LEDAP URGES TINUBU TO ABOLISH DEATH PENALTY

As the world marked the International Day Against the Use of the Death Penalty yesterday, the Legal Defence and Assistance Projext (LEDAP) has reminded President Bola Tinubu’s administration “of the irreversible dangers of use the death penalty, and urges its total abolition for all crimes.”

In a statement made available to CITY LAWYER and signed by Mr. Chino Obiagwu SAN (National Coordinator) and Ms. Nora Asobara (Project Officer), the leading civil society organisation “calls on the Honourable Attorney General of the Federation and Minster of Justice, Prince Lateef Fagbemi to urgently consider submitting an executive bill to the National Assembly to amend the Criminal Code and Penal Code Acts to replace provisions for death sentence with more humane punishment such as custodial imprisonment with or without possibility of parole.”

LEDAP added that “The use of the death penalty has not served any deterrence purpose against crime, and neither indeed does it satisfy the justice needs of victims or their families nor bring remedial closure to victims of crime.

“Under the Nigerian criminal law, death penalty is mandatorily applied for a wide range of property or morality offences, apart from homicide. For example, the death penalty is punishment for the offence of armed robbery irrespective of the value of the property stolen or the personal circumstances of the offender, as well as for such offences as adultery, kidnapping in many states, and treason.

“Since the introduction of death penalty for offences of armed robbery by the erstwhile military regimes, incidents of armed robbery and other violent crimes have been on steady increase. The severity of punishment is not a deterance for crime. Offenders could only be deterred by the high possibility of apprehension and not the harshness of the punishment for the planned offence. It is therefore necessary that the only means to reduce crimes is to increase the capacity of law enforcement agencies to effectively and humanely investigate and prosecute Offenders.

“Nigeria maintains one of the most severe death penalty regime in the world along side retentionsist countries like Iran, Sudan, China among others. All democracies in Africa have abolished the use the death penalty and most countries retaining its use have already made it non-mandatory.

“We urge the Nigerian government to stand with the rest of civil democracies to day no to the use of the death penalty.”

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LEDAP, HURILAWS TASK FG ON USE OF DEATH PENALTY

PRESS RELEASE

LEDAP & HURILAWS URGE NIGERIAN GOVERNMENT TO ABOLISH THE DEATH PENALTY, AND REPLACE WITH LIFE IMPRISONMENT

As the world marks the 20th World Day against the Use of the Death Penalty with the theme “Death Penalty: A road paved with Torture”, two human rights NGOs, the Legal Defence & Assistance Project (LEDAP) and Human Rights Law Service (HURILAWS) call on the Nigerian government to put an end to the use of death penalty or limit its use to the most heinous crimes.

Imposing the death sentence on offenders has not reduced violent crimes, but has rather exposed the State to the high possibility of convicting and executing innocent persons.

At the end of a virtual forum convened by LEDAP and HURILAWS in collaboration with the National Human Rights Commission today, the participants urged government at federal and state levels, in the meantime, to urgently introduce official moratorium on death sentencing and execution, and improve the conditions of detentions of death row inmates. The conditions under which prisoners sentenced to death are kept in correctional centers are very deplorable, inhuman and degrading.

The imposition of death sentence and its execution involve processes that constitute torture, cruel, inhuman and degrading treatment. In nearly all jurisdictions of the common law world, the courts have found that use of the death penalty, and its method of execution, always amount to torture. According to Collins Okeke, Program Director of HURILAWS: ‘No one, not even the State, has the right to take life. There is no justification for continued use of death penalty in Nigeria, especially, when it has no deterrence effect on offenders’

In this year event marking the World Day against the use of death penalty, the theme focuses on the death penalty as torture. All aspect of the death sentencing and its execution, no matter how heinous the crime may be or the public outcry against violent crimes, are paved with torture.

Our findings revealed that death row prisoners are subjected to two distinct punishments: the death sentence itself and the prolonged years of living in inhumane conditions that include poor health care, overcrowding, poor feeding and poor medical attention. Prisoners on death-row live in a state of constant uncertainty over their possible date of execution. For some death-row prisoners, the anxiety results in a sharp deterioration in their mental and emotional wellbeing. This manifested in the case of Olatunji Olaide, who was exonerated by the Court of Appeal in 2018 after spending 24 years on death row. Olatunji died shortly after his release from prison due to his terrible ill health and untreated eye condition from prolonged detention. The case of Mr Samuel Adebayo (53) was exonerated in February 2022 after 15 years on death row, for an offence he didn’t commit. He is left without hope to restart his life having lost everything including his health and family. So are the over 1,300 death row prisoners in Nigeria.

LEDAP and HURILAWS are particularly worried that the appalling prison conditions have serious damaging effects on the mental and physical health of the inmates. These conditions further infringe on their constitutional rights, particularly right to human dignity and freedom from torture, cruel, inhuman or degrading treatment. LEDAP and HURILAWS believe that the human rights of death row inmates should be protected at all times. The dignity of the human person must be preserved, both within and outside the prison walls. According to Pamela Okoroigwe, Executive Program Director at LEDAP, ‘in so far as death penalty is disproportionately and discriminatorily applied mainly to the poor and disadvantaged people, it should be abolished. A federal government’s panel on death penalty stated in its report in 2004 that a justice system that cannot give justice should not take life. This conclusion is correct today as it was in 2004. There should be immediate moratorium on use of death sentence at federal and state levels’

LEDAP and HURILAWS therefore call on the Nigerian Government to respect the sanctity of life, by taking immediate steps to abolish death penalty and replace same with term of years or life imprisonment. In the meantime, the Government should provide the necessary infrastructure and facilities needed to cater for the welfare of death row prisoners.

Pamela Okoroigwe
Executive Programmes Director
For: Legal Defence and Assistance Project (LEDAP)

Collins Okeke
Program Director
For: The Human Rights Law Service (HURILAWS)

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MALABU OIL: LEDAP CONDEMNS PROSECUTION OF SURAJU, URGES PROBE

The Legal Defence & Assistance Project (LEDAP) has condemned in strong terms the prosecution of anti-corruption crusader, Mr. Olanrewaju Suraju for allegations of corruption against former Attorney General of the Federation, Mr. Mohammed Adoke in the Malabu oil block allocation scam.

In a statement made available to CITY LAWYER, the Chino Obiagwu SAN-led organization noted that Suraju “has consistently made public massive bribery and abuse of power against Mr. Adoke and other foreign companies, for which some are currently facing criminal charges in Italy. Rather than investigate the allegations raised in Mr. Suraju’s many petitions, the Attorney General has elected to prosecute him, undermining the so-called anti-corruption agenda of the regime.”

Suraju was on Friday 18th February, 2022, arraigned on a two-count charge filed by the office of the Attorney General of the Federation (AGF) before a Federal High Court at Abuja. He was accused of cyber-stalking Adoke.

LEDAP noted that “No mention was made of the veracity or otherwise of the corruption allegations by Mr. Suraju against Mr. Mohammed Adoke. Moreso, Mr. Suraju was charged under section 24 of Cybercrime (Prohibition, Prevention etc) Act, 2015, which the ECOWAS court of justice has earlier declared as contrary to Nigeria constitution because it infringes on the right to freedom of expression and the press.

“LEDAP is concerned that the prosecution of Mr. Suraju by the Attorney General of the Federation not only violates his right to freedom of expression as provided in the 1999 Constitution of the Federal Republic of Nigeria (as amended), but constitutes a blatant attack against human right defenders and anti-corruption crusaders in Nigeria. These are patriotic citizens who are fighting for the public interest of the country.”

Continuing, LEDAP urged the Federal Government “to investigate the allegations of corruption against the former AGF, Mr. Mohammed Adoke relating to the Malabu Oil scam, and withdraw all charges against Mr. Suraju.”

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LEDAP KNOCKS EFCC OVER ATTACK ON NBA BRANCH CHAIR

The Legal Defence and Assistance Project (LEDAP) has berated the Economic and Financial Crimes Commission (EFCC) over alleged attack by its operatives on the Nigerian Bar Association (NBA) Makurdi Branch, Chairman, Mr. Justin Gbagir.

In a statement made available to CITY LAWYER and signed by LEDAP National Coordinator, Mr. Chino Obiagwu (SAN), the group stated that the action of the operatives violates the fundamental rights of the Bar Leader as entrenched in Section 34 of the 1999 Constitution.

The group noted that from a series of events which occurred on June 8, 2021, it was apparent that Gbagir went to the EFCC Makurdi Branch Office to facilitate bail for Miss Aver Shima, a lawyer with the Benue Sate Ministry of Justice.

Said LEDAP: “From our understanding, Ms. Shima was remanded following an allegation of a legal advice she gave the Chairman of the Universal Basic Education Board and as such is currently undergoing investigation.

“Following this incident, Mr. Gbagir, in the company of other members of the Ministry of Justice visited the EFCC office in Makurdi, but was refused entry into the premises and subjected to humiliation and degrading treatment by the security operatives at the gate; on the allegation that they are ‘agitators’ who have come to protest.

“It took the intervention of the Senior Special Adviser to the Governor, Attorney General of the state and Solicitor General of the state before the delegation was allowed entry into the building.

“Also, we understand that when Mr. Gbagir was introduced to the EFCC Chairman, as the Chairman of the NBA Makurdi branch, he was denied all courtesy. This infuriated Mr. Gbagir and as a result, sought to leave the premises. However, he was swarmed and assaulted by operatives of EFCC, the actions of which were approved by the silent conduct of the EFCC Chairman.”

LEDAP stated that the action of the EFCC operatives not only undermined the position of the NBA chairman, but also of all lawyers. It viewed the action as a mockery of lawyers’ constitutional role as members of the third arm of government.

LEDAP pointed out that the EFCC security operatives were ALSO in breach of Section 34 of the 1999 Constitution on the right to dignity and right to freedom from torture, inhuman or degrading treatment.

LEDAP urged the EFCC to publish an apology to the victim, and demanded that the Attorney General & Minister of Justice, Mr. Abubakar Malami (SAN) should prosecute the errant officers, adding: “Henceforth, the EFCC is demanded to treat all lawyers with respect in all legal dealings with them.”

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ABUJA AGOG AS NBA-CLE TRAINING HOLDS TOMORROW

Lawyers and other practitioners in the Federal Capital Territory, Abuja will by tomorrow have an opportunity to participate in a Nigerian Bar Association (NBA) accredited Continuing Legal Education (NBA-CLE) programme on Company Law and Corporate Governance.

Facilitated by the Legal Defence and Assistance Project (LEDAP) under the NBA Institute of Continuing Legal Education (NBA-ICLE) “Mandatory Continuing Legal Education” programme, the two courses will be delivered by senior lawyers and subject matter experts on December 2 and 3, 2019 respectively.

For the Company Law module, the sub-themes that are planned to be covered include Directors, Secretary & Officers of a Company; Rules of Federal High Court; Derivative Actions/Minority Rights; Mergers & Acquisition; Company Proceedings and Investment Disputes; Introduction to Investments & Securities Act as well as Company Securities, Capital Market Practice and Flotation of Securities.

The Corporate Governance module is billed to cover such topics as Origin of Corporate Governance; Development of Corporate Governance in Nigeria; Codes of Corporate Government in Nigeria including the SEC, CBN, NAICOM and Financial Reporting Council of Nigeria (FRCN) codes of corporate governance. Other sub-themes are Board Evaluation and Audit as well as “Salient Points on Corporate Governance” including Corporate Governance Framework, Board Responsibilities, Separation of role of Chairman from Chief Executive, Board Committees, Conflict of interest, Corporate Social Responsibility, Board Charter, Board Evaluation, Induction Training and Succession Planning.

The training will be held at The Den Hotel, 20 Agadez Crscent, Wuse 2, Abuja.

While the course fee for the two-day subsidized training has been pegged at N40, 000, young lawyers between 1-7 years post-call will receive a further discount of 40% to be shaved off the course fee.

According to the organisers, interested participants are to pay the course fee into the “LEDAP-MCLE COURSE” Account Number 1016147835 at Zenith Bank Plc. For more information, please call 0906-000-7472 or email info@nba-mcle-ledapnigeria.org.

Founded in 1997 and led by foremost pro bono activist, Mr. Chino Obiagwu SAN, LEDAP is a non-governmental organization engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria. It has observer status with the Africa Commission on Human and Peoples’ Rights.

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