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  • It’s illegal to confirm new AMCON chairman – Falana

    It’s illegal to confirm new AMCON chairman – Falana

    Activist lawyer, Femi Falana (SAN) has said that the Senate is legally prohibited from confirming the appointment of a deputy governor of Central Bank of Nigeria (CBN) Mr. Edward Adamu appointment as the Chairman of the Asset Management Corporation of Nigeria (AMCON) Board.

    He said this was because the five-year tenure of the current occupant of the office, Muiz Banire (SAN) has not expired by effluxion of time.

    Falana argued that if the Senate proceeds to confirm the appointment of Adamu, “all actions and decisions of the AMCON board under his chairmanship are liable to be set aside on account of the illegality of his appointment.

    “Even though Dr. Banire has said that he is not bothered by his purported removal from office, the issues involved transcend his person”, he said, adding “since AMCON is battling with the recovery of not less than N5.4 trillion from members of the comprador bourgeoisie, the Senate cannot afford to ratify illegal appointments of the members of the board of AMCON”.

    Falana stated this in a statement issued in Lagos entitled, “Why Senate Cannot Confirm MR. Edward Adamu as AMCON Chairman”

    According to Falana, “Dr. Muiz Banire SAN, the current Chairman of the board of the AMCON was appointed in July 2018. His nomination was made by President Muhammadu Buhari and confirmed by the 8th session of the National Assembly.

    “The said appointment was made pursuant to section 10(3) of the Act to the effect that “A member of the Board appointed pursuant to this section-(a) shall hold office for a term of five years;…

    ” Since the appointment has not expired the President has not removed Dr. Banire from office under the relevant provisions of the Asset Management Corporation of Nigeria Act, 2010.

    “However, by a letter dated 10th day of December, 2019, President Muhammadu Buhari requested the Senate to confirm the nomination of Mr. Edward Adamu, a Deputy Governor of the Central Bank of Nigeria as the new Chairman of AMCON. The nomination is said to been made pursuant to Section 3(a) of the Asset Management Corporation of Nigeria (Amendment No. 2) Act, 2019 which has amended Section 10 of the principal Act by providing for “a part-time Chairman who shall be a Deputy Governor in the Central Bank of Nigeria to be nominated by the Central Bank of Nigeria” to head AMCON”.

    But Falana contended that such provision as contained in Section 3(a) of the 2019 Amendment Act can only operate in futuro as it cannot nullify or annul an appointment made under the law before the amendment of the AMCON Act.

    “In other words, since the amendment cannot operate retrospectively the appointment of Mr. Adamu cannot take effect until Dr. Banire has served his full term unless he decides to resign before the expiration of his 5-year tenure.

    Read Also; Senate confirms Nami, Adamu for FIRS, AMCON
    This submission accords with section 6 (1) (c) of the Interpretation Act which provides that the repeal of an enactment shall not “affect any right, privilege, obligation or liability accrued or incurred under the enactment.”

    To support his submission the matter, Falana said the provision of the law was already given judicial endorsement in the case of Mr. Salami Afolabi & ORS. V. Governor of Oyo State & ORS. (1985) LPELR-SC.251/1984 where Oputa JSC of blessed memory held:

    “Generally speaking, retrospective laws are prima facie of questionable policy and contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought, when introduced, to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law – See Willes, J. in Phillips v. Eyre (1870) L.R. 6 Q.B. 89; see also Scrutton L.J. in Ward v. British Oak Insurance Co. Ltd. (1932) 1 K.B. 392 at p. 397.

    “Prima facie therefore a new legislation will deal with future not past events. If it were not so, the Act might annul rights already acquired, while the presumption is against this intention.

    “Coming to the policy of the court, the consensus of judicial opinion is that the courts lean against interpreting an Act or Law as to deprive a party of an accrued right. Perhaps no rule of construction is more firmly established than this, that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards a matter of procedure”, he argued.

  • Falana writes AGF, demands Sowore’s immediate release

    Falana writes AGF, demands Sowore’s immediate release

    Human rights lawyer Femi Falana (SAN) has written to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN, seeking the release of the convener of #RevolutionNow protest, Omoyele Sowore, from the custody of the Department of State Services (DSS).

    In the letter dated December 13, 2019, Falana urged the AGF to use his office to direct the DSS to release Sowore from custody in line with the order of the Federal High court admitting him to bail pending trial.

    Falana’s letter was titled, ‘Request For The Release Of Omoyele Sowore From Illegal Custody.’

    It follows an earlier announcement by the AGF office that it had taken over the prosecution of Sowore and his co-defendant, Olawale Bakare, from the DSS.

    It read; “Following the announcement of your decision to take over the case of Federal Republic of Nigeria v Omoyele Sowore & Another, two members of the legal defence team visited the headquarters of the State Security Service on December 13, 2019, to demand the immediate release of Sowore from illegal custody.

    “Our colleagues were however advised to direct the request to your office in view of the fact that you have taken over the case from the State Security Service.

    “In the light of the foregoing, we hereby request you to use your good offices to direct the State Security Service to release Sowore from custody in line with the order of the Federal High court admitting him to bail pending trial.

    “We are confident that you will not hesitate to grant our request as no court has issued any remand order for his detention,” the letter read in part.

    The AGF’s decision to take over the case follows criticism of the invasion of the Federal High Court in Abuja by the operatives of the DSS to re-arrest Sowore on December 6th.

  • Falana writes AGF Malami, calls for Sowore’s release

    Falana writes AGF Malami, calls for Sowore’s release

    Human rights lawyer, Mr Femi Falana, SAN, has written to the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), calling the release of the convener of ‘RevolutionNow’ protest, Omoyele Sowore, from the custody of the Department of State Services.

    Falana’s letter, dated December 13, 2019 and made available to journalists on Sunday, followed the Friday’s declaration by the AGF office that it had taken over the prosecution of Sowore and his co-defendant, Olawale Bakare, from the DSS.

    The AGF’s takeover of the case was informed by the widely condemned invasion of the Federal High Court in Abuja by the operatives of the DSS to re-arrest Sowore on December 6.

    Falana, who heads the defence team of the two men, informed Malami that his letter became necessary after two lawyers in the team visited the DSS headquarters in Abuja to demand Sowore’s release but were instructed to direct their request to him (Malami).

    The letter titled, ‘Request for the release of Omoyele Sowore from illegal custody’, read, in part, “Following the announcement of your decision to take over the case of the Federal Republic of Nigeria V Omoyele Sowore and another, two members of the legal defence team visited the headquarters of the State Security Service on December 13, 2019 to demand the immediate release of Sowore from illegal custody.

    “Our colleagues were however advised to direct the request to your office in view of the fact that you have taken over the case from the State Security Service.

    “In the light of the foregoing, we hereby request you to use your good offices to direct the State Security Service to release Sowore from custody in line with the order of the Federal High Court admitting him to bail pending trial. We are confident that you will not hesitate to grant our request as no court has issued any remand order for his detention.”

     

  • Falana tackles Malami: ‘Dismiss criminal charges against Sowore, Bakare now…’

    Human rights lawyer, Mr. Femi Falana (SAN), on Friday, asked the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), to withdraw pending criminal charges against his clients, Mr. Omoyele Sowore and Olawale Bakare.

    Falana said in a statement that there was no evidence to get the ‘RevolutonNow’ protests conveners convicted.

    He was reacting to an announcement by the AGF office on Friday that a letter had been sent to the Department of State Services to hands off the case involving Sowore and send the case files to his office.

    The operatives of the DSS invaded the Federal High Court in Abuja to rearrest Sowore on December 6.

    The rearrest, which led to the disruption of court proceedings presided over by Justice Ijeoma Ojukwu, came less than 24 hours after Sowore and Bakare were released from custody where they had been held for over four months.

    Falana said the court invasion by the DSS was what prompted the AGF to take over the prosecution of his clients.

    He, however, noted that despite the directive by the AGF for the DSS to hands off the case, the DSS was still bent on fishing for evidence to file fresh charges against his clients.

    He stated, “Convinced that the pending case would collapse like a pack of cards, the SSS is currently fishing for evidence to nail Sowore.

    “In spite of the directive of the AGF to hands over the case, the SSS subjected Sowore to a four-hour interrogation yesterday (December 12, 2019).

    “The entire interrogation pertained to Sowore’s alleged links with the proscribed Boko Haram sect, IPOB, and IMN which he vehemently denied.

    “At Sowore’s instance a member of the legal defence team, Mr. Abubakar Marshal, witnessed the marathon interrogation. The plan is to charge Sowore with terrorism as a follow-up to the unsubstantiated allegations of a presidential media aide.

    “In the light of the foregoing, we urge the AGF to file a nolle prosequi motion to end the macabre dance which has exposed the country to avoidable embarrassment.”

    He insisted that the action the AGF had so far taken on the prosecution of Sowore and his co-defendant was not a takeover “because it was the AGF that filed the case of September 20, 2019, and farmed it out to Dr. Hassan Liman, SAN”.

    He added, “But in view of the violent invasion of the court by the armed operatives of the SSS the AGF has decided to sack the external prosecution team and have the case prosecuted by the Department of Public Prosecution.”

  • Sowore: DSS invasion of court room to make arrest has never happened in Nigeria before – Falana

    Sowore: DSS invasion of court room to make arrest has never happened in Nigeria before – Falana

    Femi Falana, Senior Advocate of Nigeria and lawyer has narrated the build-up to Sowore and Bakare’s rearrest by the DSS at a Federal High Court in Abuja, barely 24 hours after their release from DSS custody.

    Falana who is the lawyer to activists, Omoyele Sowore and Olawale Bakare said: “This morning, the SSS lawyers and the lawyers of the Attorney-General reported to the court that the order of the court had been complied with and I confirmed because our clients were released last night.

    “As soon as the court adjourned the matter till February next year, the SSS operatives pounced on the court, disrupted proceeding and then attempted to arrest our clients even in the web of the court, that was extremely embarrassing because it has never happened in Nigeria where you enter a court to arrest anybody, even an alleged coup plotter.

    “The atmosphere was very rowdy, but I insisted that the arrest could not be carried out within the precinct of the court.

    “He was going to be arrested outside the premises but there was a crowd that resisted the arrest, but I appealed to everybody and asked Sowore to jump into my car and so we drove to the office of the SSS because they said he will just answer a few questions, but now he is being detained.

    “We are going to take steps under the law by asking for his release again since they are claiming this is a fresh arrest.

    “Nobody has disclosed yet what his charges are; he couldn’t have committed any other offence because he has been detained for the past four months unless the SSS wants to tell the whole world that he committed this fresh offence while in their custody,” he stressed.

    Mr. Sowore and Mr Bakare who were released at about 7:15 pm on Thursday are facing seven counts bordering on conspiracy to commit treasonable felony, money laundering and cybercrimes, amongst others.

    They were arrested on August 3, days before a planned #RevolutionNow protest against “bad governance” in the country.

  • Falana worries over bail condition imposed on Sowore

    Falana worries over bail condition imposed on Sowore

    Activist lawyer, Femi Falana, SAN, has expressed concern that one of the bail conditions imposed on detained publisher of the Sahara reporters, Omoyele Sowore, by the court is the type that would confine him to a specific part of the country even after meeting other conditions.

    Falana said he could recall that the last time such restrictive condition was levied on someone, happened during the colonial era, citing activist trade unionist, late Pa Imodu whose movement was restricted to Auchi, Edo State, for three years by court order before he was eventually allowed to relocate to Lagos as an example.

    The human rights lawyer who made this known in Abeokuta, the Ogun State capital, yesterday during the 2019 annual general conference of the Committee for Defence of Human Rights(CDHR), though, did not specify the form of restriction imposed on Sowore.

    Falana who was the chief host of the conference themed: “Appraising Human Rights and Security for the Survival for Democracy in Nigeria,” called on the nation’s human rights groups to wake up, unite and return to the trenches to battle an emerging dictatorship in the country.

    He also urged all activists and human right groups to reenact the same activism that saw the exit of military regime from power in the country, expressing the confidence that “no dictator can defeat the Nigerian people because a people united can never be defeated.”

    He said: “I believe you are all aware of Omoyele Sowore, for those of you who are not lawyers, you may not understand the bail condition imposed on Sowore.

    “The last time we have such bail condition was under the former colonial regime where people were reported and restricted to a particular part of the country.

    “I can recall that of pa Imodu, he was restricted to Auchi area for three years before he could come back to Lagos, that is where we are.

    “CDHR needs to get all other human right groups together, unite and do what we use to do during the military regime because no dictator can defeat the Nigerian people because a people united can never be defeated.”

    Also speaking, the guest lecturer, Prof. Ibidapo Obe of the Faculty of Law, University of Lagos, identified right to privacy and right to self-determination as parts human rights guaranteed in the United Nations human rights charter.

    Prof. Obe said it is the right of the separatist agitators to demand exit from any union they deemed unfair to them provided the quest for self-determination is carried out within the ambit of law and civility.

    He equally decried the invasion of the privacy of the First Lady, Aisha Buhari, by certain occupant of the Aso Rock whom he alleged videotaped her when she was reacting angrily to an unpleasant situation.

    He lamented that the experience of Aisha Buhari gives the impression that Nigerians are living in a mass surveillance environment, saying the “right to privacy does not mean anything anymore” in the country.

    One said:”The right to privacy is the right to privacy of your person and home. I was reading in the newspapers and I saw – ‘Aisha apologises to Nigerians over viral video’- ladies and gentlemen, that is the tip of the Iceberg, Aso Rock is under surveillance but not by people instructed to do so but by dark forces, shadow presidency. If Aishat Buhari’s privacy is not assured, how about you and me?

    “We are living in a mass surveillance society, our right to privacy does not mean anything anymore.

    “The Aishat situation is more of a symbol of a shadowing Presidency of a deep state. We all say SAI baba but baba is ruling but not in power, the people in power are the people giving our vice President a run for his money, trying to undermine him, create enmity.

    “The other time I talked about shadow presidency, is that a transparent government? Some people are more powerful than the man we elected in government, the Dauras of this world.

    “If somebody can take a phone and start taking the photograph of the first lady while the first lady is shouting, who then is more powerful? Is it the first lady that is shouting in agony or the person taking pictures to put on internet to make it go viral ? That is the most treasonable act that I have even seen.

    “The first lady has apologised and we accept her apology because the rich also cry, Aishat is crying now and we must support and fight for her.”

  • Nigerian universities breeding zombie students – Falana

    Nigerian universities breeding zombie students – Falana

    Mr Femi Falana, a Senior Advocate of Nigeria (SAN), on Friday has called on all Nigerian universities to allow student unionism thrive so as to produce graduates who will be critical thinkers and not robots or zombies.

    Falana, a former student unionist at Obafemi Awolowo University, said this while delivering the 9th Convocation lecture of Caleb University, Imota, Lagos, titled: “Managing Freedom and Illusions of Achievement”.

    He lamented that instead of producing critical thinkers, our universities have specialised in producing robots, as the lack of student unionism in public and private universities is breeding zombies.

    The legal luminary noted that students and staff unions would contribute meaningfully to the search for solution to the myriad of problems confronting the country if they are allowed to operate without fear of proscription.

    “Our first generation universities were citadels of learning, as they promoted ideas and encouraged students to challenge the status quo.

    “It is on record that some of the best legislators in the country were former members of the students’ parliaments.

    “There were progressive lecturers who spoke truth to power without harassment from the management of tertiary institutions,” he said.

    According to him, there must be a deliberate policy on the part of progressive students to take the National Association of Nigeria Students (NANS) back from the government.

    Falana said effort must also be made to re-position NANS to defend and protect the interest of students.

    “The other day, an alumnus of a private university was charged for cultism and cyber crime, denied bail and detained in a prison for many months for criticising the facilities in his alma mater.

    “Six lecturers have just been dismissed in another state university for exposing mismanagement of the funds allocated to the school.

    “To cover up such corrupt practices and other iniquities, the management of the university have subjected all academic and Non-Academic staff to swear to an oath of secrecy,” he said.

    The SAN said the laws of the land and the rules and regulations of every tertiary school should be observed and respected by all and sundry.

    According to him, it is only by following laid down rules that impunity and abuse of office could be fought and defeated in the society as a whole.

    Falana, however, charged Nigerian graduates and youths to team up with people of like minds to engage in political activities.

    He said the politics of the country should no longer be left in the hands of professional politicians who have proven themselves incapable to address the crisis of underdevelopment.

    The eminent lawyer said the development of Nigeria depends on its great human assets, especially the youth, as you cannot develop a knowledge economy without huge deliberate investments in human capital in the areas of education and health.

    Falana said that the future of Nigeria is not oil but the economy has to be opened up and expanded to create jobs because without industrialisation the economy could not develop.

    Prof. Nosa Owens-Ibie, Acting Vice -Chancellor, Caleb University, said that the institution churned out 733 graduates compared to 409 and 477 graduates it produced in 2017 and 2018 respectively.

    Owens-Ibie said out of the 688 graduates, 556 are undergraduates and 179 postgraduates.

    He said 24 students made first class at the undergraduate class, 235 made second class upper, 255 made second class lower, while 40 graduates made third class.

  • Sowore: Falana threatens to pursue contempt proceedings against DG DSS

    Mr Femi Falana, a Senior Advocate of Nigeria and counsel to detained activist, Omoyele Sowore has reacted to the claim of the Department of State Services(DSS) that the order of the federal high court for Sowore’s release has not been served on the organisation.

    Falana countered that the certified true copy of the order was received and acknowledged by Mr. Ayuba Adam of the Legal Department of the SSS on 24 September 2019. The senior lawyer, who is also a leading human rights advocate threatened to pursue contempt proceedings filed on Thursday against the Director-general of the DSS, Yusuf Magaji Bichi for disobeying a lawful order of the court.

    ” We are compelled to advise the Director-General of the SSS to comply with the valid and subsisting order of the federal high court for Mr. Sowore’s release forthwith. Otherwise, we are going to pursue the contempt proceedings initiated this morning to a logical conclusion”, Falana said.

    Read Falana’s press statement:

    “For the avoidance of doubt, I also sent the copy of the order to the Director-General of the State Security Service via whatsApp. Assuming without conceding that we did not serve the order, was the security agency not briefed by its lawyer who had strenuously opposed the application for Mr. Sowore’s release on the nebulous ground of national security?”

    “Even though the Honourable Justice Taiwo had rejected the submissions of the SSS Counsel and ordered Mr. Sowore’s release from illegal custody since the detention order had expired the SSS has continued to detain our client without any legal justification.

    “I have visited the headquarters of the SSS at Abuja daily for the past three days since the Court has ordered that Mr. Sowore be released to me. But on each occasion I was advised to exercise patience as the DG of the SSS was holding meetings with his staff.

    “However, we are compelled to advise the Director-General of the SSS to comply with the valid and subsisting order of the federal high court for Mr. Sowore’s release forthwith. Otherwise, we are going to pursue the contempt proceedings initiated this morning to a logical conclusion.

    “We are no longer going to accept a situation whereby a government which claims loudly to operate under the rule will disobey court orders with brazen impunity.

    “Kindly find attached a copy of the order received and signed for on 24th September, 2019 by Mr. Ayuba Umar and the affidavit of compliance confirming that Mr. Sowore’s passport had been deposited with the Registrar of the Court in line with the order of the Honourable Justice Taiwo.

    Femi Falana SAN.”

  • Why Sowore was not released yesterday – Falana

    A human rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana has said that the Convener of #RevolutionNow protest, Omoyele Sowore, was not released yesterday by the Department of State Services (DSS) because his international passport, which the court asked him to deposit, was in Lagos.

    Justice Taiwo Taiwo of the Federal High Court Abuja yesterday ordered the immediate release of Sowore who has been in custody of the DSS, since August 3, 2019.

    Justice Taiwo said the release was contingent on the grounds that the order of detention made on August 8, has elapsed.

    The court ordered that Sowore would not be kept longer than the 45 days granted by it without a fresh application for his further detention.

    The 45 days elapsed on September 21.

    When the matter came up Monday, the court held that following the expiration of the detention order for 45 days and the absence of any application for Sowore’s further detention, the court is inclined to order for his release.

    The prosecution had initially applied for the extension of the order for another 20 days.

    However, the prosecution counsel, Godwin Agbadua announced withdrawal of the application of the motion, adding that the defendant had already been charged with treasonable felony, money laundering as well as insulting the president.

    He submitted that filing of a criminal charge that carries punishment of death is enough grounds for the court to allow for the detention of Sowore.

    “The moment information is filed such a person cannot be said to be held illegally”, he said.

    However, Sowore’s lawyer, Falana, reacting said, filing of an information cannot metamorphous into a remand order.

    Falana also submitted that treasonable felony, one of the charges against Sowore was not a capital offence.

    “He cannot ask the court to detain a citizen prospectively or in anticipation of arraignment of a defendant under his custody,” Falana said.

    He subsequently urged the court to make a consequential order for the release of Sowore since the earlier order expired on September 21.

    Justice Taiwo in a short ruling held that there is no application before him for extension of the detention order and that there is evidence that the prosecution has concluded its investigation of the defendant.

    He, accordingly ordered for the immediate release of Sowore.

    Justice Taiwo ordered that Sowore be released to his lawyer, Falana, who must produce him whenever he is needed.

    He, however, ordered that Sowore deposits his international passport with the court.

    But Falana told newsmen yesterday that Sowore could not produce the passport because it was in Lagos.

    The senior lawyer said the Publisher of Sahara Reporters will regain his freedom today after producing the document.

     

  • FG’s proposed VAT increase illegal – Falana

    FG’s proposed VAT increase illegal – Falana

    The proposed increase in value-added tax (VAT) has met quite a number of criticisms and the latest is from human rights lawyer, Mr Femi Falana, who opined that the federal government was in violation of the law if the National Assembly has not passed a bill to that effect.

    Mr Falana disclosed this during an interview with the News Agency of Nigeria (NAN) in the nation’s capital, Abuja. He advised the federal government to propose a money bill to the parliament before implementation of the increase.

    “It’s illegal, under a democratic dispensation. You cannot impose a tax or increase tax without a law made by the National Assembly or the State Assembly as the case may be,” the legal luminary said.

    “In this case, it has to be realised that we are not under a military dictatorship,” he added.

    Mr Falana said the upper chamber of the national assembly didn’t follow protocol by inviting the minister of finance to clarify the issue.

    “The Senate erred in law by inviting them to come and clarify, the National Assembly has invited the Minister of Finance and the Federal Inland Revenue Services to come and clarify.

    “By virtue of section 59 of the Nigerian Constitution, any increase, levy or tax will have to be presented to the National Assembly by way of money Bill by the President, it has to be passed into law,” the senior lawyer said.

    He then called on the federal lawmakers to insist on passing a law before the proposed increase can be implemented.

    Recall that the Minister of Finance, Mrs Zainab Ahmed, had announced that the federal executive council (FEC) approved an increase in VAT from 5 percent to 7.5 percent to take effect from 2020.

    But Mr Falana said, “The Federal Executive Council has no power under the Constitution to increase VAT or any tax in the country.”

    “No, the National Assembly must insist on its powers under Section 59 to pass a law to increase VAT or any tax, there can be no taxation without legislation,” he stressed.