Showing posts with label Femi Falana. Show all posts
Showing posts with label Femi Falana. Show all posts

Thursday, 23 June 2016

Adeboye

EFCC Can Prosecute Fayose As Sitting Governor – Falana


Human rights lawyer, Femi Falana has declared that the Economic and Financial Crimes Commission (EFCC) can investigate and prosecute the Ekiti State Governor, Ayodele Fayose, even as a sitting governor.The human rights lawyer in a statement on Wednesday said Fayose could not rely on section 308 of the 1999 Constitution to escape criminal act.

He said the immunity clause did not come to play in criminal investigation of a sitting governor or a sitting president.
Falana added that in view of the fact that the effect of section 308 of the 1999 Constitution had been watered down, Fayose could not invoke the immunity clause to shield himself from investigation.”


“While not challenging the allegation by the EFCC that the sum of N1.3 billion has been traced to his personal account, Mr. Fayose has attempted to hide under the immunity clause to shield himself from investigation. Contrary to the governor’s claim he does not enjoy immunity from investigation with respect to his criminal involvement in treasonable conduct and corrupt practices.
“It is trite law that all the public officers protected by Section 308 of the Constitution can be investigated for corruption and other criminal offences.
“If he is indicted, Fayose ought to be prosecuted by the EFCC since the immunity of a governor is put in abeyance when the legitimacy of his election is in dispute. In his desperate bid to divert public attention from the ongoing investigation of the criminal diversion of public funds, Fayose has attempted to link me with his indictment by the Nigerian Army and the EFCC.
“Notwithstanding that the allegation is completely baseless, I fully support the investigations. I do not need to instigate the anti-graft agencies to enquire into the activities of a serial treasury looter.
“Having admitted his involvement in the coup which occurred in Ekiti State which culminated in his emergence as the Ekiti State governor, Fayose ought to be prosecuted for treason which arose from the electoral malfeasance,” he said.Falana added that “the senior lawyers who have questioned the freezing of Mr. Fayose’s account on the ground that the EFCC did not obtain a court order have not read section 28 of the EFCC Act which provides that

“where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court”. The law permits the EFCC to freeze an account or attach a property of a criminal suspect and proceed thereafter to obtain an ex parte order from the appropriate court.
“I am not unaware that by the strict interpretation of section 308 of the Constitution no court process can be issued or served on a governor. But because immunity cannot be pleaded or invoked to cover electoral fraud, elected governors are served with court processes and dragged to court to respond to allegations of electoral malpractice.
“However, in order to give effect and validity to the equality of the rights of all contestants in presidential or governorship elections, it has been held by the Supreme Court that immunity clause cannot be invoked in election petitions. Otherwise, public officers covered by the immunity clause may take advantage of their positions to rig elections and thereby sabotage the democratic process.”Falana cited different judicial precedents that justified the criminal investigation and prosecution of a sitting governor or a sitting president in connection to electoral malpractice, noting that immunity clause did not apply.


PM News
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Friday, 3 June 2016

Adeboye

Lawyers Led By Falana To Sue FG For Rights Violation


Human right lawyers led by Femi Falana (SAN) have started filing suits against the Federal Government for human rights violation in the country.
Falana disclosed this on Friday in a statement titled:

“Demand for immediate release of detained labour leaders.”He said the action was taken because the Mohammadu Buhari administration is not prepared to protect the human rights of the traumatised Nigerian people.


The Nation reports Falana said a team of human rights lawyers have been instructed to challenge the increasing human rights violations in the country.

He commended Mr. Femi Aborisade who has offered his pro bono services to the detained teachers in Oyo State.
The activist cited some incidences to butress his claim of human rights violations in the country.
He recalled:

“on May 30, 2016 the army unleashed mayhem at 0nitsha, Anambra State to prevent the members of the indigenous People of! Biafra (IPOB) from embarking on a peaceful rally to mark the 30th anniversary of the declaration of the Republic of Biafra.
“During the military attack, many people were killed, while others were severely wounded.“In justifying the illegal attack, the army was reported to have claimed that five protesters were killed, while nine others were injured in self defence.”Falana described what he termed “unprovoked attack” as “barbaric violation of the fundamental rights to life, dignity of person, freedom of expression, association and assembly of the protesters.”
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Monday, 30 May 2016

Adeboye

Falana, Rewane, Others React As Buhari Fails To Name Looters


Some legal practitioners and economists have expressed support for the refusal of President Muhammadu Buhari to unveil the names of looters and the amount of looted assets so far recovered.

The President, had, in an interview in London, while attending the anti-corruption summit organised by British Prime Minister, David Cameron, recently, promised to disclose the figure in his Democracy Day address to the nation.


Buhari, however, on Sunday, dashed the hopes of millions of Nigerians who were waiting to be told how much his administration had so far recovered from individuals and firms accused of looting the nation’s treasury.

In his nationwide address to mark his one year in office on Sunday, Buhari failed to disclose the figure as promised.

Rather, the President promised Nigerians that the Ministry of Information and Culture would be publishing the details which he said would be updated periodically.

He simply said “significant amount of assets” had been recovered.

Buhari promised that when forfeiture formalities were completed, the money would be put in the nation’s treasury and be spent transparently to fund developmental projects.

The President said, “The processes of recovery can be tedious and time-consuming, but today, I can confirm that thus far, significant amount of assets have been recovered. A considerable portion of these are at different stages of recovery.

“Full details of the status and categories of the assets will now be published by the Ministry of Information and updated periodically.”

A Senior Advocate of Nigeria, Mr. Femi Falana, and Lagos-based lawyer, Jiti Ogunye, said on Sunday that Buhari’s directive to the Minister of Information to release details of the looted funds periodically, was in order.

In separate telephone interviews with one of our correspondents, the human rights lawyers believed the President’s directive the ministry was the best approach.

“That is the correct approach because it is an ongoing process,” Falana said.

But the Executive Secretary of Anti-corruption Network, Ebenezer Oyetakin, said Buhari’s speech did not meet the expectations of most Nigerians, who expected him to name the corrupt elements as he promised.

Oyetakin stated that the people also expected some shake-up in the structure of government, adding that disappointment occurred because people thought that Buhari would never say what he would not do.

He added, “He must embrace immediately a single policy that is capable of disarming the moneybags, who uses their stolen wealth to sponsor destabilisation projects. He must as a matter of urgency and courage deflates such people immediately before they rocked his government.”

Ogunye said he would not have expected the President “to be reeling out names of looters in his Democracy Day speech”.

He said, “The President cannot be reeling out the names of looters in his speech because there is no way he will give details of the recovered loot without giving the names of the looters or from whom what amount was recovered.

“It is the duty of the Minister of Information to speak for the government. The strategy adopted by the President is the best.”

Falana however said the Buhari administration had yet to address “some inbuilt leakages” in government’s funds.

He argued that the government needed to mobilise other anti-corruption agencies in the country in the fight against graft, contending that the Economic and Financial Crimes Commission was already overwhelmed by the huge number of cases it was contending with.

He said, “The other anti-graft agencies ought to be reorganised. More importantly, the government should mobilise the Nigerian people to own and take over the fight against corruption.”

Falana stated that the Buhari administration’s fire brigade approach would not solve the current economic crisis in the country.

He said, “The economy cannot be fixed through the fire brigade approach of the government. Why should the Central Bank of Nigeria be wasting the country’s scarce foreign reserves on the importation of consumer goods for our pampered elite?

“The goods produced by companies funded by the bank are not patronised because imported ones are cheaper.

“Why has the CBN not increased duties on imported goods, which can be produced locally? In some of our neighbouring countries, public officers wear locally produced dresses. Can’t the government lead by example?”

Also, the Managing Director and Chief Executive Officer, Financial Derivatives Company Limited, Mr. Bismarck Rewane, said, “He is not going to mention it (list of looters) in a broadcast. The President said ‘the government’; he didn’t say he would mention it himself.

“So, the government will still mention it.”

On the plan to keep the Naira exchange rate steady, Rewane stated, “It is a national wish. Every government strives for currency stability. But the markets are the ones that determine the value. So, I think the President is coming to terms with the fact that markets work in a modern-day economy, and what the government can do is to strive to make sure that it is stable within the parameters of market forces.”

On his part, Prof. Sheriffdeen Tella of the Department of Economics, Olabisi Onabanjo University, said, “About the three or four days ago, the EFCC chairman was asked and he said they were still compiling the list and that some money was just coming in, which has not been properly recorded. So, that could be responsible for the delay.’’

Tella, who described the President’s speech as inspiring, said, “He knew that he has not done much, and he couldn’t have done much within the given time, considering the magnitude of what he met on the ground.

“My only concern is that you put money into the economy and you find that all the things you are going to buy are imported. If they are leading to improvement in local production, I think it will be good for us.’’

Tella stressed the need for a national plan to drive the growth and development of the economy.

Buhari again read the Riot Act to the Niger Delta Avengers, who have been vandalising pipelines in the Niger Delta, saying the perpetrators and their sponsors would be apprehended and brought to justice.

He said his administration was committed to implementing the United Nations Environment Programme report and was advancing clean-up operations.

“The recent spate of attacks by militants disrupting oil and power installations will not distract us from engaging leaders in the region in addressing the Niger Delta problems.

“If the militants and vandals are testing our resolve, they are much mistaken. We shall apprehend the perpetrators and their sponsors and bring them to justice,” the President vowed.

Buhari described his one year in office as “a year of triumph, consolidation, pains and achievements.”

He accused the previous government of not saving for a rainy day when there was oil boom and leaving critical infrastructure in decrepit state.

The President said, “The past years have witnessed huge flows of oil revenues. From 2010, average oil prices were $100 per barrel. But economic and security conditions were deteriorating.

“We campaigned and won the election on the platform of restoring security, tackling corruption and restructuring the economy.

“On our arrival, the oil price had collapsed to as low as $30 per barrel and we found nothing had been kept for a rainy day. Oil prices have been declining since 2014 but due to the neglect of the past, the country was not equipped to halt the economy from declining.”

The President said the measures to be taken might lead to hardships.

Buhari added, “We resolve to keep the Naira steady, as in the past, devaluation had done dreadful harm to the Nigerian economy. Furthermore, I supported the monetary authorities’ decision to ensure alignment between monetary policy and fiscal policy.

“We shall keep a close look at how the recent measures affect the Naira and the economy. But we cannot get away from the fact that a strong currency is predicated on a strong economy.

“And a strong economy pre-supposes an industrial productive base and a steady export market. The measures we must take, may lead to hardships.”

The President stated that his administration identified 43,000 ‘ghost’ workers, therefore saving the government N4.2bn in salaries.

Apart from making savings, Buhari said his administration had changed the way public money was spent.

The President explained the rationale behind the recent increase in fuel price to N145 per litre, describing the decision as painful.

Buhari added, “It is even more painful for me that a major producer of crude oil with four refineries that once exported refined products is today having to import all of its domestic needs. This is what corruption and mismanagement have done to us and that is why we must fight these ills.”

He said the policy measures and actions taken so far by his administration should not be seen as some experiment in governance, stressing that he was fully aware that the vested interests, who had held Nigeria back for so long, would not give up without a fight.

“They will sow divisions, sponsor vile press criticisms at home and abroad, incite the public in an effort to create chaos rather than relinquish the vice-like grip they have held on Nigeria,” he said.

The President said the economic misfortune the nation was experiencing in the shape of very low oil prices had provided his government with an opportunity to restructure the economy and diversify.

He said his administration was in the process of promoting agriculture, livestock, exploiting solid mineral resources and expanding industrial and manufacturing base.

Buhari expressed delight in the return of two of the abducted Chibok girls, saying he had been in agony over the fate of the over 200 girls kidnapped in their school in Borno State in 2014.
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Sunday, 15 May 2016

Adeboye

$200bn Revenue Recovery: Adeosun Says Falana’s Request Getting Attention


The Minister of Finance, Mrs. Kemi Adeosun, has said she is attending to the advice by human rights lawyer, Mr. Femi Falana (SAN), asking the Federal Government to focus on recovering about $200bn outstanding revenue instead of obtaining foreign loans.

Falana had in his letter to the minister entitled, ‘Request for the collection of outstanding revenue of $200bn withheld from the Federation Account or stolen by looters’, threatened to sue the Federal Government if his request was not taken seriously.

His letter had partly read, “In the light of the foregoing, we are compelled to call on the Federal Government to muster the political will and courage to recover the aforesaid withheld or stolen wealth of not less than $200bn belonging to the Nigerian people.

“However, if you refuse to accede to our request we shall have no alternative than to initiate legal proceedings at the Federal High Court with a view to restraining the Federal Government from further plunging the nation into external indebtedness.”

The minister through her ministry’s Director, Legal Services, Mrs. Rhona N. Dimude, replied Falana through a terse letter dated May 6, 2016 and with reference number F/LEG/103016/15.

The reply read, “I am directed to acknowledge receipt of your letter dated February 12, 2016 on the above mentioned subject and to inform you that the matter is receiving attention.

“Please accept the warm regards of the honourable minister.”

Falana had in two letters dated February 12, 2016 and May 6, 2016 to the minister, advised the Federal Government against plunging the nation into more indebtedness by obtaining foreign loans.

He said instead of “plunging the nation into more indebtedness” the Federal Government should intensify efforts to recover some funds totaling about $200bn which was either not remitted to the Federation Account or stolen from the nation’s treasury.
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Friday, 13 May 2016

Adeboye

Fuel Subsidy: Falana Condemns Price Hike As Tinubu Backs Buhari


A former Lagos State Governor and National Leader of the All Progressives Congress, Asiwaju Bola Tinubu, has described the decision of the President Buhari-led Federal Government to remove petrol subsidy as courageous.
The government, through the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, on Wednesday, announced the removal of the subsidy on petrol, pegging the upper limit at N145 per litre from N86.50k.

In a statement in Lagos on Thursday, Tinubu said though the decision was a difficult one, it would ultimately become beneficial to the generality of the people instead of enriching the pockets of a few Nigerians, who enjoyed the fraud of the subsidy regime.
But human rights lawyer, Mr. Femi Falana, disagreed with Tinubu’s position, condemning the Federal Government decision on the price increase and described the action as illegal and immoral.
The Senior Advocate of Nigeria warned Buhari not to allow the “parasitic ruling class” to hijack his administration.
Falana, in a statement on Thursday, said the hike in the petrol pump price was contrary to the promise made by Buhari to the Nigerian masses while campaigning to be President.
He said by deregulating the downstream sector, the Federal Government was disobeying a court judgment obtained by the late human rights lawyer, Bamidele Aturu, against the Federal Government in a suit, marked FHC/ABJ/CS/591/2009.
According to Falana, the court had declared as unlawful the deregulation of the downstream sector of the petroleum industry because it was contrary to the combined provisions of the Price Control Act and the Petroleum Act.
Tinubu, however, argued that the subsidy regime on petrol had been bastardised beyond redemption, saying it would be a waste of time to attempt to sanitise subsidy payments.
The ex-governor added, “The president’s decision to reallocate funds once earmarked for the fuel subsidy and commit those funds to other more socially productive services and undertakings was a difficult decision. It was also a necessary one.
“Over the years, the operation of the measure was distorted to where it no longer functioned for the benefit of the masses but for the undue enrichment of a small club of businessmen, some legitimate in their work, some not.
“Instead of remaining a positive aspect of the social contract, the subsidy was transformed into an opaque haven of intrigue and malfeasance. It was turned into a shadowy process from which the unscrupulous extracted large sums of money without providing the services and products duly paid for. Fake businessmen became true billionaires over- night as if by supernatural force.
“To allow this unfairness to continue would have been a breach of the promise made by this government to the people.”
Tinubu added that the way out of the fraud inherent in the payment of subsidy on petroleum products was to end it altogether.
He stated, “It became a weapon of profiteering. The machinery of the subsidy had become so polluted that it was no longer feasible to talk about reforming it. Either it had to cease or we would have to surrender to the corruption now inherent in it.
“President Buhari has, with this decision, put an abrupt and just end to this assault against our economy and political system. He has made a courageous and prudent decision. It is time to end the fuel subsidy and to begin to subsidise the true needs of the people.
“To Mr. President, I say congratulation for having the courage to remove the subsidy.”
The ex-governor added, for some time, I have been a proponent of this action. I believed ending of subsidy was the only sure way to put to sleep the myriad demons that had invaded the subsidy process, sucking the blood of Nigeria, swallowing much of our needed money.’’
He argued that the action would put an end to agonising queues at filling stations while some unscrupulous businessmen’s bank accounts swelled at the detriment of the people.
The APC national leader said the current situation would also attract investors to the sector.
“Nigeria has taken the historic step needed to create a competitive environment that will eliminate smuggling, provide incentives for private refineries and attract foreign investments in the downstream sector and create employment,’’ he stated.
Tinubu admitted that the removal of subsidy meant “higher fuel costs generally”, saying, “I would be lying if I said this will cause no pain or dislocation.”
He noted that the President did not end the subsidy regime essentially to save money but “for the nobler purpose of putting those same funds to fairer, more equitable use in order that government might better serve those of us who are truly in utmost need.”
The APC chief added, “Thus, I ask everyone to take a step back to coolly and objectively assess what has been decided.
“We must not make the mistake of allowing our political and sympathetic attachment to the subsidy blind us to the hard fact that the purpose and benefits of the subsidy had long ago been taken from the common man to reside in the purse of elite few.
“We cannot persist in this imbalance and think it will help us to development. Instead, it is better to end the subsidy and use the funds to establish well-targeted anti-poverty programmes that actually assist the people in need.”
Falana wondered why the Federal Government removed subsidy, after the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, had recently claimed that the government had scrapped subsidy and was, as a result, saving $1bn and another $1bn on fuel importation.
Why urging Buhari to reverse the increase, which he described as provocative, Falana said, “At this stage President Buhari ought to prevent neo-liberal ideologues from hijacking the administration for the purpose of punishing the Nigerian people for the looting of the treasury and mismanagement of the national economy.
“Contrary to the position of the parasitic ruling class that prices of goods and services be fixed by market forces, the Federal Government has a legal obligation to protect the people from exploitation.
‘‘For instance, the virtual collapse of electricity supply has forced many corporate bodies and individuals to invest heavily in generators and diesel throughout the country.’’
Meanwhile, the Speaker of the House of Representatives, Mr. Yakubu Dogara, said on Thursday that the House would take a second look at the decision of the Federal Government to remove the subsidy on petrol with a view to finding better alternatives.
Dogara said this in Abuja when he met with a delegation from the National Council of Ulamas of the Jamatu Izalatil Bid’ah Wa Iqamatis Sunnah at the National Assembly.
The group was led by its National Assembly (Administration), Sheikh Nasir Abdulmuhyi.
Dogara said lawmakers would not support any policy that would “further impoverish Nigerians.”
He told the delegation that Buhari was seeking solutions to the myriads of the country’s challenges and would not deliberately inflict pains on Nigerians.
He stated that soon, the House would be briefed on the policy by the executive, after which members would debate it before coming to a conclusion.
Dogara spoke more, “I know that due to the nature of the leaders we have in power, if there was any way that they could possibly avoid inflicting further pain on the people, I am sure, I am sure, almost 100 per cent sure, that they will toe that path.
“So, when the decision has been taken, I am sure but it will come back to us on the floor of the House and when it comes, we will call all the parties and then, look at it.
“If there are better ways of doing it, maybe we can suggest. The overall goal of this government is to ensure that this country doesn’t collapse on our head.”
Lawmakers are currently on a brief recess and will reconvene on Tuesday, next week. The recess is to allow the Peoples Democratic Party members to attend the congresses of their party.
Dogara said on resumption next week, the subsidy issue would top the agenda of the House.
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Thursday, 5 May 2016

Adeboye

SERAP Sues FG At ECOWAS Court Over Herdsmen Killings


The Registered Trustees of the Socio-Economic Rights and Accountability Project have urged the Economic Community of West African States Court in Abuja to hold the Federal Government responsible for various violent incidents across the country leading to loss of property and human lives.

The plaintiffs accused the Federal Government of permitting human rights violations in form of killings, raping and maiming of citizens by violent herdsmen, military and police operatives because the Federal Government allegedly failed to address the situation.

The plaintiffs’ counsel, Mr. Femi Falana (SAN), who reportedly filed the suit marked ECW/CCJ/APP/15/16 on behalf of his client on Tuesday, alleged that the Federal Government had failed to prevent,investigate and prosecute perpetrators of human rights abuses including violent herdsmen and brutal police and military operatives.

Falana claimed that the alleged failure of the Federal Government to do due diligence in preventing, investigating and prosecution cases of rights abuses had occasioned a breach of the African Charter on Human and Peoples’ Rights.

According to Falana, the alleged failure of the Federal Government had also occasioned a breach of the provisions of the International Covenant on Civil and Political Rights.

For these breaches, the plaintiffs are urging the ECOWAS Court to make an order compelling the Federal Government to wake up to its responsibilities and fulfill its obligation of securing the lives and property of its citizens.

The plaintiffs also want the ECOWAS Court to compel the Federal Government to pay N50m compensation to the dependants of each of the victims of violent killings by violent herdsmen and brutal police and military operatives.

They are also urging the ECOWAS Court to order the Federal Government to undertake measures that will forestall future recurrence of unlawful killings by herdsmen, police and military operative.

In the affidavit filed in support of the suit, the plaintiffs argued that the Federal Government ought to have known that there were immediate threat and should have taken preventive measures, which it allegedly failed to take, in all those cases of violent and unlawful killings by herdsmen, police and military operatives.
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