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Tag: Falana

  • Channels interview: Ex-Naval officer Olawunmi, his lawyer, Falana in DIA

    Channels interview: Ex-Naval officer Olawunmi, his lawyer, Falana in DIA

    A former Navy Commodore, Kunle Olawunmi, on Tuesday honoured an invitation by the Defence Intelligence Agency over comments he made on Channels Television’s ‘Sunrise Daily’ breakfast programme last Wednesday.

    Olawunmi visited the DIA headquarters in Abuja with his counsel, Femi Falana, SAN, who confirmed the visit to our correspondent on Tuesday, saying, “It was a friendly chat.”

    The DIA had invited the ex-Naval officer on Saturday over some comments he made on the programme last Wednesday.

    On Wednesday, August 25, Olawunmi was a guest on the breakfast show where he spoke for about an hour, sparking intense discussions and concerns offline and online.

    He had described as an “aberration” the Tuesday, August 24 attack by bandits on Nigeria’s foremost military university, the Nigerian Defence Academy, where two military officers were killed and another kidnapped.

    “It is an aberration; you don’t attack the Nigerian Defence Academy and get away with it,” Olawunmi lamented during the interviewe, adding that the NDA, like other military environments in the country, carelessly opens its doors to everyone on Friday for Jumat prayer, thereby giving terrorists the opportunity to profile the institution.

    He had said, “In 2017, I carried out an investigation by the minister of defence that wanted me to check what was going on with the training and the security there (NDA). I remember I spent about a week in the NDA with the commandant and the staff, but something struck me: every Friday, the gate of NDA is thrown open and everybody has access to pray in the mosque.

    “On Fridays, you are going to see the same thing happening across all military formations in the country… If you go to Defence Headquarters, I served at the Defence Headquarters as the Deputy Director, Defence Administration, between 2015 and 2017. Throughout my two years at the Defence Headquarters, I received visitors twice because of the strict security architecture there; but every Friday, the gate of the Defence Headquarters is thrown wide open for everybody to come in and observe Jumat.

    “That is the time the terrorists have the time to profile our security environment. It has always been the case. I have served the military intelligence for the past 35 years. Our problem is religion and socio-cultural.”

    Olawunmi, who described himself as a Professor of Global Security Studies, had said, “Recently, 400 people were gathered as sponsors of Boko Haram. Why is it that the Buhari government has refused to try them? Why can’t this government bring them to trial if not that they are partisan and part of the charade that is going on?

    “You remember this Boko Haram issue started in 2012 and I was in the military intelligence at that time. We arrested those people. My organisation actually conducted interrogation and they (suspects) mentioned names. I can’t come on air and start mentioning names of people that are presently in government that I know that the boys that we arrested mentioned. Some of them are governors now, some of them are in the Senate, some of them are in Aso Rock.

    “Why should a government decide to cause this kind of embarrassment and insecurity to the sense of what happened yesterday (Tuesday attack on NDA)?” he had queried; adding that “terrorism financiers want to turn Nigeria to a Taliban type of country.”

    Olawunmi had also said he was not afraid of death because, “If you tell the truth, you die; if you don’t tell it, you die.

    “Some people have the mindset to Islamise the nation and they are in government. The DSS knows them, the NIA knows them, the DIA knows them because it is the DIA that conducted the operations that arrested the (400) suspects.”

  • NDA Attack: Falana sends critical message to FG

    NDA Attack: Falana sends critical message to FG

    The interim Chairman, Alliance on Surviving COVID-19 and Beyond (ASCAB), Femi Falana, has asked the Federal Government to secure the release of the officer abducted during an attack on the Nigerian Defence Academy.

    In a statement issued on Sunday, Falana asked President Muhammadu Buhari’s administration to unmask the killers and bring the perpetrators to book to serve as a deterrent to others.

    The Senior Advocate of Nigeria noted that by choosing to invade the military institution, the criminal elements have proven that nowhere is safe in Nigeria.

    “The Alliance on Surviving Covid-19 and Beyond (ASCAB) strongly condemns the last week’s invasion of the Nigerian Defence Academy in Kaduna, the brutal killing of two officers and the abduction of another officer by a group of terrorists,” he said in the statement.

    “By attacking the military institution, the dangerous criminal elements had wanted to prove that nowhere is safe in Nigeria.

    “To prove the criminals wrong the Federal Government should ensure the immediate release of the abducted officer and proceed to arrest the criminal elements who committed the heinous crimes.”

    He recalled that the Minister of Justice, Abubakar Malami had in April revealed that the government had concluded arrangements to arraign 400 sponsors of terrorists as well as 800 suspected terrorists at the Federal High Court.

    Four months down the line, Falana knocked the current administration for allegedly failing to prosecute the terrorists’ sponsors.

    He added, “ASCAB is sad to note that the Federal Government has refused to prosecute the sponsors of terrorists who were recently arrested and interrogated by the State Security Service.

    “In particular, the office of the Attorney-General of the Federation announced in April this year that arrangements had been concluded for the arraignment of 400 sponsors of terrorists and 800 terror suspects at the Federal High Court.

    “But for reasons best known to the Federal Government, the arrested sponsors of terrorism and terror suspects have not been charged with terrorism and allied offences before any Court. Other sponsors of terrorism including a few traditional rulers indicted by some state governments have not been brought to book for their alleged involvement in the nefarious enterprise.”

    Falana’s comments come five days after gunmen stormed the NDA Permanent Headquarters in Kaduna State, killing two officers and abducting one other officer, a situation that drew criticism with the military authorities vowing to apprehend the attackers.

  • You can’t be talking about looking for grazing routes in 2021, Falana slams Buhari

    You can’t be talking about looking for grazing routes in 2021, Falana slams Buhari

    Popular human Rights Activist and Senior Advocate of Nigeria (SAN), Femi Falana has faulted President Muhammadu Buhari’s approval to review grazing reserves in 25 states in the country.

    “We’ve gone beyond this stage of looking for grazing routes”.

    “As far as the law is concerned, the President cannot, (with profound respect), be talking of looking for grazing routes in 2021, Nigeria.

    “The Northern Governor Forum, the Southern Governors Forum, and even the Miyetti Allah group have all come to a conclusion that open grazing is obsolete,” Falana said on a monitored Channels Television programme on Sunday.

    His comments come days after President Buhari approved recommendations of a committee to review “with dispatch,” 368 grazing sites, across 25 states in the country, “to determine the levels of encroachment.”

    Among other things, the Committee recommended the production of maps and geo-mapping/tagging of sites, analysis of findings and report preparations as well as design appropriate communication on Grazing Reserves and operations.

    This comes as the nation battles insecurity, including farmer-herder clashes.

    But efforts by the Federal Government to resolve the age-long crises including the introduction of the Rural Grazing Area (RUGA) have met stiff opposition.

    Many believe ranching is a better approach to the problem.

    “We need a national resolution of this crisis. We need a scientific solution. We need a modern solution to this problem,” Falana said.

    “State governors are already investing in ranching”.

  • Benin Republic rejected aircraft sent by Nigerian govt sent to pick Sunday Igboho – Falana

    Benin Republic rejected aircraft sent by Nigerian govt sent to pick Sunday Igboho – Falana

    Renowned human rights lawyer, Femi Falana has revealed that the Benin Republic government refused to put freedom fighter, Sunday Igboho, on a waiting plane after his arrest in the French-speaking country in July.

    Falana said the Nigerian government told their Benin Republic counterpart to repatriate Igboho, after his arrest.

    The Senior Advocate spoke during an interview on BBC Yoruba on Tuesday.

    He noted that the Benin Republic, however, informed the Muhammadu Buhari-led government to understand that obeying the law is sacrosanct to them.

    According to Falana: “The Nigerian government asked the Benin Republic government to repatriate Sunday Igboho. In fact, we heard they had even sent an aircraft to be used to bring him down to Abuja.

    “The Benin government made its Nigerian counterpart to understand that this is not a lawless society.”

    Igboho was arrested in Cotonou after he fled Nigeria recently.

    He was arrested in an airport in Cotonou while trying to board a flight to Germany.

    The Yoruba nation agitator fled Nigeria to the Benin Republic after he was declared wanted by the Department of State Services, DSS.

  • Falana tackles Malami, demands prosecution of ‘arrested’ 400 sponsors of terrorism

    Falana tackles Malami, demands prosecution of ‘arrested’ 400 sponsors of terrorism

    Human Rights lawyer, Mr Femi Falana, SAN has demanded for prosecution of about 400 sponsors of terrorism reported to have been arrested by the federal government some months ago.

    In a Freedom of Information, FIO requested dated August 3, 2021 and forwarded to the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, Falana is also demanding for information on the charges which ought to have filed against the arrested terrorism sponsors.

    The letter reads: “On May 4 2021, it was widely reported widely by the media that the Federal Government had concluded arrangement to prosecute about 400 alleged sponsors and financiers of terrorism in Nigeria.

    “In the said publication, your office assured the nation that the suspects would be arraigned after the industrial action embarked upon by the Judiciary Staff Union of Nigeria (JUSUN).

    In view of the attacks being unleashed on law abiding citizens by groups surgents in several parts of the country, we strongly commend the move by the Federal Government to prosecute the suspects who were reported to have been arrested in a nationwide operation a few months ago.

    “We, however, request that our law firm be furnished with information with respect to when criminal charges were filed against the suspects since the strike by JUSUN has since been called off.

    “Kindly ensure that we are furnished with the requested information within 7 days of the receipt of this letter in accordance with the provisions of the Freedom of Information Act, 2011.”

  • Falana tackles Kaduna Government over fresh charges against El-Zakzaky, wife

    Falana tackles Kaduna Government over fresh charges against El-Zakzaky, wife

    Human rights lawyer and Senior Advocate of Nigeria, Femi Falana has accused the Kaduna State Government of filing fresh terrorism charges against the leader of the Islamic Movement of Nigeria, Sheikh Ibrahim El-Zakzaky and his wife, Zeenat to frustrate their release.

    El-Zakzaky and his wife were freed of all charges levelled against them by the Kaduna State Government on July 28, five years after being detained by the Department of Security Service (DSS).

    In a ruling that lasted over eight hours, the presiding judge, Justice Gideon Kurada upheld the no-case submission filed by Sheikh Ibraheem El-Zakzaky and his wife in an alleged culpable homicide, unlawful assembly and disruption of public peace levelled against them by the Kaduna state government.

    However, the Governor Nasir El-Rufai’s administration filed fresh seven charges against the IMN leader at the Federal High Court 24 hours later.

    But Falana, who is the lead counsel to El-Zakzaky, described the development as a “desperate bid by the Kaduna State Government to frustrate the release of the defendants from further incarceration.”

    “The new charge was maliciously filed when the Kaduna State Government anticipated that the ruling fixed for July 28 in respect our no case submission would succeed,” Falana said via a statement issued on Sunday.

    The senior lawyer also praised the trial judge for displaying exceptional courage and judicial independence amid what he described as intimidation by the forces of oppression.

    See full statement issued by Falana below:

    NEW TERRORISM CHARGE WAS HURRIEDLY FILED BY KADUNA STATE GOVERNMENT TO FRUSTRATE THE RELEASE OF MALLAM IBRAHIM ELZAKZAKY AND MALLAMA ZEENAT ELZAKZAKY FROM PRISON CUSTODY

    It has been reported in the media that the Kaduna State Government filed a new charge of terrorism and treasonable felony against Mallam Ibrahim Elzakzaky and his wife, Mallama Zeenat Elzakzaky after the dismissal of the 8-count charge of conspiracy and abetment of culpable homicide by the Kaduna State High Court. But contrary to such reports the new charge was hurriedly filed in the Federal High Court holden at Kaduna on Tuesday, 26th July in a desperate bid by the Kaduna State Government to frustrate the release of the defendants from further incarceration. In other words, the new charge was maliciously filed when the Kaduna State Government anticipated that the ruling fixed for July 28 in respect our no case submission would succeed.

    As soon as the new charge was filed the Bailiff of the Federal High Court twas commanded to rush to the Kaduna Correctional Centre to serve same on the defendants. But the defendants refused to accept service of the charge and directed the Bailiff to serve it on them through their Counsel.

    But for reasons best known to the Kaduna State Government the charge was not served on the defence counsel. However, on July 28 the trial judge, the Honourable Justice Gideon Kurada refused to be intimidated by the forces of oppression as he displayed exceptional courage and judicial independence. His Lordship dismissed the 8-count charge on the ground that it was filed under a law enacted in 2017 by the Kaduna State Government for offences that were alleged to have been committed in 2015. Alternatively, the learned trial examined the oral testimony of the 15 witnesses called by the Prosecution, upheld the no case submission of the defence and discharged the defendants.

    In apparent disregard of the epochal judgment of the Honourable Justice Gideon Kurada the Kaduna State Government seeks to subject the defendants to trial under the Terrorism Prevention Act enacted in 2011 for offences that were committed as far back as 2008. But since the Kaduna State Government is not sure that the defendants would be convicted for terrorism the Director of Public Prosecution, Mr. Bayero has announced that an appeal would be filed at the Court of Appeal against the Ruling of the Honourable Justice Gideon Kadura. No doubt, the new charge constitutes the worst abuse of the process of the Federal High Court. Once the case charge is served on the defence we shall not hesitate to file the necessary application for the immediate termination of the prosecutorial charade.

    In view of the foregoing, we wish to state, without any fear of contradiction, that the filing of the new charge of terrorism and treasonable felony by the Kaduna State Government has no effect whatsoever on the valid and subsisting order of the Honourable Justice Gideon Kudura for the unconditional release of the defendants from prison custody. In the same vein, the filing of the proposed notice of appeal by the Kaduna State Government will not constitute a stay of action with respect to the order for the release of the defendants. Therefore, as law abiding citizens the defendants are free to continue to breathe the air of freedom. However, since the new charge has failed to achieve its oppressive objective of frustrating the release of the couple from further incarceration we call on the Kaduna State Government to discontinue it without any delay.

    Femi Falana SAN

    Leader of the Defence Team

  • Why I disagree with those calling for Nigeria’s breakup – Falana

    Why I disagree with those calling for Nigeria’s breakup – Falana

    Human rights lawyer and a Senior Advocate of Nigeria, Femi Falana has kicked against the breakup of Nigeria along ethnic lines.

    Several groups including the Indigenous Peoples of Biafra (IPOB) led by Nnamdi Kanu and the Yoruba Nation agitators have campaigned for both Biafra and Oduduwa Republics.

    Speaking during a monitored interview on a Channels Television programme on Thursday, Falana said he has a fundamental disagreement with secessionist groups in the country.

    “Personally, I am strenuously opposed to the campaign for the balkanisation of Nigeria because I believe the masses of our people are oppressed by the ruling class and imperialism.

    “To that extent, I have a fundamental ideological disagreement with those who are calling for the breakup of the country along ethnic lines.”

    Speaking further, the senior lawyer explained that amid the agitations in some quarters that the nation should split, the Federal Government owes it a duty to convince the agitators by reposing confidence on the corporate existence of Nigeria.

    While noting that it is not a criminal offence for some persons to make separatists demands, Falana said the current administration should respect human rights in line with Article 20 of the African Charter on Human Rights.

    He added, “If a group of people decides to fight for the breakup of the country, the duty of the government is to try as much as possible to convince them to repose confidence in the corporate existence of Nigeria.”

    Meanwhile, the two major separatists – Igboho and Kanu – have been arrested and are facing trial both in the Benin Republic and Nigeria respectively.

  • Igboho cannot be extradited without due court process – Falana

    Igboho cannot be extradited without due court process – Falana

    A senior advocate of Nigeria (SAN), Femi Falana, says the Nigerian government cannot extradite Sunday Adeyemo, a Yoruba nation agitator, popularly called, Sunday Igboho, from Benin Republic without due process.

    Igboho was declared wanted by the Department of State Services (DSS) early in July after his Ibadan house was raided by the operatives of the security agency.

    He was arrested at Cotonou Airport with his wife on while on their way to Germany on Monday, and he’s currently been held by security operatives in the country.

    In a statement on Thursday, Falana said the request by Nigeria to extradite Igboho must be supported by a statement of offences.

    “Contrary to speculations in the media, it is submitted that Igboho cannot be expelled from Benin and deported to Nigeria on the basis of his arrest by Interpol without due process as prescribed by Article 12(4) of the African Charter on Human and Peoples Rights which provides that ‘A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law,’” he said.

    “Thus, the Federal Government cannot bring back Igboho to the country without first making a request for his extradition and prosecution in Nigeria pursuant to the provisions of the ECOWAS Convention A/P.1/8/94 on Extradition, which is applicable in the 15 member states of the ECOWAS.

    “It is pertinent to note that the 1994 ECOWAS Convention has superseded the 1984 Extradition Treaty between Nigeria, Togo, Benin and Ghana pursuant to Article 32 of the ECOWAS Convention on Extradition.

    “Accordingly, upon the receipt of a request for the extradition of Igboho, the Government of Benin Republic will be under a legal obligation to commence extradition proceedings in one of its domestic courts. It is pertinent to point out that by virtue of Article 28 (2) of the ECOWAS Convention on Extradition, the procedure with regard to extradition and provisional arrest are governed solely by the law of the requested State, i.e. Benin Republic.

    “Apart from providing for a speedy extradition procedure, the government of Benin Republic shall ensure that Igboho, whose extradition is requested, has the right to be heard by a judicial authority and to be assisted by the lawyer of his own choice. Nigeria is specifically requested by Article 4 of the ECOWAS Convention on Extradition to convince the Court in Cotonou that the offence in respect of which Igboho is wanted is not political or for the purpose of prosecuting him on account of his ethnic group or political opinion. Various provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, to which Nigeria is also a party, apply as well. As noted, if the person is lawfully within the territory of the rendering State, extradition requires due process.”

    He stated that seizure and rendition of suspects may be characterised as a “forced disappearance” under international human rights law, by which an individual is abducted by persons acting on behalf of or with the acquiescence of the state, followed by a denial of information or other forms of accountability by state authorities.

    He explained that from the information at his disposal, Tukur Buratai, the new ambassador of Nigeria to Benin Republic, has submitted an application for the deportation of Igboho to Nigeria.

    “With respect, the request cannot be granted as it has to comply with Article 18 of the Extradition Convention. It is not sufficient to state that Igboho is wanted for terrorism and murder,” he said.

    “The request must be supported by a statement of the offences for which extradition is requested, the time and place of their commission; their legal descriptions; and a reference to the relevant legal provision shall be set out as accurately as possible; and an authenticated copy of the relevant law indicating the sentence which may be or has been imposed for the offence. To that extent, the Republic of Benin has not received a proper request from the Federal Government for the extradition of Igboho.”

    He added that the provision for Benin Republic to detain Igboho will be terminated within a period of 20 days if the country has not received an extradition request from Nigeria in accordance with article 15 of the ECOWAS extradition convention.

  • 2023: Nigeria in trouble if INEC is barred from transmitting election results electronically – Falana

    2023: Nigeria in trouble if INEC is barred from transmitting election results electronically – Falana

    Human rights lawyer and a Senior Advocate of Nigeria (SAN), Femi Falana, on Wednesday said Nigeria is in trouble if the Independent National Electoral Commission (INEC) is barred from transmitting election results electronically.

    Two weeks ago, the National Assembly leadership blocked the electronic transmission of election results in Nigeria, an amendment that President Muhammadu Buhari also refused to sign into law after arguing that it would disrupt the conduct of the 2019 elections.

    Falana in a monitored interview on Channels Television cited Section 52 of the Electoral Act Amendment Bill and the prohibition of the electronic transmission of election results, calling on Nigerians to demand that the proper thing be done.

    “By virtue of Section 52 of the Electoral Act amended in 2015, INEC is given unchallenged powers to device any process to guarantee that everybody is able to vote and so INEC is empowered to transmit results electronically,” he said.

    “When you now put it in the law that INEC shall not transmit election results electronically, we are in trouble. I’m sure that Nigerians are going to continue to demand that proper thing is done in order to ensure that the process we are putting in place will guarantee fair and free election.”

    He also frowned at plans to prevent to election results declared by INEC under duress, asking the citizens to call on the representatives in the National Assembly not to sabotage the electoral process.

    Falana’s remarks come three days after ex-INEC Chairman, Prof Attahiru Jega, faulted the exclusion of electronic transfer of results.

    Jega lamented that the decision of the 9th Assembly to allow INEC to use electronic voting without the electronic transmission of results is counterproductive.

    “You can’t permit INEC on one hand to use electronic voting and not use electronic transmission of results because usually, they go as a package,” he said.

    “Once there is a robust software and hardware for doing so, it now brings efficiency, transparency and real time ability to see the result as they are transmitted from the polling unit to a National Collation Centre.”

  • Meeting Twitter representatives after suspension is putting ‘cart before the horse’, Falana tells FG

    Meeting Twitter representatives after suspension is putting ‘cart before the horse’, Falana tells FG

    Senior Advocate of Nigeria, Femi Falana, has faulted the Federal Government’s suspension of Twitter in Nigeria and its recent decision to hold talks with the company.

    The popular human rights lawyer who spoke on a monitored Channels Television programme said the decision to meet should have been planned before the suspension was done.

    He, however said it was a good development.

    “The Federal Government meeting with Twitter is a good development but in many instances, they put the cart before the horse. I feel this should have been done earlier. The government protested when it was dissatisfied with certain developments. This kind of meeting would have been called much earlier and the embarrassment and inconvenience that Nigerians were subjected to would have been totally avoided. But I think it is a good development that both sides are going to meet,” he said.

    When asked about the legality of ECOWAS’ involvement in the matter, Falana said: “In the 60s and 70s it was convenient for dictators in Africa to plead sovereignty that nobody should interfere with our internal affairs but in these days and times, one countries have submitted part of their sovereignties to international bodies, in this case the ECOWAS, Nigeria has ratified the protocols establishing the court as well as the supplementary project, it is therefore too late to rush back home and say we are independent, we are sovereign nation”.

    The Federal Government has since come under fire for its decision to ban the social media platform in the country both from citizens and the international community.

    Beyond the ban, the Minister for Justice, Abubakar Malami, had also announced that anyone found still using the app would be prosecuted.

    But on Tuesday, the ECOWAS Court of Justice joined the call to condemn the decisions.

    The court restrained the Federal Government from imposing sanctions or harassing, intimidating, arresting, or prosecuting Twitter.

    It also restricted the government from carrying out such actions against any other social media service provider, as well as media houses, pending the hearing and determination of a suit challenging the government’s suspension of Twitter operations in the country.