Foremost human rights activist, Femi Falana, SAN, has disclosed why the Central Bank of Nigeria, CBN, must comply with the Supreme Court order regarding the currency swap crisis.
Falana, in a statement on Thursday, said the apex bank should not fall for the reports and opinions indicating that it could ignore the Supreme Court’s judgement restraining it from enforcing the ban on the old Naira notes.
In his statement titled, “Why CBN Must Obey Ex Parte Order Of Supreme Court”, he highlighted many cases supporting the court’s decision.
He asked CBN and its management to allow the judgement to run its entire course in the interim, pending an order of dismissal filed by the Federal Government.
Falana warned doing otherwise would spell doom and chaos for the country.
“In the interim, the Federal Government of Nigeria and its agencies, including the Central Bank of Nigeria, are bound by the valid and subsisting ex parte order of the Supreme Court of Nigeria until it is set aside by the same court. The alternative is to compound the ongoing anarchy and chaos in the land,” he said
The Alliance on Surviving Covid-19 and Beyond (ASCAB) has condemned the ongoing scarcity of petrol and new naira notes across the country.
The group, in a statement signed by its interim Chairman, Femi Falana, on Monday, said the currency and fuel crises constitute a great challenge to economic survival of ordinary Nigerians.
The statement read: “The Federal Government has unleashed untold hardship on the masses of Nigeria by the unprecedented scarcity of the Naira, fuel scarcity and skyrocketing rise in fuel prices. Fuel and currency scarcity is inexplicable and unacceptable.The Federal Government has shirked its obligation to guarantee the security and welfare of the Nigerian people as provided under Section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
“Sporadic peaceful protests have erupted throughout the country expressing the deep displeasure of the masses.There is an urgent need for leading human and pro-democracy organisations to provide leadership in canalizing the energies and anger of the masses in order to give the protests direction and prevent anarchy, state terrorism and continued arbitrary repression of the masses.
“Since it is now clear that enough Naira notes have not been printed the Central Bank should allow the old and new Naira notes to be legal tender in Nigeria. This suggestion is in line with Section 22 of the Central Bank Act which permits the replacement of old currency notes with new ones after the deadline fixed by the CBN.
“Meanwhile, officials of the CBN and other banks involved in hoarding or selling the new currency notes should be prosecuted to serve as a deterent to other economic saboteurs.
“The soldiers who unleashed violence on the students of the University of Benin as well as trigger happy troops who murdered a young man and injured several others at Ibadan, Oyo State should be arrested and prosecuted without any delay.
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“The currency and fuel crises constitute unprecedented challenge to economic survival of ordinary people that may threaten the 2023 elections which provide an opportunity for the people to choose a party considered to be representative of their aspirations.
“Unless the twin crises of fuel and currency scarcity are immediately resolved within the timeline given by the President, ASCAB has resolved to call on the Nigerian people to commence series of peaceful mass actions in their communities to resist the unjustifiable economic hardship which may compel postponement of the forthcoming elections as INEC has hinted.
“If the Federal Government fails to resolve the twin crises of fuel and currency scarcity before February 10, 2023 the country will witness nationwide peaceful mass actions by the Nigerian people.”
Femi Falana, a Senior Advocate of Nigeria, has urged voters in Osun State to sue the Independent National Electoral Commission (INEC) for wasting their votes.
He stated this on Sunday during an interview on Arise TV.
Recall with 𝕹𝖔𝖇𝖑𝖊 𝕽𝖊𝖕𝖔𝖗𝖙𝖊𝖗𝖘 𝕸𝖊𝖉𝖎𝖆 that the Osun State Governorship Election Tribunal sacked Governor Ademola Adeleke for overvoting at over 700 polling units in the Governorship election.
The tribunal asked INEC to give Certificate of Returns to former Governor Gboyega Oyetola.
“What the voters in those areas have to do is to sue INEC for damages that you have wasted my votes,” Mr Falana said.
Mr Falana also said it will be a daunting task by Adeleke’s lawyers to overturn the verdict of the tribunal.
“Looking at the judgement, I believe very strongly that it is going to be a daunting task to impeach the judgement. INEC has to be held completely responsible for what happened.
“INEC will have to go back to the drawing table so that we will not have this experience. INEC will have to put its house in order, If we have this in a presidential election, where you issue one or two reports, it will have a crisis of monumental proportion,” he said
Legal luminary, Femi Falana says a presidential candidate does not need to win the Federal Capital Territory (FCT) to be declared winner of the February 25, 2023 poll.
“It is not a requirement that you must win the FCT,” the Senior Advocate of Nigeria said on Channels Television’s Sunrise Daily programme on Tuesday.
“Today, the courts have ruled that pursuant to Section 299 of the constitution, that the FCT should be treated as a state. That is the law.
“You don’t have to win the FCT; if you meet the requirement; that is two-thirds of the majority of states in the country. You don’t have to win the FCT,” the rights activist stressed.
A former chairman of the Nigerian Bar Association (NBA), Olisa Agbakoba had last week asked the Independent National Electoral Commission (INEC) to clarify the commission’s position on Section 134 of the 1999 Constitution which seems ambiguous.
Section 134 of the constitution states that a candidate will be declared winner of a presidential election if he has “(a) he has the majority of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
Agbakoba queried whether the 24 states incorporate the FCT or not but the electoral umpire has not made any comment on the matter.
However, Falana said Section 299 of the Constitution already recognised the FCT as a state and therefore a presidential candidate does not necessarily need to win the seat of Nigeria’s political power to be declared winner of an election.
He stressed that once a candidate gets 25% of votes in 24 states and has a majority of the total votes, he or she should be declared winner by the electoral body.
“The concern that has arisen is that looking at the campaigns going on, people are wondering whether any candidate will win those stringent constitutional requirements: 25% and at least two-third of the state and of course majority of lawful votes all over the country,” Falana said.
Top contenders in the race for Aso Rock’s top job in next month’s poll include Labour Party’s Peter Obi, Bola Tinubu of the All Progressives Congress, Atiku Abubakar of the Peoples Democratic Party, and Rabiu Kwankwaso of the New Nigeria People’s Party (NNPP)
Ahead of the 2023 general elections, the presidential candidates of major political parties are yet to give Nigerian voters viable solutions to extrajudicial killings.
This is according to a human rights lawyer, Femi Falana (SAN), who condemned the recent murder of a Lagos-based lawyer, Mrs Bolanle Raheem in Ajah. (Watch Video Here)
Raheem met her untimely demise after a trigger-happy cop, Drambi Vandi, shot her dead on Christmas Day. Her killing has sparked outrage from many Nigerians with President Muhammadu Buhari, Lagos State Governor, Babajide Sanwo-Olu and the Inspector General of Police, Usman Baba Alkali calling for a proper probe and assuring that justice will be served in the matter.
Four days after Raheem’s gruesome murder, Falana in a statement said even though the presidential candidates have condemned the incident, they are yet to inform the masses how they will decisively tackle killings by security operatives should they be voted into office.
“President Muhammadu Buhari has expressed shock and complete disapproval of the horrendous killing, even though it is a common phenomenon under his administration,” Falana stated. (Watch Video Here)
“In the same vein, the presidential candidates of the leading political parties have berated the Nigeria Police Force over the killing.
“It is however curious to note that these political leaders have not informed Nigerian voters how they intend to end the extrajudicial killing of unarmed citizens by the police and other security agencies in the county if they win the 2023 presidential election.”
See the full statement issued by Falana below:
HOW LAWYERS CAN MOBILISE NIGERIANS TO END POLICE BRUTALITY
By
Femi Falana SAN
The Nigerian Bar Association has condemned the brutal killing of one of its members, Mrs Bolanle Raheem, in Lagos on December 24, 2022, by a trigger-happy policeman. The suspect has been arrested and detained pending his arraignment for murder in the Lagos State High Court. The Inspector-General of Police, Mr Usman Alkali Baba and Governor of Lagos State, Mr. Babajide Sanwo-Olu, have decried the killing and assured the Nigerian people that justice would be served speedily. To demonstrate the abhorrence of the Government, the Attorney-General of Lagos State, Mr Moyosore Onigbanjo SAN will lead to lead the prosecution team.
President Muhammadu Buhari has expressed shock and complete disapproval of the horrendous killing, even though it is a common phenomenon under his administration. In the same vein, the presidential candidates of the leading political parties have berated the Nigeria Police Force over the killing. It is however curious to note that these political leaders have not informed Nigerian voters how they intend to end the extrajudicial killing of unarmed citizens by the police and other security agencies in the county if they win the 2023 presidential election.(Watch Video Here)
The cruel killing of Mrs Bolanle Raheem provides an opportunity for the Nigerian people led by lawyers to address the root cause of the extrajudicial killing of unarmed citizens by law enforcement officers. On July 15, 1981, Dele Udo, a United States-based athlete and a potential world beater in the 400 metres was shot dead by a trigger-happy policeman at Ojuelegba in Lagos State. That was the beginning of the reckless shooting of unarmed citizens by armed policemen and armed soldiers on the roads.
Since then, hundreds of young people and other citizens have been killed in illegal checkpoints manned by drunk police and military personnel. The huge amount of money extorted from motorists via the checkpoints is allegedly shared by police and military officers. Hence, the cancellation of checkpoints by successive Inspectors- General of Police has never been faithfully enforced.
It is pertinent to note that despite the demand of the human rights community for fundamental reform of the curriculum of the police academy the training of police cadets has remained as brutish as it was under the British colonial regime. Upon their graduation, the recruits usually unleash violence on a society that had dehumanised them in the police academy. Having been brutalised themselves, they derive pleasure in subjecting suspects to physical, mental and psychological torture. During the interrogation of a suspect, it is not uncommon for a policeman to threaten that “I will kill you and nothing will happen.”
No doubt, the Nigeria Police Force is a neo-colonial institution in every material particular. It is deliberately called a police force and not a police department or police service. The logo of the force pictures an eagle standing on two crossed staves above an elephant. Like an elephant the colonial police force was set up to mow them down the natives, suppress and extort taxes from them to service British imperialism.
In 1960, the nationalist politicians who inherited political power from the British colonial regime decided to retain the police force and use it to oppress the people. Hence, the killing of unarmed citizens by police and military personnel is not punished by the violent neocolonial State. Even monetary damages awarded by courts for unlawful killing of citizens and other forms of human rights abuse by police officers are never paid.
Indeed, the payment of monetary damages awarded by courts is frustrated by Attorneys-General who refuse to grant leave to garnish the accounts of the Federal and State Governments. As if that is not bad enough, some Attorneys-General file nolle prosequi applications to terminate criminal cases involving highly connected murder suspects. The legal departments of the police is ever prepared to defend the unlawful killing of citizens by trigger-happy police personnel. Thus, the police personnel indicted for extrajudicial killings are promoted until they retire while a few of them had risen to the highest echelon in the force.
Whenever there are protests against the unlawful killing of citizens by police personnel the Government moves to douse tension by setting up judicial or administrative commissions of inquiry to probe the remote and immediate causes of the civil disturbance. But the recommendations of such panels are usually ignored by the Governments. For instance, after the endsars protests in October 2020, the Federal Government and 28 out of the 36 state governments instituted judicial commissions of inquiry to probe various allegations of police brutality.
After two years, the reports of the judicial panels have not been published by the majority of the state governments. The few that issued white papers have not fully implemented the recommendations of the judicial panels. Apart from payment of some monetary damages, the police officers indicted by the panels have not been prosecuted. Consequently, the brutalisation of the Nigerian people by the police and other security agencies has continued unabated.
Even though the notorious Special Anti Robbery Squad (SARS) was disbanded in line with the demand of the #EndSARS protesters. In replacing the SARS with SWAT, the authorities promised that the operatives would undergo a retraining programme. As the retraining did not occur the SWAT officers have continued to terrorise and intimidate the people unabashedly, like the SARS. The implication of such official impunity is that the very many police officers indicted for extrajudicial killing of suspects and other citizens have been allowed to remain in the police force to continue to perpetrate their nefarious activities.
Not too long ago, thousands of professional armed robbers and armed political thugs bribed and were recruited to the Nigeria Police Force. When a former President became aware of the scandalous recruitment, he ordered that the uniformed armed robbers be identified and flushed out of the Police. It is regrettable to note that the police authorities did try to do so but did not succeed in weeding out all the criminal elements from the police force.
On a regular basis, kidnap, murder and terror suspects are paraded by police commissioners. But majority of the suspects are extrajudicially executed after the parade. The police claim that those who were charged with grave offences before the High Courts in the past and who were freed on technical grounds turned round to attack and kill the police officers who had arrested them. So, instead of prosecuting armed robbery and other dangerous criminal suspects they are extrajudicially killed by untrained executioners in the force.
The suspects are usually shot in the back to give the impression that they were trying to escape from police custody. Thus, it is difficult to sue the police service commission for the illegal killing of suspects that have been “wasted” by the police. After the execution, no post-mortem is conducted while the bodies of the deceased are buried by the police at night. The money and other assets seized from the suspects are never returned to the family members or friends of the deceased but shared among police officers.
Without any rehabilitation for the untrained executioners, they are unleashed on the society with their guns. The uniformed murderers then turn round to use their weapons to kill members of the public including their own relations. Thus, the brutal killing of poor citizens by police and other security operatives has become a routine occurrence. But we only complain whenever the unlicensed police executioners kill lawyers, doctors, journalists and other victims whose killings trigger protests!
In exasperation, Mr. Boms Worgu, a former Attorney-General of Rivers State, has said that, “The Banabas Igwes of the NBA assassinated pair we remembered the other day. That was long ago. Recently, less than two years, there was Henry Ndionyenma Nwankwo, matcheted by still to be apprehended men, right there in his chambers. In PHC recently, two colleagues were similarly dispatched. And many more. In all, nothing happened after they were mowed down except wailing and condemnations. Soon, sadly though, this addition will blow over, calm will return only for the calm to be disrupted by another killing! That is how we are.”
Nigerian lawyers must ensure that Mrs Bolanle Raheem does not die in vain like others who were dispatched to their untimely graves before her. Indeed, the best tribute that the NBA can pay to the deceased is to use her cold-blooded murder to mobilise the Nigerian people to end police brutality in Nigeria. To start with, police checkpoints must be removed from Nigerian roads. The roads should be patrolled by combined teams of officers from the police and road safety commission.
The use of arms by policemen on duty should be strictly regulated according to the service rules. No lethal options such as batons, tear gas, water etc should be employed in dispersing crowds.
In Femi Falana v Chief of Army Staff & Ors (Suit No. FHC/L/CS/1939/19), the presiding Judge, the Honourable Railwan Aikawa, estrdeclared that the involvement of armed soldiers in the maintenance of internal security is illegal and unconstitutional. On the basis of the judgment, all checkpoints manned by soldiers should be dismantled by the Chief of Army Staff without any further delay.
In the recent case of the State Security Service v Godwin Emefiele (Suit No.FHC/ABJ/CS/2255/2022), the Federal High Court assigned and determined the case within two days because it pertained to the personal liberty of the Governor of the Central Bank of Nigeria. The NBA leadership should prevail on the Chief Judge of the Federal High Court and heads of other courts to ensure that all fundamental right cases are promptly assigned and expeditiously determined regardless of the class status of the applicants.
The Anti -Torture Act of 2017 prescribes that any police officer or law enforcement officer who subjects a citizen to torture is liable to be tried and if convicted to imprisonment for 25 years. If any person dies as a result of torture the police officer indicted is liable to be tried for murder. The NBA should direct its human rights committees to take up all cases of torture meted out to citizens by public and private individuals in society.
The NBA should prevail the Federal Government and State Governments to publish the reports and implement the recommendations of the judicial panels. Otherwise, the NBA should adopt legal measures to compel the Governments to implement the recommendations. Furthermore, the NBA should mount pressure on state governments to enact laws for the establishment of human rights bodies for the purpose of protecting the human rights of citizens. This was the principal resolution adopted by the National Economic Council after the #EndSARS protests.
As a matter of urgency, the NBA should ensure that a legal practitioner is assigned to every police station to monitor human rights compliance in accordance with section 66 (3) of the Police Establishment Act 2020. The human rights committees of the 128 branches of the NBA should liaise with the National Human Rights Commission and the Legal Aid Council to ensure the observance of human rights in the country.
The NBA should collaborate with State Attorneys-General towards the successful prosecution of police and military personnel who engage in the extrajudicial killing of criminal suspects and other citizens. At the same time, the unlawful killing of police officers by military officers and criminal gangs should always be challenged by Nigerian lawyers.
The NBA should liaise with the police and military authorities to ensure that human rights course is made a compulsory subject in all police colleges and military academic institutions. This is the best way to ensure that members of the police and armed forces recognise their constitutional responsibilities to protect the life and property of every citizen.
Finally, it is submitted that unless the above suggestions are implemented by the relevant stakeholders in alliance with the Nigerian people the callous killing of Mrs Bolanle Raheem will only be an addition to the long list of Nigerians that have been killed so recklessly by security forces. And it will be enormously tragic for society.
A Senior Advocate of Nigeria, Mr Femi Falana, has tasked Nigerian lawyers to ensure that the death of the Lagos-based legal practitioner, Mrs Bolanle Raheem is not in vain.
Raheem was shot dead on Christmas Day in the Ajah area of the state. Her killing has sparked outrage from many Nigerians. (Watch Video Here)
The situation has forced the Police Service Commission to suspend an Assistant Superintendent of Police, Drambi Vandi, the trigger-happy cop said to have been the brain behind the killing.
In a statement, Falana condemned the murder and asked the Nigerian Bar Association to mobilise the masses in ending police brutality in Nigeria. (Watch Video Here)
“Nigerian lawyers must ensure that Mrs Bolanle Raheem does not die in vain like others who were dispatched to their untimely graves before her,” he stated.
“Indeed, the best tribute that the NBA can pay to the deceased is to use her cold-blooded murder to mobilise the Nigerian people to end police brutality in Nigeria.
“To start with, police checkpoints must be removed from Nigerian roads. The roads should be patrolled by combined teams of officers from the police and road safety commission.” (Watch Video Here)
He also called on the Nigeria Police to strictly regulate the use of arms by policemen on duty according to the service rules.
According to the human rights lawyer, non-lethal options such as batons, tear gas, water etc should be employed in dispersing crowds.
See the full statement below:
HOW LAWYERS CAN MOBILISE NIGERIANS TO END POLICE BRUTALITY
By
Femi Falana SAN
The Nigerian Bar Association has condemned the brutal killing of one of its members, Mrs Bolanle Raheem, in Lagos on December 24, 2022, by a trigger-happy policeman. The suspect has been arrested and detained pending his arraignment for murder in the Lagos State High Court. The Inspector-General of Police, Mr Usman Alkali Baba and Governor of Lagos State, Mr. Babajide Sanwo-Olu, have decried the killing and assured the Nigerian people that justice would be served speedily. To demonstrate the abhorrence of the Government, the Attorney-General of Lagos State, Mr Moyosore Onigbanjo SAN will lead to lead the prosecution team. (Watch Video Here)
President Muhammadu Buhari has expressed shock and complete disapproval of the horrendous killing, even though it is a common phenomenon under his administration. In the same vein, the presidential candidates of the leading political parties have berated the Nigeria Police Force over the killing. It is however curious to note that these political leaders have not informed Nigerian voters how they intend to end the extrajudicial killing of unarmed citizens by the police and other security agencies in the county if they win the 2023 presidential election.
The cruel killing of Mrs Bolanle Raheem provides an opportunity for the Nigerian people led by lawyers to address the root (Watch Video Here) cause of the extrajudicial killing of unarmed citizens by law enforcement officers. On July 15, 1981, Dele Udo, a United States-based athlete and a potential world beater in the 400 metres was shot dead by a trigger-happy policeman at Ojuelegba in Lagos State. That was the beginning of the reckless shooting of unarmed citizens by armed policemen and armed soldiers on the roads.
Since then, hundreds of young people and other citizens have been killed in illegal checkpoints manned by drunk police and military personnel. The huge amount of money extorted from motorists via the checkpoints is allegedly shared by police and military officers. Hence, the cancellation of checkpoints by successive Inspectors- General of Police has never been faithfully enforced. (Watch Video Here)
It is pertinent to note that despite the demand of the human rights community for fundamental reform of the curriculum of the police academy the training of police cadets has remained as brutish as it was under the British colonial regime. Upon their graduation, the recruits usually unleash violence on a society that had dehumanised them in the police academy. Having been brutalised themselves, they derive pleasure in subjecting suspects to physical, mental and psychological torture. During the interrogation of a suspect, it is not uncommon for a policeman to threaten that “I will kill you and nothing will happen.”
No doubt, the Nigeria Police Force is a neo-colonial institution in every material particular. It is deliberately called a police force and not a police department or police service. The logo of the force pictures an eagle standing on two crossed staves above an elephant. Like an elephant the colonial police force was set up to mow them down the natives, suppress and extort taxes from them to service British imperialism. (Watch Video Here)
In 1960, the nationalist politicians who inherited political power from the British colonial regime decided to retain the police force and use it to oppress the people. Hence, the killing of unarmed citizens by police and military personnel is not punished by the violent neocolonial State. Even monetary damages awarded by courts for unlawful killing of citizens and other forms of human rights abuse by police officers are never paid.
Indeed, the payment of monetary damages awarded by courts is frustrated by Attorneys-General who refuse to grant leave to garnish the accounts of the Federal and State Governments. As if that is not bad enough, some Attorneys-General file nolle prosequi applications to terminate criminal cases involving highly connected murder suspects. (Watch Video Here)(Watch Video Here) The legal departments of the police is ever prepared to defend the unlawful killing of citizens by trigger-happy police personnel. Thus, the police personnel indicted for extrajudicial killings are promoted until they retire while a few of them had risen to the highest echelon in the force.
Whenever there are protests against the unlawful killing of citizens by police personnel the Government moves to douse tension by setting up judicial or administrative commissions of inquiry to probe the remote and immediate causes of the civil disturbance. But the recommendations of such panels are usually ignored by the Governments. For instance, after the endsars protests in October 2020, the Federal Government and 28 out of the 36 state governments instituted judicial commissions of inquiry to probe various allegations of police brutality.
After two years, the reports of the judicial panels have not been published by the majority of the state governments. The few that issued white papers have not fully implemented the recommendations of the judicial panels. Apart from payment of some monetary damages, the police officers indicted by the panels have not been prosecuted. Consequently, the brutalisation of the Nigerian people by the police and other security agencies has continued unabated.
Even though the notorious Special Anti Robbery Squad (SARS) was disbanded in line with the demand of the #EndSARS protesters. In replacing the SARS with SWAT, the authorities promised that the operatives would undergo a retraining programme. As the retraining did not occur the SWAT officers have continued to terrorise and intimidate the people unabashedly, like the SARS. The implication of such official impunity is that the very many police officers indicted for extrajudicial killing of suspects and other citizens have been allowed to remain in the police force to continue to perpetrate their nefarious activities.
Not too long ago, thousands of professional armed robbers and armed political thugs bribed and were recruited to the Nigeria Police Force. When a former President became aware of the scandalous recruitment, he ordered that the uniformed armed robbers be identified and flushed out of the Police. It is regrettable to note that the police authorities did try to do so but did not succeed in weeding out all the criminal elements from the police force.
On a regular basis, kidnap, murder and terror suspects are paraded by police commissioners. But majority of the suspects are extrajudicially executed after the parade. The police claim that those who were charged with grave offences before the High Courts in the past and who were freed on technical grounds turned round to attack and kill the police officers who had arrested them. So, instead of prosecuting armed robbery and other dangerous criminal suspects they are extrajudicially killed by untrained executioners in the force.
The suspects are usually shot in the back to give the impression that they were trying to escape from police custody. Thus, it is difficult to sue the police service commission for the illegal killing of suspects that have been “wasted” by the police. After the execution, no post-mortem is conducted while the bodies of the deceased are buried by the police at night. The money and other assets seized from the suspects are never returned to the family members or friends of the deceased but shared among police officers.
Without any rehabilitation for the untrained executioners, they are unleashed on the society with their guns. The uniformed murderers then turn round to use their weapons to kill members of the public including their own relations. Thus, the brutal killing of poor citizens by police and other security operatives has become a routine occurrence. But we only complain whenever the unlicensed police executioners kill lawyers, doctors, journalists and other victims whose killings trigger protests!
In exasperation, Mr. Boms Worgu, a former Attorney-General of Rivers State, has said that, “The Banabas Igwes of the NBA assassinated pair we remembered the other day. That was long ago. Recently, less than two years, there was Henry Ndionyenma Nwankwo, matcheted by still to be apprehended men, right there in his chambers. In PHC recently, two colleagues were similarly dispatched. And many more. In all, nothing happened after they were mowed down except wailing and condemnations. Soon, sadly though, this addition will blow over, calm will return only for the calm to be disrupted by another killing! That is how we are.”
Nigerian lawyers must ensure that Mrs Bolanle Raheem does not die in vain like others who were dispatched to their untimely graves before her. Indeed, the best tribute that the NBA can pay to the deceased is to use her cold-blooded murder to mobilise the Nigerian people to end police brutality in Nigeria. To start with, police checkpoints must be removed from Nigerian roads. The roads should be patrolled by combined teams of officers from the police and road safety commission.
The use of arms by policemen on duty should be strictly regulated according to the service rules. No lethal options such as batons, tear gas, water etc should be employed in dispersing crowds.
In Femi Falana v Chief of Army Staff & Ors (Suit No. FHC/L/CS/1939/19), the presiding Judge, the Honourable Railwan Aikawa, estrdeclared that the involvement of armed soldiers in the maintenance of internal security is illegal and unconstitutional. On the basis of the judgment, all checkpoints manned by soldiers should be dismantled by the Chief of Army Staff without any further delay.
In the recent case of the State Security Service v Godwin Emefiele (Suit No.FHC/ABJ/CS/2255/2022), the Federal High Court assigned and determined the case within two days because it pertained to the personal liberty of the Governor of the Central Bank of Nigeria. The NBA leadership should prevail on the Chief Judge of the Federal High Court and heads of other courts to ensure that all fundamental right cases are promptly assigned and expeditiously determined regardless of the class status of the applicants.
The Anti -Torture Act of 2017 prescribes that any police officer or law enforcement officer who subjects a citizen to torture is liable to be tried and if convicted to imprisonment for 25 years. If any person dies as a result of torture the police officer indicted is liable to be tried for murder. The NBA should direct its human rights committees to take up all cases of torture meted out to citizens by public and private individuals in society.
The NBA should prevail the Federal Government and State Governments to publish the reports and implement the recommendations of the judicial panels. Otherwise, the NBA should adopt legal measures to compel the Governments to implement the recommendations. Furthermore, the NBA should mount pressure on state governments to enact laws for the establishment of human rights bodies for the purpose of protecting the human rights of citizens. This was the principal resolution adopted by the National Economic Council after the #EndSARS protests.
As a matter of urgency, the NBA should ensure that a legal practitioner is assigned to every police station to monitor human rights compliance in accordance with section 66 (3) of the Police Establishment Act 2020. The human rights committees of the 128 branches of the NBA should liaise with the National Human Rights Commission and the Legal Aid Council to ensure the observance of human rights in the country.
The NBA should collaborate with State Attorneys-General towards the successful prosecution of police and military personnel who engage in the extrajudicial killing of criminal suspects and other citizens. At the same time, the unlawful killing of police officers by military officers and criminal gangs should always be challenged by Nigerian lawyers.
The NBA should liaise with the police and military authorities to ensure that human rights course is made a compulsory subject in all police colleges and military academic institutions. This is the best way to ensure that members of the police and armed forces recognise their constitutional responsibilities to protect the life and property of every citizen.
Finally, it is submitted that unless the above suggestions are implemented by the relevant stakeholders in alliance with the Nigerian people the callous killing of Mrs Bolanle Raheem will only be an addition to the long list of Nigerians that have been killed so recklessly by security forces. And it will be enormously tragic for society.
Human rights lawyer Femi Falana has called on security agencies to apprehend those he claimed are “anti-democratic forces” bent on truncating the 2023 elections.
Falana raised the alarm on Monday and based his argument on the series of attacks on the facilities of the Independent National Electoral Commission (INEC), bandits’ mayhem, and the activities of some political actors in the country among others. (Watch Video Here)
“In spite of the fact that the facilities are said to be well guarded, the criminal elements involved in the nefarious activities generally operate without any challenge from security forces. If the dangerous trend continues on a larger scale, INEC will not be in a position to conduct elections in the affected areas. It is, therefore, curious to note that the few suspected arsonists have not been charged before any court,” he said in a statement sent to Channels Television.
“The state of insecurity in Nigeria has also constituted a serious threat to the conduct of credible elections. It has been confirmed that elections cannot take place in the over 40 local government areas in different parts of the country which are firmly under the control of various armed gangs, including bandits, (Watch Video Here) terrorists, and known and unknown gunmen. The territories seized by the criminal gangs are in Borno, Kaduna Katsina, Niger, Sokoto, Zamfara, Abia, and Imo States.”
“Unless the security forces are prepared to deal with the anti-democratic forces that are currently disrupting the democratic process, the 2023 general elections may be sabotaged to the detriment of democracy and political stability in the country,” the lawyer added. (Watch Video Here)
In the last 4 years, the Independent National Electoral Commission has so far recorded 50 attacks on its facilities across 15 states. According to reliable data, Imo State had the highest number of attacks on INEC facilities with 11 incidents followed by Osun, Akwa-Ibom, Enugu, Ebonyi, Cross River, Abia, Anambra, Taraba, Borno, Ogun, Lagos, Bayelsa, Ondo and Kaduna States.
In spite of the fact that the facilities are said to be well guarded the criminal elements involved in the nefarious activities generally operate without any challenge from security forces. If the dangerous trend continues on a larger scale INEC will not be a position to conduct elections in the affected areas. It is therefore curious to note that the few suspected arsonists have not been charged before any court.
The state of insecurity in Nigeria has also constituted a serious threat to the conduct of credible elections. It has been confirmed that elections cannot take place in the over 40 local government areas in different parts of the country which are firmly in the control of various armed gangs, including bandits, terrorists, known and unknown gunmen. The territories seized by the criminal gangs are in Borno, Kaduna Katsina, Niger, Sokoto, Zamfara, Abia and Imo States.
As the security of electoral officials and election materials cannot be guaranteed in the seized territories the authorities of the armed forces should ensure that an enabling environment exists for the conduct of elections in all the states of the Federation. Otherwise, the elections may be postponed indefinitely in territories controlled by the armed gangs with serious implications for the 2023 General Elections
Last week, the INEC raised the alarm that some politicians have been buying up Permanent Voter Cards, PVCs, and financially inducing unsuspecting voters to harvest their Voter Identification Numbers (VIN) ahead of the 2023 general elections. Apart from the two suspects who were recently convicted for illegal possession of PVCs in Sokoto and Kano states the sponsors of the criminal enterprise have not been exposed by security forces.
While condemning the illegal purchase of PVCs the Director Publicity and Advocacy of NEF, Dr Hakeem Baba-Ahmed has disclosed that “thousands, or possibly even millions of northern voters, particularly women, are being made to surrender their PVCs for a pittance, in most instances not more than N2000. In some instances, they are told their cards will be returned to them after they are processed for additional payments as poverty relief. No cards are returned. Our investigations suggest that this is an aggressive and blatant voter suppression attempt to reduce the voting power of the North.”
On June 8, 2022 the Inspector-General of Police, Usman Alkali Baba, has approved the establishment of electoral offences desks at the Force Criminal Investigations Department, FCID, Force Headquarters, Abuja, with the Commissioner of Police, FCID, as the desk officer. The IGP also approved establishment of the desks at state commands across the country, with Assistant Commissioners of Police in charge of the Criminal Investigation Departments as state desk officers.
A statement by the Force Public Relations Officer, CSP Muyiwa Adejobi, said: “The mandate of the Electoral Offences Desk Officers includes the collation and investigation of all electoral offences/complaints from members of the public or any quarters, with a view to determining culpability in line with the amended Electoral Act 2022, and proffering charges before Courts of competent jurisdiction for necessary legal action.”
On November 18, 2022, the inspector-general of police (IGP), alleged that some governors were using armed thugs and state security outfits to disrupt campaigns and other political activities. Mr. Baba accused such governors show “traits of political intolerance” which create political tension in the country. On December 4, 2022 the Director General of the State Security Service, Mr. Bichi warned political leaders to do away with usage of thugs when carrying out their activities and urged the youth not to make themselves willing tools for politicians.
On December 11, 2022 the National Security Adviser, NSA, Major General Babagana Monguno (retd) warned state governors using thugs to prevent opposition parties from mounting campaign materials in their domains that security agencies would soon descend on them. Monguno said he was aware that in the last month, at least 52 cases of electoral violence across 22 states including politically motivated assassination of candidates had been reported.
The heads of the nation’s security agencies have been warning governors and other top officials of the political parties to desist from disrupting the democratic process. At the same time, they have been threatening to deal with armed thugs. Instead of issuing empty threats the security forces should proceed to arrest and prosecute the suspects electoral offenders.
Contrary to the general belief among security forces, executive immunity does not cover electoral offences. In Turaki v Dalhatu 2003) 38 WRN 54 at 188, the Court of Appeal held that “If a governor were to be considered immune from court proceedings, that would create the position where a sitting Governor would be able to flout election laws and regulations to the detriment of other persons contesting with him. This would make a nonsense of the election process and be against the spirit of our national Constitution which in its tenor provides for a free and fair election.”
A fortnight ago, the Central Bank of Nigeria (CBN) announced its plan to limit weekly cash withdrawals over the counter to N100,000 for individuals and N500,000 for organisations regardless of their size while withdrawal at POS terminals has also been limited to N20,000 per day. Since the policy was announced, politicians have engaged in mopping up dollars to induce voters during the forthcoming elections. But the CBN has deliberately refused to ban the reckless inducement voters with dollars.
Meanwhile, no step has been taken by the Federal Government to amend section 2 (1) of the Money Laundering Act, 2022 which provides that “No person or body corporate shall, except in a transaction through a financial institution, make or accept cash payment of a sum exceeding (a)5,000,000 or its equivalent, in the case of an individual ; or (b) N10,000,000 or its equivalent, in the case of a body corporate.”
During the last governorship elections in Ekiti and Osun States it was widely reported that scores of vote buyers were arrested by operatives of the EFCC and ICPC. The suspects have not been charged before any court. Similarly, the hundreds of armed thugs arrested during the last primary elections of some of the registered political parties have been let off the hook.
A fortnight ago, suspected political thugs attacked the home of Senator Lee Maeba,the Chairman of the Peoples Democratic Party (PDP) Presidential Campaign Council, in Port Harcourt, Rivers State. Without conducting any investigation whatsoever the Rivers State Commissioner of Police, Mr. Okon Effiong said that the attack by the suspected thugs was stage-managed.
However, in view of the reluctance of the ruling parties to allow the police to arrest and prosecute armed thugs and other criminal elements who disrupt elections the Uwais Electoral Reform Panel had recommended the establishment of Electoral Offences Commission. In July 2021, the Senate eventually passed the Electoral Offences Commission Bill. But the Houses of Representatives has deliberately refused to pass the Bill. Therefore, Nigerians should mount pressure on the members of the House of Representatives to pass the Bill and forward same to President Buhari for his assent.
Unless the security forces are prepared to deal with the anti democratic forces that are currently disrupting the democratic process the 2023 General elections may be sabotaged to the detriment of democracy and political stability in the country.
Femi Falana SAN, The Chair, Alliance on Surviving Covid 19 and Beyond (ASCAB) December 19, 2022
Human rights lawyer, Femi Falana, SAN, and Point of Sale (POS) terminal operators in Lagos have threatened to sue the Central Bank of Nigeria, CBN, if it fails to halt the new cash withdrawal policy limiting cash withdrawals.
DAILY POST earlier reported that the CBN had, in a letter, directed banks to restrict withdrawals to N20,000 per day from ATMs. Withdrawals from PoS terminals were also limited to N20,000 daily, among other cash withdrawal restrictions.
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The policy, expected to kickstart on January 9, 2023, had generated criticism, but the CBN clarified last Wednesday that PoS operators could apply for waivers.
However, Falana, on Monday, described the new cash withdrawal limit policy initiated by the CBN as unconstitutional. As a result, he vowed to seek legal redress.
“It is embarrassing that the Central Bank of Nigeria has been making announcements without regard to the Constitution and other relevant laws on the national economy,” he said.
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Carlo Ancelotti’s team successfully added to their four cups from 2014 to 2018, and their triumph meant European teams have won the past 10 editions of the tournament.
Rights activist, Mr Femi Falana (SAN), has urged the Federal Government to stop provoking members of the Academic Staff Union of Universities (ASUU) in a dispute over wages.
Falana stated this while speaking on Channels Television’s Politics Today, on Tuesday.
According to him, the lecturers should be paid their full salaries for the months they were on strike.
Recall with Noble Reporters Media that ASUU members were on strike between February and October this year, crippling academic activities in public universities across Nigeria.
ASUU called off their eight-month strike on Oct. 14 after the National Industrial Court (NIC) ordered the lecturers to resume.
However, the Federal Government paid half-salaries for the month of Oct., angering ASUU members.
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The Federal Government had explained that the lecturers were paid based on the days they worked in the stated month.
But speaking on the development, Falana, a counsel to ASUU, said on Tuesday, “The doctrine of ‘no work, no pay’ is totally inapplicable to ASUU members.
“We are asking all Nigerians who mounted pressure on ASUU to call off the strike . . . all of us have a duty to prevail on the government to stop provoking the lecturers.”
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Adeniran claimed his daughter was hale and hearty when the school picked her up for the activities, saying the school had not said anything regarding the incident.
Human rights lawyer and a Senior Advocate of Nigeria Femi Falana on Friday filed a lawsuit at the Federal High Court in Abuja seeking to stop the Nigerian Railway Corporation from resuming train services on the Abuja-Kaduna route until the railway lines are adequately protected from attacks by bandits and terrorists.
Also joined in the suit is another human rights lawyer, Marshal Abubakar.
Both activists filed the suit on Friday ahead of the now-botched planned resumption of train services on the Abuja-Kaduna route on Monday, March 28.
The suit against the NRC, the Minister of Transportation, and the Minister of Justice and Attorney General of the Federation, declared that the Respondents on the matter, are bound to secure the railway lines linking Kaduna State to Abuja (and indeed all other railways lines in Nigeria) against armed attacks by Boko Haram terrorists, kidnappers, and other armed groups before the recommencement of railway transportation services.
The lawsuit relied on Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Rights Act, Cap A9 Laws of the Federation of Nigeria which guarantee that every person living in Nigeria is entitled to the protection of their fundamental right to life.
In the suit with file number, FHC/ABJ/CS/22, the applicants declared that the brutal killing of unarmed passengers in the Abuja – Kaduna bound train by armed gangs/Boko Haram terrorists on the 28th day of March 2022 is illegal and unconstitutional as it violates the fundamental right of the deceased to life guaranteed by Section 14 (2) (b), 15 (3) (b), 33 and 43 of the 1999 Constitution of the Federal Republic of Nigeria.
They however asked for the relief of the court mandating the Respondents to protect the lives and properties of every passenger plying the Kaduna- Abuja Railway lines(and indeed all other railway lines in Nigeria) by recruiting adequate security personnel and security gadgets to guard and protect every of such passengers utilizing the public railway transportation system in Nigeria.
They also sought an order of the court prohibiting the Corporation and the Federal Ministry of Transportation from recommencing railways services on the Kaduna- Abuja route until adequate security and requisite gadgets are provided to ensure the safety and protection of lives and properties on the route.
Other reliefs sought by the Applicants is for the court to mandate the Respondents officials, whose alleged criminal negligence caused the bomb attack on the Abuja-Kaduna train on March 28, 2022, should be investigated and prosecuted
Human rights lawyer Femi Falana has faulted the N100m presidential nomination form fee set by the ruling All Progressives Congress (APC), describing it as “immoral” since the country’s minimum is N30,000.
Falana made the comment on Thursday, days after the APC fixed the prices for nomination forms for those vying for seats in the 2023 elections. The Peoples Democratic Party (PDP) also pegged its presidential form fee at N40m.
“Those outrageous nomination fees are immoral, insensitive, and illegal,” he said during an interview on Channels Television’s Politics Today.
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“The immorality of it is that we have over 90 million Nigerians that have been classified poor. In a country where the minimum wage is about N30,000 and it is not paid by some states, you can’t say you are collecting N100 million or N40 million to purchase a form,” he explained.
According to him, the move violates the African Charter on Human and Peoples’ Rights and the Nigerian constitution.
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“Again, section 42 of the Nigerian constitution provides that nobody shall be subjected to any restriction or discrimination on the basis of class, fortune, sex, or whatever,” the constitutional lawyer added.
“If these parties are saying they want to exclude unserious people, that if you cannot mobilise N100 million or N40 million, you cannot attain some positions in your country. That is discriminatory and illegal.
“No restriction can be erected to prevent you from participating in the politics of the country. You are now saying that the politics of the country is for moneybags or fat cats. That is against the spirit and the letters of the constitution.”
‘Not For The Rich’ Falana’s comment comes on the heels of debates about the prices for nomination forms by the APC.
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But the party’s spokesman Felix Morka says the criticisms about the fees are not justified.
According to him, no economy anywhere else in the world is perfect and despite that, “there are people who still live opulent lives ad make legitimate money” in Nigeria.
“Our party is not for the rich,” he stated. “The party came to a decision that the value placed on these forms are justified”.
Human rights lawyer and a Senior Advocate of Nigeria (SAN), Femi Falana, has faulted the Nigeria Police Force over the arrest of an Abuja based legal practitioner, Abubakar Marshall.
Marshall, a lawyer to activist Omoyele Sowore, was arrested on Friday by the FCT Police Command for failing to produce his client.
But in a statement issued on Sunday, Falana condemned the arrest, describing the act as illegal. He also dismissed claims by the police that Sowore jumped bail, saying that the activist had presented himself for any possible arraignment.
“In a bid to justify the illegal arrest of Abubakar Marshall Esq. the Police claimed that the lawyer contravened an unspecified provision of the Criminal Code because he failed to produce a client, Mr. Omoyele Sowore at a police station in the Federal Capital Territory,” the statement partly read.
“It is public knowledge that the movement of Mr Sowore has been restricted to the Federal Capital Territory for the past two years on the orders of the Federal Capital Territory. Since his abode is well known to the security agencies, it is grossly misleading to claim that his surety has contravened any provision of the Penal Code.
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“However, in spite of the indiscretion of Abubakar Marshall to stand surety for Mr. Sowore, his arrest, detention and prosecution by the Federal Capital Territory Police Command cannot be justified under the law
“It is trite law that a surety cannot be arrested, detained and charged with any criminal offence before any court in Nigeria on the ground that a suspect has jumped bail or failed to report for investigation or arraignment.
“The penalty is that the surety is legally obligated to pay the sum stated in the recognisance or bail bond. Before the bail bond can be forfeited the surety is entitled to show a cause or justify before a Court why it should not be forfeited.
“However, if the surety fails to pay the sum stipulated in the bond the court shall proceed to recover it from the surety like a fine under the Administration of Criminal Justice Act.
“In view of the several decisions of Nigerian courts on the contractual nature of suretyship, Abubakar Marshall has not committed any offence whatsoever. The authorities of the Federal Capital Territory Police Command are advised to withdraw the criminal charge erroneously filed before the Upper Area Court in Kubwa. However, since Mr. Sowore is not on the run, he has decided to report himself to the Police for any possible arraignment.”
Human rights lawyer, Femi Falana, has said it will be hard to arrest popular Yoruba activist, Sunday Igboho, who asked Fulani herdsmen to vacate Igangan, Ibarapa area of Oyo State.
Falana stated this while featuring on a NoRM‘s known Media on Friday morning.
According to him, the failure of the Federal Government to take actions when some Northern Governors repatriated Almajiris back to their home states, shows that the issue of security in Nigeria is being politicized.
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He noted that “President Muhammadu Buhari has just said he’s not going to politicize the issue of security. But the security situation in this country is already politicized. We do not have the same standard. That’s why we run into problems. When governors, recently in some states in the North, forcefully removed Almajiris and deported them back to their States of Origin, nobody protested on their behalf.
“If you do not protect the interest of Almajiris, why will you protect the interest of herders in any part of the country? This is why we have to maintain the same standard at all times and operate under the rule of law.”
According to the Senior Advocate, these laws have not been obeyed in the latest appointment of Service Chiefs by the president.
Human Rights Lawyer, Mr. Femi Falana (SAN), says the nation has continued in its habit of operating under an atmosphere of impunity.
Speaking on the appointment of the new Service Chiefs, Mr. Falana said going on to appoint the new leaders of the Armed Forces without the confirmation by the two chambers of the National Assembly, constitutes a disregard for the rule of law.
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Mr. Falana who was a guest on NoRM‘s known Media said the provisions within section 218 of the constitution empower the National Assembly to approve the appointment of the Service Chiefs.
According to the rights lawyer, the new service chiefs have only been nominated by the president and are awaiting confirmation by the legislators.
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Falana was of the opinion that the whole essence of a presidential system of government is to ensure that there are checks and balances.
“Section 18 of the Armed Forces Act makes provision for both chambers of the National Assembly to approve the appointments of Service Chiefs.
“These laws were interpreted in the case of Festus Keyamo versus the President of Nigeria and the decision was rendered in 2018 by retired Justice Adamu Bello.
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“The government did not appeal that judgment, in that case, the court held that by the combined effect of section 218 of the constitution and section 18 of the Armed Forces Act, the National Assembly shall approve or confirm the appointment of Service Chiefs.”
Repeated calls and appointment of new service chiefs President Buhari on Wednesday accepted the immediate resignation of the former leaders of the armed forces and appointed new officers as replacements.
Major-General Leo Irabor replaced General Abayomi Olonisakin as Chief of Defence Staff; Air Vice Marshal Isiaka Oladayo Amao replaced Air Marshal Sadique Abubakar as Chief of Air Staff; Rear Admiral Awwal Zubairu Gambo replaced Vice Admiral Ibok-Ete Ekwe Ibas as Chief of Naval Staff; while General Ibrahim Attahiru replaced Lieutenant General Tukur Yusuf Buratai as Chief of Army Staff.
The replacement of the Service Chiefs came after numerous calls for their sack over the increasing insecurity in the country.
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But despite debates over the reason behind the replacement, the Presidency has maintained that it was considered the best decision for the country at the moment.
President Buhari appreciated the outgoing Service Chiefs for what he calls their “overwhelming achievements in our efforts at bringing enduring peace to our dear country,” wishing them well in their future endeavours.
The Senior Advocate was reacting to the Presidency’s stance that the #EndSARS promoters must face the law.
Human rights activist, Femi Falana (SAN) has said the Federal Government was being misled into prosecuting the promoters of #EndSARS protests, adding that there was no connection between the youths calling for socio-economic reforms, including an end to police brutality, and the hoodlums that went on the rampage.
Rather, Falana accused the government of failing to provide security for the peaceful #EndSARS protesters, who were exercising their fundamental human rights, as required by law.
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He also described the hoodlums that burned and looted as “products of the decadent and neo-liberal economic policy of the Federal Government.”
The Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu, had said in a Media TV programme, Today, on Sunday night, that those who promoted the protest and allowed it degenerate into chaos must be made to face the full wrath of the law.
According to Shehu: “This country has only one President and has only one constitution.
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“President Muhammadu Buhari is responsible for his government. The buck stops at his table.
“We are a country governed by law. There is a constitution that states clearly, under Section 33, that clearly defines the rights of citizens to freely protest in a peaceful way.
“But where a peaceful protest turns into riot, violence and looting, there is a law and order duty to be performed.”
However, Falana pooh-poohed the Presidency’s claims, noting that “During the #EndSARS protests, the Federal Government conceded the fundamental right of Nigerian youths to protest peacefully.
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‘’The protests were generally peaceful. Unfortunately, the police did not provide security for the protesters as required by the law. Hence, hoodlums took over the protests.
“By the way, the hoodlums are products of the decadent and neo-liberal economic policy of the Federal Government. There is no nexus between the #EndSARS protesters and the hoodlums.
“It is unfortunate that the government is being misled as usual. They should go ahead and charge the #EndSARS protesters in a criminal court if there is any scintilla of evidence indicting them.
“We have travelled through this dangerous route before to the detriment of national development,” Femi Falana added.
A Senior Advocate of Nigeria (SAN), Femi Falana has described the N5m fine on Lagos-based radio station, Nigeria Info 99.3 FM by the National Broadcasting Commission (NBC) as illegal.
The Human Rights Lawyer said this in a statement he personally signed and wondered why the NBC will be in a hurry to penalise the radio station.
While noting that the State Security Service (SSS) has not concluded an investigation into the radio station’s guest, Dr Mailafia Obadiah, Falana asked why the Commission was in a hurry to violate the broadcast firm’s fundamental right.
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According to him, it is only a competent court of law that has the right to impose fines on a criminal suspect after conducting a trial.
“Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.
“In view of the fact that the imposition of the N5 million fine was anchored on a purported amendment of the Code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo mutu quash the illegal fine,” Falana said.
The senior lawyer added that: “Section 33 (4) of the Constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.”
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He noted that in the case between the National Oil Spill Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria Unlimited at the Federal High Court, Honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful.
The NBC had said the fine was imposed on the media outfit due to its unprofessional broadcast.
It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30 am and 9.00 am on Monday.
NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.
Human rights lawyer and Senior Advocate of Nigeria (SAN), Mr Femi Falana has called on the National Assembly to probe the conditions of Nigeria’s foreign loans totalling about $79.5bn.
Speaking during an interview on Channels Television’s Politics Today on Monday, Falana wondered why much emphasis should just be on the $3.1billion to be secured from China.
According to him, the masses are being misled by leaders of the ruling All Progressives Congress (APC) and those of the opposition Peoples Democratic Party (PDP).
“We are being misled. What is the basis of this cessation about Chinese loan which is only $3.1billion out of $79billion loan?
“Why are we not talking about the remaining $76billion whose conditionality is much worse than the Chinese loans we are talking about?
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“So, why don’t you look at the entire loan portfolio? Look at the conditions. For instance, some of the western loans are to the effect that the government should increase electricity tariff, increase fuel price and so on and so forth,” he said.
Falana also knocked the federal lawmakers for “not complaining about those multiple taxations dictated by western imperialism.”
While admitting that every country has the right to enter into an agreement with issues relating to loans, the senior lawyer maintained that the National Assembly is required by law to look at the terms and conditions.
In doing this, Falana asked the Ministry of Justice to always scrutinise the terms and conditions of the agreements to the benefits of all Nigerians.
The killings in Kaduna has the potential of leading to a round of national crisis that may threaten the fabric of democracy in the country, the Alliance for Surviving COVID-19 and Beyond, (ASCAB) warned on Sunday.
The coalition of labour and over 80 civil society groups also blamed the Federal Government for the mayhem adding that the central authority has the constitutional responsibility to ensure the protection of lives and properties everywhere in the country.
It said the mayhem in Kaduna only reflects the community version of the growing culture of brigandage within the political class.
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Last Friday scores of people were killed in Southern Kaduna by armed groups. Katsina, Zamfara and many States on North Central have seen a string of bloodletting in recent months.
On Sunday, the killings in Southern Kaduna continued. At 6am Fanstwam natives of Zipkak, a semi-urban town in Fanstwam Chiefdom, Jemaa LGA in Southern Kaduna, fled their homes when armed groups invaded their communities again.
The killings did not abate inspite of curfew impose in the area by the State Government to curb revenge killings among the multi-ethnic Southern Kaduna territories.
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The latest incidence took place in Zikpak, some two kilometres away from Kafanchan where a large consignment of soldiers is camped.
ASCAB in a statement signed by its Chairman, Mr Femi Falana, (SAN) on Sunday said it is undoubtedly clear that the Federal Government has shown a lack of capacity to deal with the sad events.
Falana said the Federal Government appears to be running out of ideas in bringing an end to violence and armed brigandage constantly recorded in Kaduna and other affected states.
It said the violence in the North East has spread to the North Central and the North West warning that if unchecked, it might threaten peace and coexistence across the country and set the nation on the path of ruin
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“Corruption, politics of exclusion, growing unemployment, and lack of creativity continue to fuel public resentment across the country backed by an increasing breakdown of public trust in those holding public officers. The situation has been compounded by weak institutions and inept leadership both at the state and national levels” ASCAB said.
It said the lack of opportunities, poverty, and the imposition of tough economic measures on Nigerians are partly responsible for prejudices, hate, and expression of violence found in many communities in Nigeria.
“Nigeria is fast becoming a state of blood where human lives no longer matter. It is unfortunate that while the Federal Government invests billions of naira in the procurement of arms to fight violence, it has failed to develop an appropriate economic roadmap to deal with one of the root causes of violence which is poverty.”
It also warned that unending violence and banditry will help the spread of coronavirus thereby putting the lives of many people in the North in danger.
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“Violence and killings have seen the emergence of several refugee camps and the flee of health workers in vulnerable communities. Territories ravaged by killings will naturally disregard the rules necessary for the prevention of COVID-19. This only means that as long as instability continues, the prospect of livelihood and effective public health protection is dim.”
It said it is public knowledge that many states in the country including Katsina where President Mohammadu Buhari comes from are at the mercy of terrorists, bandits, kidnappers, and criminal gangs.
It said that though the Federal Government continuously assures Nigerians of the safety of lives and property, the guarantee has become a mirage in the face of ceaseless attacks.
The group said the country has continued to witness massacres of defenseless citizens and that the number of arms in the hands of non-state actors is alarming.
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“Several survivors are currently in IDPs. These include children and women. These children are denied education and the basic necessities of life necessary for their growth in the first years of their lives.”
ASCAB said many Nigerians are fleeing to the neighbouring African States due to the fact that their homeland has failed to procure peace for them.
It condemned the statement credited to the Federal Government that “From available security records, the problem in Southern Kaduna is an evil combination of politically-motivated banditry, revenge killings and mutual violence by criminal gangs acting on ethnic and religious grounds”. It described such statements by the FG as an indication that those in power are not in touch with the people.
ASCAB said since President Mohammadu Buhari is the Commander in Chief of the Nigerian Armed forces, the President is under a legal obligation to end the violence.
Human rights lawyer, Mr Femi Falana (SAN), has revealed that he rejected an offer asking his client Omoyele Sowore to apologise to President Muhammadu Buhari, in a bid to get released from custody, when the Sahara Reporters publisher was detained in 2019.
Mr Falana in a statement on Thursday stated that he rejected the offer as presented by a government delegation comprising the late Isa Funtua and two others.
According to his statement titled, “On the collapse of secret meetings designed to compromise Omoyele Sowore in custody”, Falana did not only reject the offer, but he also rebuffed a rather ‘condescending’ statement by the late Isa Funtua, who was of the opinion that the regime in power could not be defeated.
“In fact, when the late Alhaji Isa Funtua said rather condescendingly at the Lagos meeting that the regime in power could not be defeated I was quick to remind him that the Nigerian people had defeated military dictators to pave way for the current civilian dispensation,” the rights activist stated.
Falana further revealed that he also rejected the delegation’s request to have Sowore, who was in detention, to write an undertaking to desist from further embarrassing the Federal Government.
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Below is the full statement as published by Mr Femin Falana.
ON THE COLLAPSE OF SECRET MEETINGS DESIGNED TO COMPROMISE OMOYELE SOWORE IN CUSTODY
In a deliberate attempt to distort the proceedings of the secret meetings held by representatives of media publishers and officials of the presidency with Mr. Omoyele Sowore in the dungeon of the State Security Service last year Mr. Garba Shehu has continued to give the highly erroneous impression that the deal struck with the captive was frustrated by his lawyer.
Since Mr. Shehu’s memory failed him in his jejune narrative he said that “The meeting ended well, and contrary to the posturing by Sowore, he said he was happy with a resolution proposed but that his lawyer, whoever that was, needed to come on board.
The fence-mending process collapsed after the meeting of the trio with the lawyer in Lagos.” Mr. Shehu ought to have published the terms of the “resolution” which he claimed that Mr. Sowore had accepted instead of of blaming the collapse of the “fence-mending process” on the intransigence of his lawyer “whoever that was (sic)”
I confirm that I held a meeting with the trio referred to by Mr. Shehu even though he did not mention my name.
Hence, I am compelled to react to a couple of issues raised in his incendiary account. More so that he did not attend the Lagos meeting. For reasons best known to Mr. Shehu he refused to inform the Nigerian people that I rejected the gratuitous request to prevail on Mr. Sowore to apologise to President Muhammadu Buhari and write an undertaking to desist from further embarrassing the federal government.
Apart from insisting that my client had committed no offence by exercising his freedom of expression over the perilous state of the nation I expressed my personal agony over the request because I won the legal battle wherein the Court of Appeal had upheld the fundamental right of the Nigerian people to protest against the government without police permit.
Mr. Shehu ought to have equally disclosed that I demanded for the unconditional release of my client from the unlawful incarceration of the State Security Service.
In particular, I recalled the case of Isa Funtua v The President wherein the plaintiff had challenged the obnoxious newspaper registration decree enacted by the Ibrahim Babangida junta in 1993. For goodness sake, is Mr. Shehu not aware of the fact that Mr. Sowore was charged with treasonable felony, money laundering and insulting President Buhari for daring to call off the bluff of the federal government?
It is interesting to note I had teamed up with other patriots in 2006 to campaign for the restoration of the liberty of Mr. Garba Shehu (who was then the spokesman for Alhaji Atiku Abubakar) when he was detained by the State Security Service and charged before the Federal High Court with the offence of “obtaining, reproducing and keeping classified material” in contravention of the Official Secrets Act.
Happily, the charge filed against Mr. Shehu by the forces of incipient fascism in the country was withdrawn and struck out in his favour. In like manner, the charge of a treasonable felony which is hanging menacingly on the head of Mr. Omoyele Sowore like a sword of Damocles will also be struck out in his favour in the fullness of time.
A Senior Advocate of Nigeria (SAN), Femi Falana, has claimed Isa Funtua, an ally of President Muhammadu Buhari, boasted that the current “regime” cannot be defeated.
Falana also revealed he rejected a request for him to apologize to Buhari, when Sahara Reporters publisher, Omoyele Sowore, was in detention.
He disclosed this in a statement released on Thursday.
Sowore was detained in August 2019 ahead of #RevolutionNow, a nationwide protest against the government.
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A delegation led by the late Funtua, reportedly visited Sowore while he was in detention, to “negotiate conditions” for his release.
After Funtua died on Monday, Sowore posted a video on Twitter, where he described Funtua as an “arrogant man” who asked him to “abandon the struggle” in exchange for his release.
However, presidential spokesperson, Garba Shehu, who was part of the delegation, accused Sowore of “attacking a dead soul”.
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In reaction, Falana who is Sowore’s lawyer has accused Shehu of attempting to twist what happened during the meetings.
“I confirm that I held a meeting with the trio referred to by Mr. Shehu even though he did not mention my name. Hence, I am compelled to react to a couple of issues raised in his incendiary account. More so that he did not attend the Lagos meeting. For reasons best known to Mr. Shehu, he refused to inform the Nigerian people that I rejected the gratuitous request to prevail on Mr. Sowore to apologise to President Muhammadu Buhari and write an undertaking to desist from further embarrassing the federal government,” part of the statement read.
He added: “Mr. Shehu ought to have equally disclosed that I demanded for the unconditional release of my client from the unlawful incarceration of the State Security Service. In fact, when the late Alhaji Isa Funtua said rather condescendingly at the Lagos meeting that the regime in power could not be defeated, I was quick to remind him that the Nigerian people had defeated military dictators to pave way for the current civilian dispensation.”
Femi Falana, SAN, has denied receiving N28 million from Ibrahim Magu, the suspended acting chairman of the Economic and Financial Crimes Commission, EFCC.
A Presidential Investigation Committee revealed that assets recovered by the EFCC from May 2015 to 2020 shows that Falana received N28 million.
It reads: “The link to Magu was also established by the payment of N28 million to Falana who is a close associate and ally of the Acting Chairman,’’ it revealed.
Falana has now demanded a retraction of the claim by issuing a statement through lawyer Adeyinka Olumide-Fusika (SAN).
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“My client acknowledges that just as his anti-corruption activism have won him friends, they have also bred enmity from those who see things from a different perspective and have therefore always tried to paint and present him (or anyone that strives or claims to be different) as someone that is also not free from the stains of corruption! Not long ago, these elements invented and spread through the media the lie that my client was a beneficiary of a property purchased from the EFCC. When given the opportunity to prove the allegation, the publisher failed to take up the opportunity but apologized for the false publication. I am not too sure that your case will turn out different if you permit it to degenerate to the level of being sued.
Femi Falana
“In the circumstance, my immediate instruction is to demand that you acknowledge your wrongdoing, expressly admit that what you imputed against my client was false, and apologize for your unprofessionalism and the damage you have caused to him.
“I do hope that you will, within the next 48 hours, comply with this gentlemanly request by publication on the front page of your newspaper. Failing compliance, my instruction is to issue a Writ in the tort of defamation in other to afford you an opportunity to prove what you imputed against my client’s character.”
Human rights lawyer, Femi Falana (SAN), has said that embattled Ibrahim Magu could get his job back as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), if he is not found guilty of allegations against him.
Magu has been suspended from the position and the agency’s Director of Operations, Mohammed Umar, was on Wednesday appointed to replace him.
Falana, appearing today on Media tv (known to Noble Reporters Media), said it was crucial that Magu is investigated and made it clear he is not the first EFCC boss to be probed.
“If he is indicted, the law will have to take its course. There are no two ways about it. We must be fair.
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“All that Ibrahim Magu requires right now is to be given the opportunity, to defend himself against these allegations.
Senior Advocate of Nigeria, Femi Falana
“If he is not proven guilty, the government may give him back his job. Or he himself can say he has been sufficiently embarrassed and leave.
“But this is not the first time that an EFCC chairman has been investigated. And there should not be any reading of political motivations into it.
“It is the prerogative of the government to investigate misconduct.”
Human Rights lawyer and Senior Advocate of Nigeria, Femi Falana, says the probe on the embattled acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, is a question mark on the anti-graft agency.
He disclosed this on Wednesday during an interview.
“Even though Mr Ibrahim Magu is presumed innocent of all the allegations levelled against him, it is an anti-climax for an anti-corruption zar to be linked to a miasmal of corrupt practices.
“No doubt the fate that has befallen Magu so far, for me it is indeed a moral disaster on the anti-corruption crusade. Therefore, the ongoing investigation should be a wake-up call on the Federal Government to embark on a comprehensive cleaning exercise. Otherwise, the investigation will be a selective exercise in futility.
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“The Federal Government owes the public duty, particularly that institution if it is confirmed that Mr Magu has been asked to step aside. There has to be a follow-up of the law establishing the agency, the top-most officer in the agency should be asked to act for him,” he said.
The EFCC boss, Ibrahim Magu, is under investigation over corruption allegations levelled against him.
Speaking further, the legal practitioner said the Federal Government should not make the mistake of appointing who he described as an outsider to head the EFCC in acting capacity should Magu be suspended or found guilty of the allegations.
According to him, this is to ensure that the name of such nomination will easily be sent to the National Assembly for confirmation.
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Falana, however, called on the Justice Ayo Salami-led panel to carry out a thorough investigation into the allegations of corrupt practices levelled against the EFCC boss.
Magu has been in the eye of the storm following the invitation extended to him by the Department of State Services (DSS) on Monday.
Although the spokesman of the EFCC boss, Tony Amokeodo, told Channels Television that his principal was quizzed to appear before a panel of the Federal Government set up to investigate the allegations of corruption levelled against him, the secret service insisted that it did not arrest Magu.
DSS Spokesman, Peter Afunanya, said the service has no connection with Magu’s reported arrest.
Noble Reporters Media 