DETAINEES

  • EMEKA NWADIOKE
  • Aug 18, 2021
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  • Comments Off on IGBOHO: FHC, DEFENCE LAWYER DEBUNK CLAIM THAT JUDGE ABSCONDED

IGBOHO: FHC, DEFENCE LAWYER DEBUNK CLAIM THAT JUDGE ABSCONDED

The claim that a judge of the Federal High Court (FHC), Justice Obiora Egwuatu had “gone missing” to evade signing the bail papers for release of 12 aides of Yoruba activist, Chief Sunday Adeyemo (aka Sunday Igboho) has been debunked by the Federal High Court and the defence lawyer, Mr. Pelumi Olajengbesi. 

According to the trending report by a popular online newspaper, “when they took the detainees to the judge, ‘they were told that he did not come to work and had left instructions that another judge must not sign on his behalf.’ “

Aside from the Chief Registrar of the Federal High Court, Mr. Emmanuel Gakko who debunked the report, an unimpeachable and highly placed source at the Federal High Court who is familiar with the bail processing told CITY LAWYER that the report was baseless.

Gakko said in a statement that Justice Egwuatu was overseas on an official assignment, adding that another vacation judge was available to sign the bail papers when they are ready.

According to another FHC official, “The honourable judge is on an official assignment. Release warrant can be signed by the second vacation judge. I am aware that the honourable judge left instructions in case the defendants perfect their bail conditions, to forward the file to the second vacation judge for issuance of the release order.

“It is quite possible that the file hasn’t even gotten to my Lord’s office. Recall that my Lord courageously granted bail to the detainees since 4th August, 2021. They have not been able to perfect bail since then, only for this irresponsible reportage.”

CITY LAWYER gathered that both Justice Egwuatu and Justice Ahmed Ramat Mohammed have been designated vacation judges for the Abuja Division of the Federal High Court.

Aligning with the stance of the court official, Olajengbesi distanced himself and his clients from the trending report, describing it as “equally condemnable.”

Olajengbesi, who issued a statement debunking the report, said: “We have received several calls and messages across the globe trying to ascertain the veracity or otherwise of some media reports currently in circulation on social media and news outlets particularly outside the country with respect to the above subject matter.

“It has therefore become imperative for us to put up this public notice so as to set the records straight. The report that the Hon. Judge handling the matter was kidnapped by unknown gunmen is not only false but condemnable as same is far from the truth.

“The report that the said Hon. Judge travelled out of town in an attempt to evade signing the release warrant of the applicants is equally condemnable and we do not want to be part of such reports. Also, let it be known that where a judge is absent under such a circumstance, any other judge within the Federal High Court can sign the release order and that is in process.

“The process of perfecting the bail conditions of those in custody is still in progress in accordance with the rules and practice of the Federal High Court of Nigeria and we are confident that the release order will be signed as soon as all administrative bureaucracies are concluded.

“We therefore appeal to the general public to exercise patience with the process.”

It is recalled that the Department of State Services (DSS) had arrested Igboho’s aides on July 1, 2021 during a raid on Igboho’s Ibadan residence, killing two persons in the process. The detainees include Abdullateef Onaolapo, Tajudeen Irinloye, Dikeola Ademola, Ayobami Donald, Uthman Adelabu, Olakunle Oluwapelumi, Raji Kazeem, Taiwo Tajudeen, Amudat Babatunde, Abideen Shittu, Jamiu Oyetunji, and Bamidele Sunday.
The 12 detainees had brought a fundamental rights enforcement action to seek their release from DSS custody, leading Justice Egwuatu to admit them to bail. The detainees had spent about 50 days in custody.

On his part, Igboho is battling extradition application filed by the Federal Government in a Cotonou, Benin Republic court.

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  • EMEKA NWADIOKE
  • Jun 03, 2021
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  • Comments Off on ASF FRANCE SECURES RELEASE OF 3 DETAINEES AFTER 8 YEARS IN CUSTODY

ASF FRANCE SECURES RELEASE OF 3 DETAINEES AFTER 8 YEARS IN CUSTODY

The Avocats Sans Frontières France (ASF France) has secured the release of three suspects detained for about eight years in Lagos State. According to a statement by Angela Uwandu, the Head of Office of Avocats Sans Frontières France, the victims are beneficiaries of ASF France’s pro bono legal aid, on the wings of the European Union and AFD funded “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project.

Condemning a system which subjects suspects to prolonged pre-trial detention, Uwandu said: “No justice system should subject anyone to 8 years awaiting trial. It is simply a failure of the system and a gross violation of the rights of citizens.”

Meanwhile, ASF France in collaboration with its local partners, the Carmelite Prisoners Interest Organisation (CAPIO) and the Nigerian Bar Association (NBA), also held trainings for security agencies, media and CSOs in Lagos State. Said Uwandu: “The insightful trainings were on the wings of the “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE), funded by the European Union and the Agence Française de Développement (AFD), which is targeted at addressing human rights violations of torture, extra-judicial killings and arbitrary detention.

“The training for security agencies on human rights took place on the 24th – 26th of May, 2021. The 3-day training aimed at bridging the knowledge gap of security agencies on Human Rights laws and standards had in attendance 27 security personnel drawn from the Nigerian Police Force (NPF), Nigerian Army (NA), the Department of State Security (DSS), Nigerian Airforce (NAF), NCDC (Nigeria Security and Civil Defense Corps), Corrections Service, Nigerian Drug Law Enforcement Agency (NDLEA) and Immigrations.”

The statement on the freed detainees is below:

As part of its efforts in promoting the enjoyment of Human Rights in Nigeria, Avocats Sans Frontières France (ASF France), has successfully enforced the fundamental human rights of three victims of arbitrary detention in Lagos state. The victims are beneficiaries of ASF France’s pro bono legal aid, on the wings of the European Union and AFD funded “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project.

The cases of Mr. Adewale F, Mr. Ifekoya S and Mr. Kola A were all handled between the months of September 2020 and December 2020. The striking similarity amongst the three (3) cases is that all beneficiaries had been arbitrarily detained for over 8 years, with Mr. Kola spending the most (over 9 years) in arbitrary detention.

Mr. Adewale had gone to the Police station to report a case of theft which occurred when some women were confronting him on the issue of a missing child. He was arrested because the women made a counter-report against him, accusing him of being in possession of the missing child. Mr. Adewale couldn’t afford the finances required to process his bail, thus he was transferred to SARS Office at Lagos State Police Command Headquarters, Ikeja and was then charged with armed robbery and remanded in custody. Mr. Adewale had never appeared in Court since 20/05/2013.

Similarly, in the case of Mr. Ifekoya, who was accused of failure to prevent a felony. He had given a lift to a friend who was wanted by the Police. Mr. Ifekayo couldn’t produce his friend when requested by the Police. He was then remanded in Kirikiri Medium Security Custodial Centre since 2012. The third detainee, Mr. Kola, was also remanded in the same custody since 2012 without trial until ASF France’s intervention.

ASF France, tendered separate applications to the Lagos State High Court on behalf of the 3 detainees, particularly seeking for the unconditional or conditional release, citing the violation of their fundamental human rights, their rights to personal liberty and freedom of movement, provided under the sections 35 and 41 of the constitution of the Federal Republic of Nigeria 1999 as amended.

All three applications were successful at the Lagos State High Court. In one of the judgments delivered by the Judge, Justice O.O. Abike-Fadipe, she said “No amount of money can compensate for 8 years of one’s life.”

While commending the Judges for the Rulings, Angela Uwandu, the Head of Office of Avocats Sans Frontières France said, “no justice system should subject anyone to 8 years awaiting trial. It is simply a failure of the system and a gross violation of the rights of citizens.” The arbitrariness of these detentions entitles the victims to a remedy and this is what the ASF France legal team has achieved in this case. Avocats Sans Frontières France celebrates these victories, and recognizes them as a step forward for rule of law and human rights protection in Nigeria.

The SAFE project is co-funded by the European Union (EU) and the Agence Française de Développement (AFD), and is being implemented by Avocats Sans Frontières France in Nigeria, in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization.

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