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Tag: Falana

  • #EndSARS: Let’s meet in ICC, Falana dares petitioner

    #EndSARS: Let’s meet in ICC, Falana dares petitioner

    Activist lawyer, Femi Falana (SAN) on Thursday reacted to criminal complaints filed against him by a group, Make Nigeria Better Initiative(MNBI) accusing him of allegedly instigating the #EndSARS protests by Nigerian youths before the International Criminal Court (ICC).

    The complaint, dated November 4, 2020, was filed by one Joseph Nwaegbu, a Senior Associate of Pathfind Attorneys on behalf of MNBI.

    Nwaegbu, in the complaint before the ICC had said that said the role played by Falana before, during and after the protests” is not only ignoble but criminal.”

    But in a statement in Lagos titled “Let the guilty be afraid”, Falana denied instigating #EndSARS protesters.

    Falana challenged Nwaegbu to pursue his petition against him at the ICC.

    “Mr. Joseph Nwaegbu, Pathfind Attorneys, MNBI and their shadowy minders and paymasters obviously think that the ICC is a forum for frivolities, especially of the type we have gotten accustomed to in Nigeria (like government and government officials hiring praise-singers or protesters to counter-balance genuine protesters!).

    “They will sooner or later know that the ICC is not such a place. I welcome them to pursue their petition.

    “I move around the world and I have easy and undisturbed passage. I hope the shadowy minders and paymasters of Mr. Joseph Nwaegbu, Pathfind Attorneys, MNBI are able to do likewise. In fact, I challenge them to dare,” he added.

    He insisted he has always used the instrument of the law to fight for what is just.

    He accused some elements of using men of the Nigerian Army to wage a genocidal attack on peaceful and unarmed #EndSARS protesters especially at the Lekki Toll Gate in Lagos and in respect of “a full-scale war declared illegally in Port Harcourt which he said claimed the lives of scores of unarmed civilians.

    He said: “It was because they have no respect for the rule and the duly constituted courts that these elements have persisted in dabbling into politics and civil affairs as recently shown in their deployment of soldiers in full battle gear and war formation against peaceful protesters.

    “They should learn from their USA counterparts who, despite all encouragement by the President of the country, refused to run such errands for those in transient political authority.

    “Never on my own side have I ever used anything other than the Law to resist the attempts to return us to 1984.

    “For instance, when these elements suddenly woke up one morning in October 2019 and gave to themselves the power to go on the streets to conduct military operations against civilians under the guise of a so-called Operation Positive Identification, I instituted the suit No. FHC/L/CS/1939/19 with a view to bringing them back to the path of constitutional rectitude.

    “In the case, the Federal High Court declared such operation illegal. The presiding Judge, the Honourable Justice Aikawa issued a restraining injunction and said:

    “It would be outside the powers of the 3rd Respondent (the Nigerian Army) for it to parade the streets in the rest of the country and demand citizens to show their identity cards and the like. If there is any security need for that, my view is that it should be left in the hands of the police, which is the security agency vested with these functions as spelt out by Section 4 of the Police Act.”

  • #EndSARS protests: Lawyer drags Falana before ICC

    #EndSARS protests: Lawyer drags Falana before ICC

    A lawyer, Joseph Nwaegbu of Pathfind Attorneys, has filed a criminal complaint against Femi Falana (SAN) before the International Criminal Court (ICC) in Hague, for allegedly instigating the #EndSARS protests, which he claimed, led to the killing of innocent citizens, destruction of property, among others.

    The complaint dated 4th November 2020 was addressed to the Office of Madame Fatou Bensouda, the Prosecutor ICC by Nwaegbu, who claimed to be acting for his group, Make Nigeria Better Initiative (MNBI).

    Nwaegbu alleged the role played by Falana before, during, and after what he described as “the mother of all protests in Nigeria” is not only ignoble but criminal.

    ”On the recent #EndSARS protests which turned violent across the country, we beg to submit that the role played by Mr. Falana before, during, and after what observers described as “the mother of all protests in Nigeria” is not only ignoble but criminal.”

    He accused Falana of spreading fake news to further incite the youths in the country against the government which killings and destructions of properties.

    Nwaegbu added: “We have seen how the type of incitement spearheaded by Mr. Falana worked in Rwanda and other parts of the world and the resultant effect was genocide.

    “In the case of Nigeria, the misguided youths who acted based on Falana’s posture, character and utterances employed crude methods to illegally murder about 22 (Twenty Two) police officers in cold blood during the #EndSARS protests that lasted between the period 3rd October, 2020 till 21st October, 2020.

    “We strongly believe that Mr. Falana is a highly placed Nigerian citizen, senior lawyer, and politician that without the timely intervention of the ICC he will get away with justice in this case.

    ”At Oyigbo Police Station in Lagos alone, a total of 3 (Three) police officers were killed and roasted like Christmas goats with their facilities destroyed,” he said.

    ”It is our further submission that what Falana is doing gives room for suspicion that another brand of the terrorist group may be created to hide under the cover of “human rights activists” whilst sustaining the evils already bedeviling our people through the activities of the disbanded Islamic Movement in Nigeria (IMN), Boko Haram and Indigenous People of Biafra (IPOB).

    ”Overall, we submit that prima facie cases of instigating violent protests that led to the killing of innocent citizens, wanton destruction of properties and other heinous crimes against humanity have been established against Femi Falana SAN vide this Criminal Complaint for which the ICC can investigate, prosecute and mete out appropriate sanctions to him.”

    He urged the ICC Prosecutor to open an investigation of Femi Falana, SAN, on her own accord under Article 15 (1) of the Rome Statute;

    Nwaegbu urged the ICC Prosecutor to compel Femi Falana SAN upon conviction under the Rome Statute to pay the sum of $2,000,000,000 (Two Billion US Dollars) as punitive damages for causing death, injury and maiming of several citizens as well as wanton destruction of public and private properties through his instigation of the violent #EndSARS Protests across Nigeria from the period 3rd October, 2020 till 21st October 2020.

    The ICC has acknowledged the receipt of the complaints in reply signed by the Head of Information and Evidence Unit of the ICC, Mark P. Dillon.

    Dillon said the communication has entered the Registry of the Court and will be considered accordingly with the procedure and Rome Statute of the ICC.

    He however added: “Please note this acknowledgment letter does not mean an investigation has been opened, nor that an investigation will be opened by the Office of the Prosecutor.

    “As soon as a decision is reached, we will inform you, in writing and provide you with reasons for this decision.”

  • Kill #EndSARS protesters, face International Criminal Court – Falana threatens Buhari, Buratai

    Kill #EndSARS protesters, face International Criminal Court – Falana threatens Buhari, Buratai

    Popular human rights lawyer, and Chairman of the Alliance for Survival of COVID-19 and Beyond (ASCAB), Femi Falana, has warned President Muhammadu Buhari not to use the Military against #EndSARS protesters.

    He also said the Chief of Army Staff, Lt Gen Tukur Buratai, risks facing the International Criminal Court (ICC) if any of the protesters is killed.

    The Army had said it would commence Exercise Crocodile Smile VI, which is usually conducted annually to checkmate the activities of criminals across the country during the ember months.

    It noted that this time, the military operation which would run from October 20 to December 31, would carry out cyber warfare operations to counter negative propaganda by criminal gangs and groups in social media and across the cyberspace.

    However, Falana in a statement issued by ASCAB advised Buhari to withdraw plans to engage soldiers for what is a purely democratic issue.

    According to the statement, protests have commonplace across the world as seen in Hong Kong, US, France, South Africa, Belarus, and even in Sudan.

    “It is unfortunate that the Nigerian government is sending a signal to the military that it has a role to play in a purely civil matter.

    “The plan to deploy soldiers is dangerous. It will push Nigeria into the red light district of global reckoning,” the statement read.

  • Falana to FG: ‘You negotiate with terrorists, do same with #ENDSARS protesters

    Falana to FG: ‘You negotiate with terrorists, do same with #ENDSARS protesters

    Human Rights Lawyer, Femi Falana, has asked the Federal Government to hold talks with #EndSARS protesters and grant their demands, the same way it negotiates with terrorists.

    Falana made the remarks on Wednesday during an interview on Channels TV’s Politics Today.

    “The government must engage in dialogue with leaders of the protesting groups,” he said. “After all, the government negotiates with terrorists so why don’t you negotiate with patriots like the young men and women that are protesting all over the country.”

    He believes that the talks backed by steps that meet the demands of Nigerians who have taken to the streets are the only way the government can end the nationwide protests.

    One of the necessary steps is for the Federal Government to ensure that protesters are protected.

    Another, according to him, is for a full-fledged inquiry into the outright killings of Nigerians by police officers.

    He also called on state Attorneys-General to take over the prosecution of cases.

    Nigeria currently does not run a state policing system and that limits the control governors have over security matters regarding their states.

    Falana, however, says that with nearly 98 percent of crimes in the country committed at the state level, there is the need for a more decentralised system of policing.

    He said, “There has to be a full-fledged inquiry that will support a judicial commission of inquiry not a judicial commission of inquiry that will seat in camera (private) like the Ayo Salami judicial commission of inquiry. This one will seat in the open like the Oputa Panel and they will investigate the atrocities, the outright killings.

    “Finally, I’m calling on the state Attorneys-General because 98% of criminal offences in Nigeria are state offences. Let our Attorneys-General take over the prosecution of cases in Nigeria. Moreso, that the Police Act 2020 has prohibited policemen and women from prosecuting in our courts so, the state government will have to engage lawyers to take over the prosecution of cases in all our courts.

    “If the government can put all this in place in the next three days, the young men and women can now be persuaded to leave the streets,” he said.

    Falana’s comments come about 24 hours after the Inspector-General of Police, Mohammed Adamu, set up a new unit called the Special Weapons and Tactics (SWAT) Team, to replace the disbanded Special Anti-Robbery Unit (SARS), after nationwide protests over series of allegations of police brutality and human rights violations.

    Despite the development, the protests have continued as many Nigerians suspect the new unit may amount to a mere change of name.

    As the protest continued on Wednesday with many rejecting the SWAT unit, the police said no member of SARS will be in the unit and referred to the unit as Tactical Unit rather than SWAT.

  • Death sentence: Kano Judiciary submit case details to Falana

    Death sentence: Kano Judiciary submit case details to Falana

    Kano State Judiciary says it has submitted certified copies of the Sharia Court judgment to the Human Right activist, Mr Femi Falana, to enable him to appeal the judgment that sentenced Yahaya Aminu to death by hanging for blasphemy.

    The News Agency of Nigeria (NAN) reports that the development came less than seven days to the expiration of the 30-day grace the court granted the convict to appeal the judgment.

    Mr Babajibo Ibrahim, the Spokesman of the Judiciary, spoke with NAN on Thursday in Kano about the development.

    Ibrahim said that certified copies of the judgment were presented to the Falana’s representative on Wednesday in Kano.

    He explained that the Kano State Judiciary received an application by the human right activist, requesting details of the Sharia Court judgment, to enable him appeal the judgment.

    “The judiciary received a request from Mr Femi Falana’s representative on Tuesday and certified copies of the judgment were made available to him on Wednesday,’’ he said.

    It will be recalled that a Sharia Court in Kano on Aug. 10, sentenced the 30-year-old Yahaya Aminu to death by hanging after his conviction of blasphemy against Prophet Muhammad.

    Gov. Abdullahi Ganduje, on Aug. 27, indicated his readiness to sign the death warrant, if the convict failed to appeal the judgment at the expiration of the 30-day grace.

    Also, Ahmad Magaji, Controller, Nigeria Correctional Service (NCS) in Kano State, confirmed that the convict was in custody.

  • Falana to CBN: Tell us how you spent N338bn COVID-19 funds

    Falana to CBN: Tell us how you spent N338bn COVID-19 funds

    Popular activist and human rights lawyer, Mr. Femi Falana (SAN), has written a letter to the Central Bank of Nigeria demanding (CBN) demanding information on how the N338.6bn COVID-19 fund was spent.

    Falana said this in a letter titled, ‘Request for Detailed Information on Beneficiaries of N338.66bn Coronavirus (COVID-19) Intervention Funds Disbursed Across Various Sectors in Nigeria by the Central Bank of Nigeria’.

    In the letter dated August 17, 2020 and received at the CBN on August 18, Falana said the request was made in line with the Freedom of Information Act.

    The letter read in part, “Our attention has been drawn to an online report relating to the disbursement of the sum of the sum of N338.6bn as COVID-19 intervention funds to beneficiaries across Nigerian states.

    “Since the report did not capture the details of persons who benefitted from the disbursement of the funds, we hereby request in line with Section 1 of the Freedom of Information Act that you avail us with the details of the disbursement.”

    Meanwhile, the apex bank in a letter dated August 26, 2020, demanded more time to respond to the activist’s request.

    In a letter signed by Director of Corporate Secretariat/Secretary to the Board, John Onojah, the CBN said the response was being processed.

    The response read in part, “We refer to your letter dated August 17, 2020 on the above matter and wish to inform you that the request is being processed and we will revert to you as soon as possible.”

  • CAMA law illegal, violates rights to freedom of association – Falana

    CAMA law illegal, violates rights to freedom of association – Falana

    Human rights activist, Femi Falana, SAN, has broken his silence on the disputed Companies and Allied Matters Act, 2020 (CAMA), saying the law was badly drafted.

    According to Falana, he had read the law and that it was badly drafted.

    He said a government that set out to facilitate the ease of doing business could not have come up with a 604-page business law.

    Falana stated that the law was not completely new, as registered NGOs were regulated in the past in line with the practice in all democratic societies.

    He said the only addition which was objectionable was the power conferred on the commission to take over and manage NGOs on allegations of misconduct.

    Falana stated that the law was illegal because it was a violation of the fundamental right to freedom of association guaranteed by section 40 of the Constitution.

    In his words: “I have read the law. It was badly drafted. A government that set out to facilitate the ease of doing business could not have come up with a 604-page business law (CAMA 2020).”

    “But it is not a completely new law. Registered NGOs were regulated in the past in line with the practice in all democratic societies.

    “The only addition which is objectionable is the power conferred on the commission to take over and manage NGOs on allegations of misconduct.

    “It is illegal because it is a violation of the fundamental right to freedom of association guaranteed by section 40 of the Constitution.”

  • Why it is necessary to probe Abba Kyari’s death – Falana

    Why it is necessary to probe Abba Kyari’s death – Falana

    Popular human rights activist and lawyer Femi Falana, has asked the Federal Government to investigate the death of Kyari.

    He made the call through a statement titled: “Time to Stop Official Impunity and Hypocrisy in the Fight against COVID-19.”

    Falana said a probe into the death had become inevitable since no private hospital has been accredited by the NCDC to treat COVID-19 patients.

    Falana recalled that while the NCDC directed anyone who tested positive to COVID-19 to report for treatment in isolation centres, the former Chief of Staff was allowed to be treated in a private hospital in Ikoyi, Lagos.

    He said that since then, some influential people who tested positive to COVID-19 have been insisting on treatment in private hospitals without official authorization.

    The SAN recalled that the situation made the Lagos State Government to issue a statement clarifying that the private hospital was granted permission to treat COVID-19 patients.

    He said the position of the Lagos State government was contrary to that of the Health Minister, Dr. Osagie Ehanire, whom he quoted to have said: ”As at today, there is no private hospital that has been accredited to manage COVID-19 case in Nigeria.

    “There is none in Abuja that I know of. But, I think Lagos is looking at some accredited hospitals and there is one large hospital in Lagos that has called me that it wants to become a Coronavirus treatment centre.”

    Falana lamented the breach of the fundamental rule of COVID-19 guidelines on treatment of persons with the virus.

    He lamented that the crowd at the burial of Kyari was a clear violationof the NCDC guidelines.

    The activist lawyer added, “Apart from defying the directive on social distancing, some members of the crowd disregarded the wearing of face masks.

    “And in a rather bizzaire manner, a man who had taken part in the burial ceremony pulled off his Person Protective Equipment(PPE) and left it beside a car in Maitama District, Abuja.

    “Upon the conclusion of the burial, video clips have been trending in the social media showing the crowd and the serial breaches of the NCDC guidelines by highly placed public officers and other members of the public at the burial site.”

    He also noted that despite that the COVID 19 guideline on social distancing has not been lifted, some governors have suspended lockdown for Juma’at prayers at a time that the authorities in Saudi Arabia have banned any gathering for prayers and pilgrimages.

    The lawyer noted that the Coronavirus pandemic has been on the ascendancy in the country due to the inconsistency and double standards of the NCDC and lack of coordination on the part of the Federal Government in addressing the health crisis.

  • COVID-19 lockdown: Not a single Lagosian has so far benefited from Buhari’s cash transfer programme – Falana

    COVID-19 lockdown: Not a single Lagosian has so far benefited from Buhari’s cash transfer programme – Falana

    Foremost human rights lawyer, Femi Falana (SAN) has described the Federal Government’s plan to continue with the School Feeding programme during the ongoing lockdown as an insult to Nigerians.

    He stated this while reacting to a statement credited to the Minister of Humanitarian Affairs, Sadiya Farouq, whose ministry coordinates the programme.

    Farouq had, in aligning herself with a presidential directive, vowed to work with state governments to develop a strategy to continue the programme despite schools being closed to halt the spread of COVID-19.

    President Muhammadu Buhari in his speech imposing lockdown on Lagos, Ogun, and FCT late March, said, “Furthermore, although schools are closed, I have instructed the Ministry of Humanitarian Affairs, Disaster Management and Social Development to work with State Governments in developing a strategy on how to sustain the school feeding program during this period without compromising our social distancing policies.”

    However, Falana reacting to the continuation of the programmes said it wreaked of insensitivity.

    Falana who spoke in an interview with The Punch said: “The Federal Government should stop insulting the collective intelligence of the Nigerian people. For goodness’ sake, are the school children being fed in their homes by the ministry of humanitarian affairs?

    “The statement and other similar statements credited to highly-placed public officers during this crisis have compelled the Nigerian people to demand accountability in the school feeding and cash transfer policies of the Federal Government.

    “Even though Lagos State warehouses the largest number of the very poor people in the country not a single person in the state has benefited from the cash transfer programme of the Federal Government.

    “Hence, Lagos State is conspicuously missing in the social register compiled by the Presidency.”

    Falana continued, “In his last broadcast, President Buhari announced the increase in the number of the people in the social register from 2 .6 million to 3 .6 million.

    “The state and local governments must compile their own social register of poor people and liaise with the Federal Government with a view to ensuring a more effective way of distributing the palliative.”

  • Covid-19: Falana condemns FG for deploying soldiers to enforce lockdown

    Femi Falana, human rights lawyer, says it is illegal to deploy soldiers during the lockdown over coronavirus.

    In a national broadcast on Sunday, President Muhammadu Buhari had ordered a lockdown of Ogun, Abuja and Lagos from 11pm on Monday.

    There had been criticisms over Buhari’s decision to restrict movement in those areas because, according to some lawyers, there was no legal backing.

    But the president later signed quarantine regulations on lockdown. Femi Adesina, his spokesman, said the regulations, effective March 30, 2020, “gave legal backing to the various measures outlined in the President’s National Broadcast on March 29, 2020, such as Restriction/Cessation of Movement in Lagos, FCT and Ogun State and others toward containing the spread of the pandemic in the country”.

    In a statement, Falana said while the president has the powers to adopt any measures to tackle COVID-19 pandemic, the plan to deploy troops should be reconsidered.

    “Following the national broadcast of President Buhari on the COVID-19 pandemic, some lawyers have questioned the constitutional validity of the restriction of locomotion of people in Abuja, Lagos and Ogun states. No doubt, the President is empowered to adopt any measures deemed fit to combat the dangerous disease but such measures have to be spelt out in a Regulation made pursuant to section 305 of the Constitution or under the Quarantine Act. Otherwise the presidential order on restriction of movement in the affected areas cannot be enforced by the police,” he said.

    “However, while the nation’s armed forces should be commended for making their medical facilities available to members of the public in the fight against the highly dangerous virus the plan to dispatch armed soldiers to the streets to enforce the COVID-19 guidelines should be shelved because it is illegal.

    “For the umpteenth time, I am compelled to draw the attention of the military authorities to the case of Yussuf v Obasanjo (2005) 18 NWLR (Pt ) where Salami JCA (as he then was) held that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious steps should be taken to civilianise the polity and thereby ensure the survival of and sustenance of democracy.”

    Falana advised the military to focus more on the war against insurgency in the north-east while the police and allied security agencies should be allowed to enforce the COVID-19 regulations and guidelines.