibility outside the ambit of the law,” the human rights activist had said.

    However, when Sanusi was summoned by the then House of Representatives’ Committee on Banking and Currency, mandated to investigate the donations, he said it was legal.

    Sanusi argued that the apex bank had always intervened in the economic development of Nigeria, adding that the legal basis for the interventions in certain sectors of the economy were contained in Section 31 of the CBN Act 2007.

    Notwithstanding the legal justification or otherwise, stakeholders have commended the CBN for its initiatives and interventions encompassing real sector, agriculture, small and medium enterprises, infrastructure and youth empowerment.

    Some of the CBN initiatives undertaken by Sanusi’s successor, Mr Godwin Emefiele are Commercial Agriculture Credit Scheme; Real Sector Support Facility (RSSF); SME Credit Guarantee Scheme (SMECGS); SME Re-structuring and Refinancing Fund (SMERRF).

    Others are Nigeria Incentive-based Risk Sharing System for Agricultural Lending (NIRSAL); Power and Airline Intervention Fund (PAIF); Nigeria Electricity Market Stabilisation Fund (NEMSF); Anchor Borrowers, among others.

    The recent interventions by the bank in the education and health sectors have received accolades from stakeholders.

    Here, about N63 billion was committed by the apex bank into building Centres of Excellence in nine Federal Government-owned universities to enhance post-graduate studies in financial related courses.

    The CBN also planned to build diagnostic centres in the six geopolitical zones of the country and Abuja. The F.C.T. facility is expected to have both heart and cancer diagnostic centres.

    Inaugurating one of the centres of excellence at Ahmadu Bello University (ABU), Zaria recently, CBN Governor Emefiele said the project was part of the apex bank’s intervention in education.

    He explained that the centres would be delivered in phases and the first phase, which comprised the University of Nigeria Nsukka, University of Ibadan and ABU, Zaria had been completed and ready for the use by the institutions.

    He said the others, nearly completed, are those in University of Lagos, University of Port Harcourt, University of Jos, Bayero University, Kano and University of Maiduguri.

    Emefiele stressed that education and health were the bedrock of any nation’s development and there was the need to invest in them.

    He said the centres, with 500-capacity auditorium, ICT facilities and e-Library, could compete with any business school globally.

    Emefiele said when the centre became operational, programmes such as Forensic Accounting, Global Financial Market, Risk and Compliance Management would be offered at the centres.

    He assured the nation that the bank would get involved in the management of the facilities to forestall decay.

    The governor also disclosed that the bank would engage accounting specialists and practitioners working in central banks across the world to bring their wealth of experience to bear at the centres.

    President Muhammadu Buhari, at the ceremony, lauded CBN for supporting the Federal Government’s investments in the education sector as well as other key areas of the economy.

    Buhari also tasked the apex bank to extend such funding support to researches in the tertiary institutions.

    “It is no longer a secret that the state of facilities in our universities and other higher institutions of learning can no longer meet up with the requirements of our ever growing students popuations.

    “This is largely due to perennial challenges over the years and my government is committed to tackle the challenges,” he said.

    The Vice Chancellor, ABU, Zaria, one of the beneficiary universities, Prof. Ibrahim Garba, commended CBN for the gesture.

    He said the donation of the centre was the highest intervention the university had ever received and that it would enhance academic learning, especially at the post-graduate level.

    Garba said the centre would afford the university the opportunity to establish a Business School to offer Economics, Accounting, Banking and Finance, Business Administration and Statistics at post-graduate levels.

    The CBN boss also disclosed his plan to build seven diagnostic centres in the six geo-political zones of the country and Abuja.

    “If we have funds, the projects are expected to commence by 2020 and ready by 2024,” he said.

    Emefiele said the intervention would help to reduce capital flight and brain drain in the health sector.

    “The centres will be done in a way that a referral will come from teaching and private hospitals and those coming to access care at the centres will be paying to generate revenue.

    “In that case, the centres will be able to fund and manage themselves without CBN interference,” he explained.

    Mrs. Zainab Abubakar, an economist with the Federal University, Dutse in Jigawa, commended CBN for the interventions and described education and health as critical sectors that needed such assistance.

    Abubakar explained that there must be healthy people in the country for optimal efficiency and productivity.

    Like Abubakar, stakeholders believe that the CBN’s interventions in the two critical sectors would spur development and innovation.

     

    • Sumaila is of News Agency of Nigeria (NAN)

  • Falana, Ozekhome disagree over ex-CJN Onnoghen’s sack

    TWO Senior Advocates of Nigeria (SANs) Mike Ozekhome and Femi Falana on Tuesday disagreed over lawyers’ response to the removal of immediate-past Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The duo spoke during Rule of Law Session of the ongoing Nigerian Bar Association (NBA) Annual General Conference (AGC) at the Eko Hotel and Suites in Lagos.

    On April 19, the Code of Conduct Tribunal (CCT) convicted Justice Onnoghen on the infractions noticed in his assets declaration documents and for failing to reveal the money he kept in foreign bank accounts.

    His suspension over the charges pending trial by President Muhammadu Buhari in January, weeks before the presidential election, caused a political storm within the legal community.

    Senator Enyinnaya Abaribe, who was one of the panelists at the NBA event, stirred the controversy with his comment on the Justice Onnoghen saga.

    According to him, the NBA failed the former CJN when the Federal Government eased him out of office.

    The lawmaker, representing Abia South Senatorial District, alleged that some persons hid a judgment that invalidated the Federal Government’s power to oust Justice Onnoghen, only to bring the judgment out after his ouster.

    Abaribe said: “I’m going to pose just one question to the NBA on the basis of some, I would say, facts.

    “One, you cannot be a judge without being a lawyer. Am I correct? You cannot be an attorney-general without also being a lawyer.

    “What that means is simple: this group of learned people, you are the only ones that have one arm of government and a critical arm of the executive, so, you have the judiciary as one arm, then you have the ministry of justice which is also peopled by lawyers, whether at the state or at the federal level.

    “The question we ask, with due apologies to Wole Soyinka in The Bar Association: Tiger, where is your tigritude?”

    Explaining the reason for his question, he said: “We find the Bar Association blowing very mute trumpets when the judiciary is under pressure and I can say that in the matter of Onnoghen, what happened? We waited for the Bar Association, (but) nothing happened. We waited for the Attorney-General’s office, nothing happened. And everybody was looking at us (senators).

    “What we were waiting for, the law is very clear: you cannot remove a Chief Justice without coming to the Senate. Yet, it happened, and nothing happened.”

    On allegations that senators get fat salaries, the senator said: “On the Senate pay, I can be very, very specific… Every office has an overhead, the National Assembly office is the only office where people add the overhead to your legitimate pay and say that that is your pay.

    Read Also: NJC confirms Onnoghen’s voluntary retirement 

    “We do not know what the overhead of a minister is. Nobody has ever said that a minister who can travel with 100 aides on the account of the ministry, we don’t say that the ministry’s money is that minister’s money.”

    He challenged the audience to compare the Nigerian senators’ pay to their United States’ counterparts.

    “When you do that, you will find out that we are not earning too much money.”

    Responding to Abaribe’s remarks on Justice Onnoghen’s sack, Ozekhome berated lawyers for not doing enough to protest Justice Onnoghen’s prosecution and conviction.

    According to him, lawyers could have taken to the streets the way lawyers in Pakistan did when former President Pervez Musharaf “unconstitutionally” removed the country’s Chief Justice.

    Ozekhome said: “Is there anything wrong with lawyers – since members of the Bench are defamed and they cannot protest by themselves – (adopting) the kind of role we saw lawyers did on 9th of March, 2007, when they went on the streets in Pakistan and shut down the entire country because President Pervez Musharaf removed unjustly and unconstitutionally Mohammed Musharaf, the late Chief Justice. Can’t we do more than we have done?”

    But Ozekhome got a sharp reply from activist-lawyer Falana, who reminded him that the Pakistani CJ was not unlawfully removed under a cloud of unexplained wealth, just like Onnoghen.

    Falana said: “In Pakistan, the Chief Justice then was not removed for corruption. Can the NBA morally go to the streets to fight for judges who have millions that they cannot account for?”

    The audience erupted in applause.

    When the din subsided, Falana turned on panel chairman Olisa Agbakoba, SAN, and questioned his commitment to human rights causes.

    He said: “You and I, Olisa – I think that was the point Senator Abaribe was making – in the 80s, we were on the streets to fight for democracy and the rule of law and human rights. Senator Abaribe is asking you: what has happened, Olisa Agbakoba?”

    The audience erupted again.

    Agbakoba, who was moderating the session, gave him an instant reply.

    He said: “Femi, I can tell you what has happened. You want to know? I am a grandfather.”

    The session, which was attended by thousands of lawyers, including NBA President Paul Usoro (SAN) and other NBA executive council members, featured Justice Obande Ogbuinya of the Court of Appeal, International Bar Association (IBA) President Horacio Neto; Mr Stephen Craig QC of the Bar of Human Rights Committee of England and Wales among others, as panelists.

  • Army lacks power to probe Taraba killings, says Falana

    ACTIVIST-LAWYER Femi Falana (SAN) on Wednesday said the Army had no authority to set up a panel of enquiry on soldiers’ killing of policemen on outskirt of Taraba State on August 7.

    At a Civil Society media roundtable on inter-agency conflict in Abuja, he said the investigative panel was diversionary and illegal.

    He called for its immediate disbandment.

    Falana said: “As a result of the violent attack, three policemen and a civilian were killed in cold blood while other policemen were seriously injured. After the brutal killing, the soldiers proceeded to free the alleged notorious suspect.

    “In a bid to cover up the unlawful killing of the four people, the authorities of the Nigerian Army claimed that it was a case of mistaken identity.

    Read Also: Falana seeks publication of detainees’ names

    “Notwithstanding the spurious claim, the Chief of Defence Staff-General Abayomi Olonisakin, was reported to have set up a panel of enquiry to unravel what led to the unlawful killing of the four people.

    “The setting up of the panel is diversionary, illegal and ultra vires.

    “Since the slain civilian and policemen were not subject to service law, the military authorities lack the vires to cause an investigation to be conducted into a murder case covered by Section 4 of the Police Act.”

    Falana said although the panel had commenced investigation, it had no legal basis.

    According to him, the Chief of Defence Staff had no power under the Armed Forces Act, the Commission of Enquiry Law of Taraba State or any other law to institute the panel.

     

     

  • Navy’s ‘illegal’ detention: Falana threatens to sue NHRC

    ACTIVIST lawyer Femi Falana (SAN) on Thursday threatened to sue the National Human Rights Commission (NHRC) if it fails to take appropriate actions against the Nigerian Navy (NN) for alleged illegal detention of 67 persons.

    The popular lawyer stated this in a follow-up letter he addressed to the Executive Secretary of NHRC.

    He gave the commission seven days to have the Navy release or prosecute those allegedly being detained in naval, other military facilities, or face a writ of mandamus before a Federal High Court.

    Falana recalled his earlier letter, dated May 19, where he requested for the release of 40 Nigerians allegedly being detained by the Navy without trial.

    Aside the 40, Falana said yesterday that 57 other persons had been held in crowded cells at the Nigerian Naval Ship (NNS) Beecroft in Apapa, Lagos, and 10 others inside a vessel at the Marina Jetty, Lagos, between three and 18 months without a remand order.

    The lawyer gave the names of the 57 NNS Beecroft detainees as: Michael Ovie, Simon Onyisike Mike, Umoren Daniel, James Archibong, Graham Brown, Ifeanyi Osadinizu, Matthew Epiagolo, Taiwo Ayodele, Sunday Ojo, Austin Omonisa, Timothy Ajayi, Adeleke Adewale, Onoja Reuben, Pius Paul, Peter Pulle, Ogunmoyero Oluwaseun, Innocent Sunday, Lejoro Friday, Hamza Yakubu, Segun Yusuf, Adebayo Mayoma, Godswill Umoh, Edu Fidelis, Richard David and Daniel Harrison.

    Others are: Asaiki Okeoghene, Omogoye Bolaji, Victor Uchendu, Oloyede Ademola, Emomotimi Watchman, Ganabel Sixtus, Olajide Enigbewo, Kehinde Labinjo, Godswill Ebbah, Sikiru Adekoya (SK MARINE), Patrick Ogerugba, Emmanuel Oputa, Kingsley Terry, Melvin Jack, Paul Obi, Matthew Pius, Grace Inyang, Okechukwu Iwuoha, Godwin Etiaka, Lukman Salami, Owei Ukuto, Collins Joel, Victor Jeremiah, Emmanuel Eze, Miebaka Iyalla, Firstman Job, Francis Onyema, Austin Abarowei, Nelson Sokaribo, Victor Okechukwu and Olanrewaju Peter.

    The lawyer also identified those allegedly being held in a vessel at Marina as: Oloyede Ademola, Omogoye Bolaji, Umoh Emmanuel, Richard Essien, Edu Fidelis, Umoren Harrison, Simeon Mike, Udom Jerome, Archibong Aniete James and Okeoghene Asaiki Jude.

    According to Falana, the commission has not deemed it fit to sanction the Navy, in exercise of its powers under the National Human Rights Commission (Amendment) Act, 2010, following its failure to respond to his petition on the alleged illegal detention of 40 Nigerians.

    “However, the Nigerian Navy has publicly denied the detention of any person in any of its cells. Despite such official denial, some of the detainees have since been released or transferred to the Economic and Financial Crimes Commission (EFCC), which has filed charges against them at the Federal High Court.

    Read Also: Falana warns against continued detention of El-Zakzaky

    “Meanwhile, the illegal detention of several Nigerians and foreigners by the authorities of the Nigerian Navy has exposed Nigeria to ridicule before the comity of civilised nations.

    “As you are no doubt aware, the Swiss Government has filed a suit against the Federal Government of Nigeria in Zurich over the detention of a vessel and its crew members of four Ukranians by the Nigerian Navy for the past 18 months.

    “It may interest the commission to know that the authorities of the Nigerian Navy have continued to detain Navy Captain Dada Labinjo in an underground cell in the detention facility of the Defence Intelligence Agency (DIA) at Abuja since September 12, 2018, in contravention of the Anti-Torture Act, 2017, which has prohibited the detention of any person in any underground cell in Nigeria.

    “As if that is not enough, the authorities of the Nigerian Navy have refused to comply with the order of the Federal High Court for the release of the detained senior military officer from illegal custody.

    “We have also confirmed, to our utter dismay, that 57 people are being detained in crowded cells at the NNS Beecroft, Apapa, while 10 others are incarcerated inside a vessel at Marina, Lagos.

    “Even though the 67 people have been accused of committing undisclosed criminal offences, they have been detained by the Nigerian Navy for periods ranging from three to 18 months without any remand order issued by a Magistrate Court or any judge in Nigeria.

    “In view of the foregoing, we urge you to use your good offices to visit the aforesaid detention centres with a view to releasing the detainees or directing the authorities of the Nigerian Navy to arraign them in the appropriate courts if there is reasonable suspicion that they have committed any criminal offence whatsoever.

    “TAKE NOTICE that if you fail or refuse to accede to our request within seven days of the receipt of this letter on grounds of interagency solidarity, we shall not hesitate to file a writ of mandamus against the commission at the Federal High Court,” Falana said.

    Contacted, NHRC spokesman Lambert Oparah said he was out of Abuja and should be granted a day to react to the issues.

    He said: “I will need to find out the true situation of things in order to reply you accurately. Falana is a friend of the commission. We have been working together and we respect his views and opinions. There is no way the commission will not take the right action on the matter.”

    Also, the Director of Naval Information, Commodore Suleiman Dahun said he had seen the report and forwarded same to appropriate naval establishments for action.

    He added that the Navy’s findings would be communicated to appropriate quarters.

     

  • #RevolutionNow: 90-day detention must be challenged, says Falana

    Is it constitutional for a judge to order the detention of a citizen for 90 days as provided under the Terrorism Prevention Act? Activist-lawyer Mr Femi Falana SAN said on Thursday that it is time to find out.

    Falana said the detention of the convener of #RevolutionNow protests, Omoyele Sowore, has provided that opportunity.

    A Federal High Court in Abuja on Thursday granted a Department of State Services (DSS) request to further detain Sowore for 45 days pending the conclusion of its investigation.

    The DSS had applied for a 90-day order, but Justice Taiwo Taiwo exercised his discretion and slashed the period by half in the first instance, noting that it could be renewed upon an application.

    In the motion ex-parte brought by the DSS under Section 27(1) of the Terrorism (Prevention Amendment) Act, the agency accused Sowore of engaging in acts of terrorism.

    According to Falana, the country’s human rights credentials was at risk of worsening under a democratically elected government, than “under the worst military dictatorship” if the 90-day order is legitimized.

    Read Also: Falana warns against continued detention of El-Zakzaky

    He said: “I met Mr. Omoyele Sowore in detention yesterday (Wednesday). He is in high spirits. In anticipation of today’s (Thursday’s) ruling, he had instructed us to challenge the refusal of the SSS to charge him with the alleged offences of terrorism or treason within 24 hours of his arrest as stipulated by Section 35 of the Nigerian Constitution. More so, that some of those who participated in the Revolution Now protests in Lagos and Calabar have since been charged with unlawful assembly and breach of the peace!

    “It is, however, pertinent to note that the Terrorism Prevention Act as amended which empowers a judge to order the detention of a citizen for a period of 90 days was not enacted under the Buhari regime. It was enacted by the national assembly in 2011 and amended in 2013. But it has never been invoked to justify the detention of placard carrying protesters in any part of the country!

    “We had convinced the authorities to repeal the obnoxious provision of the Act. Instead of acceding to our request the national assembly enacted the Administration of Criminal Justice Act, 2015 which permits a pre-trial detention period of 14 days subject to renewal.

    “No doubt, the Sowore case provides an opportunity to test the constitutional validity of the 90-day detention period.

    “Even under the worst military dictatorship in Nigeria the maximum detention period was three months subject to renewal by the detaining authorities.  Our situation should not be worse under a democratically elected government.”

     

  • Bayelsa community invasion: Falana demands troops’ withdrawal, prosecution

    Activist lawyer Femi Falana (SAN) has demanded the withdrawal of troops deployed in Azaghene, Ekemor Local Government Area of Bayelsa State, for alleged infractions.

    The Army last week deployed troops in the community in search of a soldier said to have gone missing following an attack which left two of his colleagues dead.

    A statement by Falana, in his capacity as Chairman of the Peoples Alternative Forum (PAF), and the group’s Secretary Eze Naagu, called on the Bayelsa State government to institute a judicial commission of enquiry to investigate the allegations of rape, looting, dislodging of residents, including the traditional ruler, Awame Festus Oru, and burning of properties, against the troops.

    He reminded the Army that it had no powers to take laws into its hand, warning that the issue should not be treated with levity as was the case of Odi, Zaki Biam and Gbaramotu communities of Bayelsa, Benue and Delta States.

    The statement reads: “While we condemn the murder of the two soldiers and kidnap of another by unidentified criminals, we urge the Army to withdraw the armed troops that are illegally occupying the community.

    Read Also: Ozekhome, Falana: Shii’te proscription illegal, immoral

    “Since the Army has no power to take the law into its hands, the search for the missing soldier cannot be a justification for chasing away the people of Azaghene after destroying their houses and other valuable properties.

    “Having regards to the facts and circumstances of the unfortunate murder of the soldiers, and the reprisal by the Army, we hereby call on the Bayelsa State government to institute a judicial commission of inquiry to investigate the civil disturbances and recommend appropriate monetary compensation for victims of the human rights abuses in Azaghene.

    “Unlike the soldiers who destroyed Odi in Bayelsa, Zaki Biam in Benue and Gbaramotu in Delta, who were treated like sacred cows, the troops who invaded Azaghene last week and unleashed mindless attack on unarmed people should be fished out and prosecuted otherwise the barbaric military invasion of communities in Nigeria will continue under the pretext of searching for missing soldiers.”

    Efforts to get the Army were unsuccessful as the spokesman Col. Sagir Musa ignored messages sent to him.

     

  • Falana warns against continued detention of El-Zakzaky

    ACTIVIST lawyer Mr Femi Falana (SAN) has urged the Federal Government to release detained leader of Islamic Movement of Nigeria (IMN), Sheik Ibraheem El-Zakzaky.

    The popular lawyer noted that the continued detention of the Islamic cleric and killing of peaceful Shi’ite protesters by security forces could lead the country into fresh insurgency the nation cannot afford.

    “This nation cannot afford another war of insurgency, which is being provoked by the contemptuous conduct of the Federal Government in the handling of the case of the El-Zakzakys,” Falana said.

    Chronicling the arrest and detention of the Shi’ite leader and his wife, Malama Zainab El-Zakzaky last December 12, the lawyer said over 1,000 Shi’ites were reportedly killed by soldiers on alleged orders of Nigerian Army’s high command and given mass burial in an unmarked grave in Mango village, Kaduna State, over allegations of attempt to assassinate the Chief of Army Staff (COAS), Lt.-Gen. Tukur Yusuf Buratai.

    “Without any autopsy or identification, the slaughtered Shi’ites were given a mass burial in an unmarked grave in Mango village in Kaduna State.

    “Even though Sheik El-Zakzaky was not on the scene of the attack, his home was invaded by the rampaging troops two days later. The troops set the house ablaze, shot at El-Zakzaky, his wife and killed three of their sons in cold blood in their presence.

    “As if such barbaric assault was not enough, the Army arrested and held El-Zakzaky and his wife in custody before handing them over to the State Security Service (DSS). At that stage, the houses of El-Zakzaky and other leaders in Zaria, Kaduna State, were demolished by the state government on the orders of Governor Nasir El-Rufai,” he said.

    Read Also: Soyinka, Falana, others lay wreath on Abiola’s grave

    Falana said the state government constituted a judicial commission of enquiry which established that there was no plan by the Shi’ites to assassinate Gen. Buratai.

    He said the findings of the commission revealed that 347 Shi’ites were massacred by the Army in violation of the Army Rules of Engagement and the Geneva Conventions.

    The lawyer said the commission of enquiry called for the prosecution of those involved in the killings.

    Falana said: “The detained El-Zakzaky was prevented from responding to the allegations against him and his group at the enquiry. But the judicial commission found that there was no plan by the Shi’ites to assassinate General Buratai.

    “It was also revealed at the panel that 347 Shi’ites were massacred by the army in violations of the Army Rules of Engagement and the Geneva Conventions. Apart from condemning the brutal killing of the Shi’ites, the judicial commission recommended that the culprits would be prosecuted.

    “Instead of implementing the recommendations by prosecuting the well-known murderers, the Kaduna State government turned round to charge over 300 Shi’ites with culpable homicide of a soldier who was killed by his colleagues during the attack.

    “But the defence team convinced the Kaduna State High Court to free the Shi’ites as they were not involved in the commission of the offence. Accordingly, the charge was dismissed for want of evidence while the trial court proceeded to discharge and acquit all the defendants.

    “Meanwhile, the suit challenging the illegal detention of El-Zakzaky and his wife was decided in their favour by the Federal High Court on December 2, 2016. The presiding judge, Kolawole J. (as he then was), directed the Federal Government to release the couple from unlawful custody, pay them N50 million reparation and provide them with a temporary house since the Army had burnt down their personal home.

    “But the Buhari regime has characteristically treated the court orders with arrogant contempt. Curiously, the Court of Appeal has refused to hear the application to commit the Director General of the Department State Services (DSS) for contempt of court.

    “Upon our legal advice, the Shi’ites approached three separate High Courts to challenge the violation of their rights to assemble and protest peacefully. The Shi’ites won the cases against the Federal Government as the courts upheld their fundamental rights to freedom of expression, association and assembly.

    “But out of sheer impunity, the Army has killed about 50 Shi’ites at Abuja for protesting against the continued detention of El-Zakzaky and his wife. As the Federal Government could no longer justify the illegal detention of El-Zakzaky and his wife, it directed the Kaduna State government to file a charge against them.”

     

     

  • Falana to fed govt: replace RUGA with ranching

    Lawyer and activist, Femi Falana has advised the federal government to replace the suspended Ruga settlement scheme with ranching.

    Falana said ranching should be funded by state governments and individual stakeholders with the assistance of the federal government.

    He stated this while reacting to the suspension of Ruga settlement scheme by the federal government.

    He recalled: “As far back as 2016 the Buhari administration had opted for ranching.

    Read also: Ohanaeze commends FG for suspending RUGA

    To actualise the ranching policy 11 states had made available 55,000 hectares of land.

    “Ranching has also been adopted by the National Livestock Policy of the Buhari administration. “What is now left is for the immediate implementation of the ranching programme”.

    Falana believed that RUGA was suddenly introduced from the blues by some fifth columnists in the administration.

    He contended: “RUGA should not just be suspended but cancelled completely by the federal government. It should be replaced with ranching funded by state governments and individual stakeholders with the assistance of the federal government.

    “However if the federal government is interested in establishing ranches in the states, it should apply for building approval from the state governments because the supreme court has held that physical planning is not in the exclusive legislative list”, he added.

  • Court can’t compel Nigeria to subscribe to African Court – judge

    Justice John Tsoho of the Federal High Court in Abuja has held that Nigeria cannot be compelled under any law to subscribe to the authority of the African Court on Human and Peoples’ Rights (ACHPR).

    Justice Tsoho said this while rejecting a suit by rights activist, Femi Falana (SAN), in which he among others prayed the court to direct the Federal Government (FG) to accept the competence of the African Court to hear cases presented by Nigerian citizens.

    Falana had argued, in the suit marked: FHC/ABJ/CS/356/2019 that Nigerians were currently unable to file cases before the court, because the country was yet to make the needed declaration, accepting the court’s competence to receive cases from Nigeria.

    But, in a judgment on Tuesday evening, Justice Tsoho held that his court was without the requisite jurisdiction to grant the prayers sought by the plaintiff.

    The judge held that the law, establishing the ACHPR has made provisions for how member states could make the needed declaration, which did not include that a state could be compelled.

    Details shortly….