FG

COURT REFUSES FG’S BID TO FORFEIT FIRM’S N46 BILLION MALABU FEE

The Federal High Court sitting in Abuja has thrown out an application by the Federal Government for the final forfeiture of $110.5 million (about N45.97 Billion) by Energy Ventures Partners (EVP), the British Virgin Islands company which brokered the sale of the controversial oil licence by Dan Etete’s Malabu Oil & Gas Limited to ENI (Agip).

Justice Obiora Egwuatu, in setting aside the order of interim forfeiture and dismissing the application for final forfeiture, agreed with the Respondents’ submissions, holding that gisince the proceedings were in rem, the proper venue was a Swiss court in the light of the contested fund being domiciled in Swiss banks.

The latest setback to the Federal Government comes on the heels of the recent loss by Nigeria of its $1.8 billion claim against the global banking giant JP Morgan in a London court.

According to the Respondents, Malabu Oil had refused to pay for services rendered by Energy Ventures Partners, which sued and obtained judgment of a London High Court for the fee in 2015. The company kept the bulk of the money in its bank account and those of its sister companies and beneficial owner in Switzerland. It also transferred some of the fund to the companies which funded the litigation through accounts also in Swiss banks.

Nigeria, acting under the International Mutual Legal Assistance scheme, caused the Swiss authorities to freeze the monies and then later embarked upon their recovery by forfeiture proceedings under section 17 of the Advance Fee and Other Related Offences Act.

The Federal Government had obtained by an ex-parte application an order of interim forfeiture of the monies on February 14, 2022 which set the stage for the hotly contested final forfeiture proceedings.

Energy Ventures Partners and its privies – which constituted the first four respondents – however hired leading commercial litigator and white collar defence lawyer, Mr. Chijioke Okoli SAN to lead their legal team and stem the final forfeiture. The litigation funders, constituting the 5th-8th respondents who were initially absent, later joined and filed their papers, adopting the case made by the first set of respondents.

Challenging the forfeiture proceedings, the Respondents faulted the Federal Government’s case on a number of grounds, arguing that it constituted a gross abuse of process.

The court cast aside the Federal Government’s claim of reasonable suspicion of the monies being proceeds of a crime. The court held that “On the contention that the property sought to be forfeited are reasonably suspected to be proceeds of unlawful activities, it was argued by the Respondents that the Italian Court of Appeal cleared the 4th Respondent from allegations of criminal misconduct, the English High Court had adjudged the monies the subject matter of the present proceedings to be legitimate compensation for the services rendered by the 1st and 4th Respondents. The monies paid to the 5th to 8th Respondents are part of the monies legitimately paid to the 1st to 4th Respondents. In the Applicant’s affidavit in support, it was admitted in paragraph 7(xiv) that the dispute between the 1st Respondent and Malabu ended following the rendering of a judgment by Lady Justice Gloster ruling partially in favour of the 1st Respondent (EVP) and awarding it USD 110,500,000 as remuneration for services rendered in the course of negotiations made on behalf of Malabu.

“Indeed by exhibit 2 attached to the 1st-4th Respondents’ counter affidavit, the English (Commercial) Court in a suit between the 1st Respondent herein and Malabu found that… EVP had a contractual right to a reasonable fee and determined that ‘the reasonable (fee) for EVP’s services is $110.5 million, based on a fee of 8.5% of the total disposal consideration of $1.3 billion.’…. By exhibit 2, the English High Court determined with finality that the monies the subject matter of the present forfeiture proceedings was the lawful and just entitlement of the 1st-4th Respondents for services rendered.

“I agree with Respondents’ senior counsel that parties for the purposes of the application of res judicata extends to those with interest in the subject matter of litigation, with the result that if they were aware of the case but chose to stand by and let others fight their battle then they would be bound in the same way as the actual parties. He is deemed to have waived his right to complain and he is certainly bound by the outcome of such action. See Green v. Green (1987) 3 NWLR (Pt.61) 480; Kurma v. Sauwa (2019) 3 NWLR (Pt.1659) 247 at p.261 para. F. The Applicant from the evidence before this Court was aware of the proceedings between the 1st Respondent and Malabu but chose to stand by. They are bound by the decision in exhibit 2. It is not only exact parties to a case that are caught by the doctrine of res judicata and issue estoppel but also their privies. I agree with the learned senior counsel for the Respondents that in the circumstances of this case that Malabu Oil & Gas Ltd (the defendant in exhibit 2) and the Applicant herein are privies for purposes of the monies.”

The Court also held that “the Applicant concealed facts from this Court in obtaining the interim order of forfeiture.”

The multiple losses by the Federal Government in several jurisdictions in cases arising from the Malabu saga has raised concerns on the huge resources being spent on the cases in light of lean and dwindling resources.

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  • EMEKA NWADIOKE
  • Jan 18, 2022
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  • Comments Off on ‘WE’RE ALARMED AT GENDER-BASED VIOLENCE BY BOKO HARAM, OTHERS,’ SAYS UN

‘WE’RE ALARMED AT GENDER-BASED VIOLENCE BY BOKO HARAM, OTHERS,’ SAYS UN

The United Nations has raised an alarm over widespread sexual and gender-based violence inflicted by Boko Haram.

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also expressed concern over allegations of sexual violence against women and girls committed by the Civilian Joint Task Force (CJTF) officers.

According to the report, while the Committee welcomed the adoption of the Violence against Persons (Prohibition) Act (VAPP), it “regrets that it is not applicable in all states yet. It takes note of other administrative interventions of the State party, including declaration of the state of emergency by the governors on gender-based violence, the establishment of gender-based units by the Ministry of Justice, and creation of sexual and assault referrals centres.”

Turning to sexual violence, the CAT said it “remains alarmed by the ongoing widespread sexual and gender-based violence inflicted by Boko Haram and the lack of protection from the reported kidnappings of girls and boys by armed groups between 2014 and 2021,” adding that “The Committee is seriously concerned at the allegations of sexual violence against women and girls committed by CJTF officers, in particular in Bama Hospital and Secondary School camps, and sexual exploitation and abuse in the state-run camps for internally displaced, informal camps, and local communities in Maiduguri, Borno State, and across the northeast.”

On female genital mutilation, the UN Committee said it is “alarmed” that the practice continues to be practised “without any effective steps taken by the State party to eliminate it. It is also concerned at the high rate of maternal mortality often resulting from rape, impeded access to contraception and the criminalization of abortion, except for the purpose of saving the life of the mother, as it pushes women into illegal and unsafe abortions endangering their health and lives (arts. 2, 12–14 and 16).”

On the way forward, the Committee urged the Federal Government “to continue its ongoing efforts to combat all forms of sexual and gender-based violence, especially those cases involving actions or omissions by State authorities or other entities which engage the international responsibility of the State party under the Convention.”

It however stated that the government should “Strengthen efforts to enact the Violence against Persons (Prohibition) Act in its whole territory;

“Take effective steps to protect internally displaced persons, especially women and girls, to prevent and eradicate female genital mutilation and provide protection measures for girls at risk, and ensure effective investigations into all cases of gender-based violence by State and non-State actors, prosecutions and redress to victims, including adequate compensation and access to medical services and counselling, and provide details on those case,” and
“Ensure access to comprehensive sexual and reproductive health services and decriminalize the voluntary termination of pregnancy in cases where carrying a pregnancy to term would cause the woman considerable suffering, where the pregnancy is the result of rape, and where the pregnancy is not viable.”

On death penalty, the Committee noted the 2003 recommendation of a national study group on moratorium of death penalty and the “alleged absence” of executions since 2016, but “regrets that death sentences continued to be pronounced in 2019 and 2020.”

It also noted the enactment of the Nigerian Correctional Service Act, in particular section 12(2)(c) that provides for commutation of death to life sentence for prisoners who have spent more than 10 years on death row as well as periodic reviews carried out by the Presidential and State Committees on Prerogative of Mercy.

The Committee however “regrets the lack of official number of persons on death row – some reports estimate 2,700 – as well as details on application of the commutation provision and pardons granted in the whole territory. The Committee is distressed by reports that capital punishment can be imposed in twelve states under sharia jurisdiction for offences, such as adultery, apostasy, witchcraft, or sexual relations between same sex persons, among others, including on juveniles, due to the vague definition of the child by puberty, despite the State party’s statement that death sentence cannot be imposed on person younger than 18 years of age (art. 16).”

To curb the malaise, the Committee urged the Federal Government to “Prohibit immediately the death penalty for all persons under the age of 18 in compliance with federal law, including in the states under sharia jurisdiction.”

It also urged the government to “Commute all death sentences already handed down to prison sentences as provided by the Nigerian Correctional Service Act; consider declaring an official moratorium on the death penalty for all crimes in law in the whole territory; consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights; and, provide details on commuted sentences and granted pardons.”

The UN Committee said it “is deeply concerned about the prevalent use of corporal punishment of children in private settings, such as home and other alternative care, provided for in law (section 295 of the Criminal Code applicable in the southern states and section 55 of the Penal Code in northern states).”

On the Child Rights Act 2003, the Committee regretted that it “has not been transposed in the legislation of all states. The Committee notes particularly the sections 11 and 221(1)(b) of this Act, the former prohibiting torture and ill-treatment and the latter corporal punishment for criminal offences. It is distressed by reports that the former provision is not interpreted as prohibiting corporal punishment of children in the aforesaid settings and that corporal punishment on persons under the age of 18 as a sentence for crime can be still imposed in states under sharia jurisdiction (arts. 1, 2, 4, 11 and 16).”

It urged the Federal Government to “Take further steps to enact the Child Rights Act 2003 in the whole territory, align the interpretation of its section 11 with the international standards, and explicitly prohibit in law and practice the corporal punishment of children in all settings, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention, as a sentence for a crime or for disciplinary purposes.”

The government should also “Promote positive non-violent forms of discipline as an alternative to corporal punishment and conduct public awareness-raising campaigns about the harmful effects of corporal punishment, including of children.”

On impunity, the Committee against Torture noted the “great scale” of allegations and complaints of torture, ill-treatment and gender-based violence by non-State actors and State officials, including police, SARS, military and CJTF, that have been made, “the reports that the police oversight mechanisms, including the Police Service Commission and the National Human Rights Commission, remain ineffective, and the fact that numerous commissions of inquiries and panels at federal, state and military level were established to no avail, the Committee is deeply concerned at the lack of accountability due to a limited number of reported disciplinary measures and criminal prosecutions, which contributes to an environment of impunity (arts. 1, 2, 4, 11-13 and 16).”

It urged the Federal Government to “carry out prompt and effective investigations vis-à-vis the allegations of abuses committed by State and non-State actors.” The government should “Provide comprehensive information on precise disciplinary and criminal punishments handed down against police, SARS, CJTF and military suspected or convicted of engaging in torture, ill-treatment, extrajudicial killings, arbitrary detentions, among others, as well as against non-State actors;

“Take immediate measures to ensure the operationalization of effective and independent police oversight mechanism;

“Ensure that the judicial commissions or boards of inquiries are not merely established and used to replace proper criminal justice processes and ensure that there is no institutional or hierarchical relationship between the body’s investigators and the suspected perpetrators of such acts;

“Ensure that, in cases of alleged torture or ill-treatment, suspected officials are suspended from duty immediately for the duration of the investigation, to avoid the risk that they might otherwise be in a position to repeat the alleged act, commit reprisals against the alleged victim or obstruct the investigation,” and

“Ensure that training on the provisions of the Convention and the absolute prohibition of torture is mandatory for law enforcement and security forces personnel, prison staff, medical personnel, judges, prosecutors and lawyers and that the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) is made an essential part of the training.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

  • EMEKA NWADIOKE
  • Jan 12, 2022
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  • Comments Off on ‘MAKE TORTURE C’TE INDEPENDENT,’ UN URGES FG

‘MAKE TORTURE C’TE INDEPENDENT,’ UN URGES FG

The Committee against Torture (CAT), a United Nations entity, has urged the Federal Government to ensure that the National Committee against Torture (NCAT) is given legal teeth and becomes an independent body.

While noting Nigeria’s ratification in 2009 of the Optional Protocol to the Torture Convention and its mandate to NCAT to visit places of detention and investigate any complaints of torture, the Committee “regrets” that Nigeria did not notify the United Nations of the designation of any National Preventive Mechanism.

“The Committee further notes that the National Committee against Torture was established by terms of reference rather than a legislative act regulating its functions, mandate, and resources among others,” said CAT. “The Committee is seriously concerned by its lack of legal, operational and financial independence, as it is situated in the Federal Ministry of Justice, and lack proper funding (arts. 2, 11, 13 and 16).”

The Torture Committee then called on the Federal Government to “Take measures to align the functioning of the National Committee against Torture with the Optional Protocol to the Convention and ensure its independence, sufficient staff and adequate resources and budget necessary for it to fulfil its preventive mandate effectively, in accordance with the guidelines on national preventive mechanism of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/5);

“Consider seeking technical assistance from the United Nations, including advice from the Subcommittee on Prevention of Torture on the establishment of the national preventive mechanism, in conformity with article 11 of the Optional Protocol;

“Ensure that all places of deprivation of liberty are subject to effective and regular monitoring visits by an independent body that involves medical personnel, that visits can be conducted without prior notice, that monitors hold confidential, private meetings with persons deprived of their liberty, without any reprisals and report publicly on their findings;” and
“Authorize non-governmental human rights organizations, as well as civil society actors providing health care and education, to undertake monitoring activities at detention centres.”

Turning to pretrial detention and overcrowding, the Committee commended Nigeria’s efforts to address the overuse of prolonged pretrial detention causing chronic overcrowding in detention facilities “through enactment of the Administration of Criminal Justice Act and its section 34 mandating chief judges or magistrates at state level to conduct monthly inspections of police stations and other places of detention within their jurisdiction, other than prisons, inspect records of arrests, direct the arraignment of suspects and grant bail.”

While noting efforts at prison decongestion leading to release of around 2,000 detainees and 160 juveniles and reports on release of around 7,813 prisoners from the correctional centres to reduce overcrowding and control the spread of the COVID-19 pandemic in 2020, “The Committee remains concerned however that around 72 per cent of the prison population is still awaiting trial even after the aforesaid measures. The Committee also understands that detainees can contest the legality of their detention before a judge and can submit a complaint to the National Human Rights Commission, but regrets to note the inefficiency of such system due to the significant delays in access to justice, among others (arts. 2, 11–13 and 16).”

To address these concerns, the Committee against Torture urged the Federal Government to “Ensure that Administration of Criminal Justice Act is properly implemented, the pretrial detention is effectively reviewed, that its duration does not exceed the legally established maximum and is as short as possible, and that its use is exceptional, necessary and proportionate;

“Ensure that pretrial detention is closely monitored by courts;

“Take into account the lessons learned from the federal decongestion program and COVID-19 pandemic and intensify its efforts to significantly reduce detention overcrowding, by making greater use of non-custodial measures, such as parole and early release, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);” and

“Ensure that effective, independent and accessible complaints mechanisms are available to all persons deprived of their liberty and that complaints are promptly, impartially and thoroughly investigated.”

On conditions of detention, the Committee noted Nigeria’s statement on the ongoing reforms of correctional facilities, “but remains concerned at numerous reports of poor material and sanitation conditions of detention that persist in all places of deprivation of liberty, the lack of access to proper medical care, including to persons with transmissible diseases, and inadequate food and water. It is also concerned at the reports of the lack of separation of juvenile inmates from adults, convicted persons from remanded detainees, in addition to detention of pregnant and breastfeeding women and persons with disabilities in general custodial facilities and without access to appropriate health services. The Committee regrets the lack of reliable information on the total number of prison deaths, their cause and follow-up investigations, such as the reported incident in Ikoyi prison in December 2019 (arts. 2, 11 and 16).”

The Committee against Torture urged the Federal Government to improve material conditions in police cells and correctional facilities, “including with regard to the ventilation, access to adequate food and running water and take measures to bring conditions in detention and the operational procedures into compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

“Put in place systems to separate juveniles from adult prisoners and convicted prisoners from remand detainees, ensure that women are detained in gender-sensitive conditions and children are immediately released from custodial facilities, that inmates with disabilities are held in humane conditions and that prisons are adapted to their needs. Ensure that remanded and convicted persons with intellectual or psychosocial disabilities are transferred from custodial facilities to psychiatric hospitals or appropriate therapeutic settings;

“Provide adequate health services to all prisoners, and particularly those with disabilities, and conduct a thorough and independent medical examination of all detainees, both at the outset of detention and on a regular basis throughout the duration of detention;” and
“Ensure that all instances of death in custody are promptly, thoroughly and impartially investigated, including by means of independent forensic examination. It should also take measures to ensure the allocation of the necessary human and material resources for the proper health care of prisoners, and review the effectiveness of programmes for the prevention of suicide and self-harm, as well as for the prevention, detection and treatment of chronic degenerative diseases and infectious or contagious diseases in prisons. Lastly, the State party should compile and provide detailed information on the cases of death in custody and their causes.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jan 09, 2022
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  • Comments Off on #ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

  • EMEKA NWADIOKE
  • Jan 07, 2022
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  • Comments Off on ‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

The Committee against Torture (CAT), a United Nations entity, has poked holes in the implementation of the Administration of Criminal Justice Act, saying there are “numerous shortcomings” in the implementation of the fundamental safeguards secured by the Act.

In its latest report on torture in Nigeria, the Committee commended the enactment of the legislation, but decried poor implementation which has made the realization of its safeguards a pipe dream.

According to CAT, “While welcoming the State party’s enactment of the Administration of Criminal Justice Act and its commitment to continue strengthening the justice system made during the universal periodic review (see A/HRC/40/7/Add.1), the Committee is concerned that despite the existing legal provisions, the implementation of fundamental safeguards is subject to numerous shortcomings.”

The Committee listed the implementation challenges to include: many instances in which persons are held in police custody beyond the legal time limit of 24 or 48 hours (in contravention to the section 35 of the Constitution and section 62 of the Police Act); the allegations of arbitrary arrests and incommunicado detentions without any contact with the relative or person of their choice and the absence of systematic and consistent use of registers of persons deprived of liberty at all stages of detention and details thereof, and the reports that the arrested persons do not receive routinely information about the reason of arrest and about their rights, including the right to legal representation.

Others are the fact that legal aid is difficult to obtain in practice, despite the establishment of the Legal Aid Council of Nigeria with its underfunded offices in all thirty-six states; the lack of routine audio or video recording of the questioning during the investigation in police custody despite a specific requirement provided for in law, and the absence of an independent medical examination from the outset of detention (art. 2).

The Committee then urged the Federal Government to: Ensure the right of detainees to be brought promptly before a judge, or to be freed, and to challenge the legality of their detention at any stage of the proceedings; Ensure that persons have their deprivation of liberty accurately recorded in registers at all stages of the proceedings and ensure their right to inform a relative or another person of their choice of their arrest or detention, and Ensure that arrested and detained persons are informed immediately of the accusations and charges against them and that they are able to have prompt access to a lawyer or to free legal aid throughout the proceedings, including during the initial interrogation and inquiry, in line with the Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

The Federal Government is also to: Provide the human and financial resources needed to ensure the proper functioning of all local branches of the Legal Aid Council; Ensure that the questioning of persons deprived of their liberty is video recorded, that those recordings are stored in a safe place under the control of oversight bodies and that the recordings are made available to investigators, detainees and their lawyers; Provide necessary technical and financial support to the police stations to facilitate the implementation of this recommendation, and Ensure that detainees have the right to request and obtain medical examination by an independent physician or a physician of their choice and that such medical examination is available without conditions and in full confidentiality promptly upon arrival at a police station, detention centre or prison.

The government is again urged to provide adequate and regular training on relevant legal provisions, monitor the compliance and penalize any failure on the part of officials to comply.

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jun 22, 2021
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  • Comments Off on BREAKING: ECOWAS COURT TO HEAR SUIT ON TWITTER BAN TODAY

BREAKING: ECOWAS COURT TO HEAR SUIT ON TWITTER BAN TODAY

The Economic Community of West African States (ECOWAS) Community Court of Justice is about now hearing the suit filed by Socio-Economic Rights and Accountability Project (SERAP) challenging the “suspension” of micro-blogging site, Twitter by the Federal Government.

In a tweet monitored by CITY LAWYER, SERAP stated that the government had filed an objection against the suit, adding that SERAP would take steps to respond to the objection.

Said SERAP: “BREAKING: Twitter ban: The Nigerian government this evening served us a notice of preliminary objection and counter-affidavit to the ECOWAS suit by SERAP and 176 Nigerians.

“Since the suit is coming up tomorrow [22 June 2021], we are filing our response electronically tonight.”

Several commentators commended SERAP for its decision to challenge the ban, even as one Cletus Nwafor @CletusNwafor said: “#TwitterBaninNigeria is a human rights crisis that must be resisted. #StoptheNigerianGovt #Resist #KeepitOn.”

Many individuals and organisations including the Nigerian Bar Association (NBA) have lampooned the ban on Twitter, even as many have continued to access the site through virtual private network (VPN).

Among the plaintiffs are the Registered Trustees of SERAP as well as former Minister of Education, Oby Ezekwesili and co-founder of the #BringBackOurGirls movement, Aisha Yesufu.

The court, in a notice to the plaintiffs’ counsel, Femi Falana (SAN) and respondent’s counsel Mrs. Maimuna Lami Shiru, stated that the hearing of an application for an injunction would be virtual.

“Notice is hereby given that this application has been fixed for hearing of the application for Interim Measure on June 22, 2021, at 10:00 AM and will be heard on that day if the business of the court permits or otherwise on some adjourned day of which you may not receive further notice,” the court stated.

In the suit numbered ECW/CCJ/APP/23/21, SERAP is seeking “An order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria, and subjecting anyone including media houses, broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution, pending the hearing and determination of the substantive suit.”

SREAP asserts that “if this application is not urgently granted, the Federal Government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunication companies, media houses, broadcast stations and other people using Twitter in Nigeria, the perpetual order sought in this suit might be rendered nugatory.”

“The suspension of Twitter is aimed at intimidating and stopping Nigerians from using Twitter and other social media platforms to assess government policies, expose corruption, and criticise acts of official impunity by the agents of the Federal Government,” added SERAP.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

JUSUN STRIKE: NBA DIRECTS LAWYERS TO STORM GOVS’ OFFICES TOMORROW

The Nigerian Bar Association (NBA) has directed its members to storm Governors’ Offices tomorrow to press home the demand for financial autonomy for the judiciary. The move is in apparent solidarity with the Judiciary Staff Union of Nigeria (JUSUN) which embarked on a nationwide strike to press home its demand for financial autonomy of the Nigerian Judiciary.

In a press statement personally signed by the NBA President, Mr. Olumide Akpata, the association asked all NBA branches “to effectively mobilize their members and pay visits to their respective State Governors at the Government Houses on Monday, 19th April 2021 to press home the demand for implementation of financial autonomy for the Judiciary. At the visit, NBA Branches in each State are to present a joint written demand to their State Governor requesting full compliance with existing legislative instruments and court judgments on the financial autonomy of the Judiciary.”

Noting that the demand for financial autonomy “is legitimate, constitutional and is in the best interest of the Judiciary as it is one of the key parameters for enthroning independence of the Judiciary and fostering democracy,” the NBA also directed the branch chairmen “to ensure that these visits are embarked upon, every subsequent Monday, until there is full compliance with this demand that is aimed at strengthening our democracy and the dispensation of justice. We trust that our members will give the leadership of their respective branches all the support that they require to achieve this much needed victory for our justice system.”

The move is coming on the heels of stalled efforts to amicably resolve the impasse, a situation bemoaned by the lawyers’ association which stated that “With these developments and the recent actions and utterances of officials of some of the State Governments, it has become apparent that most of the State Governments are not ready or willing to implement the constitutional provisions which grant financial autonomy to the Judiciary.”

Below is the full text of the statement.

JUSUN Strike – NBA Directive to Branches

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

  • EMEKA NWADIOKE
  • Mar 25, 2021
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  • Comments Off on NIN REGISTRATION: UBANI FLOORS FG, DEADLINE NOW APRIL 6

NIN REGISTRATION: UBANI FLOORS FG, DEADLINE NOW APRIL 6

A Federal High Court sitting in Lagos has ordered the extension of the deadline for enrolment for the National Identity Number by two months with effect from Tuesday, March 23, 2021.

Justice Maureen Onyetenu granted the extension while delivering a ruling in a suit (MONDAY ONYEKACHI UBANI V. FEDERAL GOVERNMENT OF NIGERIA & ORS) filed by leading human rights lawyer, Mr. Monday Ubani against the Federal Government, Attorney General of the Federation, Nigerian Communications Commission (NCC) and the Minister of Communication and Digital Economy.

Ubani instituted the fundamental rights enforcement suit seeking enforcement of his fundamental rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria. He contended that the initial two weeks ultimatum (now extended to 6th day of April, 2021) given to telecommunication operators to block SIM Cards of Nigerians who have not registered their SIM Card with NIN if allowed, will infringe on his constitutionally guaranteed right to freedom of expression, right to own moveable property and right to life. He therefore prayed the Court for an Order extending the deadline.

In her ruling, Justice Onyetenu granted all the reliefs sought by Ubani and made the following declarations and orders:

1. A DECLARATION that the ultimatum given to telecommunications operators by the 1st, 3rd and 4th Respondents to block all Subscriber Identification Modules (SIM) cards that are not registered with National Identity Number (NIN), is grossly inadequate and will not only work severe hardship, but will likely infringe on the fundamental rights of the Applicant (and millions of other Nigerians) to freedom of expression as guaranteed by section 39(1)(2) of the 1999 constitution of the Federal Republic of Nigeria as well as violate section 44(1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) which prohibits the compulsory acquisition of right or interest over moveable property.

2. A DECLARATION that in view of the covid-19 pandemic and the rising cases in Nigeria presently, the deadline given by the 1st, 3rd and 4th Respondents to the Applicant and over 200 million Nigerians to register their SIM Cards with NIN, will lead to a rush, thereby resulting to clustering of the Applicant and other Nigerian citizens in a NIN registration centre, subjecting him to the possibility of easily contracting the covid-19 virus, and such will amount to a violation of his fundamental right to life as protected by section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

3. AN ORDER halting the said ultimatum given by the 1st, 3rd and 4th Respondents to telecommunication operators to block all SIM Cards that are not registered with the National Identity Numbers (NIN).

4. AN ORDER directing the 1st, 3rd and 4th Respondents to extend the deadline for the registration of SIM Cards with NIN for a further two months with effect from the 23rd day of March, 2021.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Dec 18, 2020
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NIN: UBANI SUES FG, ASKS COURT TO HALT DEADLINE

Fiery human rights activist and former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani has dragged the Federal Government to court over its directive to telecom networks to block all SIM cards that are not registered with the National Identity Numbers (NIN)

According to the court papers made available to CITY LAWYER and filed at the Lagos Division of the Federal High Court, Ubani is seeking an order of the court “halting the said two weeks ultimatum given by the 1st, 3rd and 4th Respondents to telecommunication operators to block all SIM Cards that are not registered with the National Identity Numbers (NIN).”

He is also praying the court to direct the respondents to “extend the deadline for the registration of SIM Cards with NIN for at least 1 year or to such period of time as the court may consider reasonable for the Applicant (and millions of other Nigerians) to be able to register their SIM Cards safely without any rush that might result to avoidable loss of lives and injuries.”

Aside from the Federal Government of Nigeria, other respondents are the Attorney General of the Federation, Nigerian Communications Commission and Minister of Communications and Digital Economy.

The suit is brought under the Fundamental Rights (Enforcement Procedure) Rules 2009 made by the Chief Justice of Nigeria pursuant to section 46(3) of the Constitution of the Federal Republic of Nigeria, 1999.

Ubani is also praying the court for “A DECLARATION that the two weeks (16th December, 2020 to 30th December, 2020) ultimatum given to telecommunications operators by the 1st, 3rd and 4th Respondents to block all Subscriber Identification Modules (SIM) cards that are not registered with National Identity Number (NIN), is grossly inadequate and will not only work severe hardship, but will likely infringe on the fundamental rights of the Applicant (and millions of other Nigerians) to freedom of expression as guaranteed by section 39(1)(2) of the 1999 constitution of the Federal Republic of Nigeria as well as violate section 44(1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) which prohibits the compulsory acquisition of right or interest over moveable property.”

The vocal public commentator is equally praying for a “DECLARATION that in view of the covid-19 pandemic and the rising cases in Nigeria presently, the two weeks deadline given by the 1st, 3rd and 4th Respondents to the Applicant and over 200 million Nigerians to register their SIM Cards with NIN, will lead to a rush, thereby resulting to clustering of the Applicant and other Nigerian citizens in a NIN registration centre, subjecting him to the possibility of easily contracting the covid-19 virus, and such will amount to a violation of his fundamental right to life as protected by section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”

Among the grounds for the suit are:

“That the Applicant is a lawyer, activist and social commentator on national issues. He uses his MTN SIM Card for business communication, social communication and interaction with other Nigerians through phone and online through the social media. Like millions of other Nigerians, the Applicant’s SIM Card enables him to exercise his fundamental right to freedom of expression as guaranteed by Section 39(1) & (2) of the 1999 Constitution, and blocking the Applicant’s SIM Card will violate his fundamental right over his SIM Card (moveable property) as guaranteed under section 44(1) of the 1999 constitution as amended.

“That the short period of two weeks given for the Applicant and millions of other Nigerians to register their SIM cards with NIN (failing which their SIM cards will be blocked) is unreasonably too short and impracticable in view of the large population of Nigerians and the slow rate of registration by the National Identity Management Commission (NIMC).

“That the two weeks deadline will lead to a rush and clustering of the Applicant and other Nigerians in registration centre thereby subjecting him to possibility of Stamped and contracting COVID-19 virus, which will endanger his right to life as guaranteed by section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”

In a 21-paragraph affidavit deposed by Ubani in support of the suit, he stated as follows:

“That I am a Nigerian citizen who uses MTN (one of the telecommunication operators) Subscriber Identification Module (SIM) card for all my business communication and social interactions, including surfing the net, sending and receiving emails, attending online zoom meetings and conferences, and interact with family, friends and fellow Nigerians on all social media platforms.

“That like so many other Nigerians, I have till date not gotten my NIN despite several attempts as there are few NIN registration centres available, and most times the registration officials would complain of either network problem or lack of power supply to enable them function effectively.

“That the two weeks ultimatum given by the defendants for the telecommunication operators to block the SIM of all Subscribers (including myself) who have not registered their SIM with NIN is grossly inadequate, and will not only create unnecessary panic and inconveniences but will also cause severe hardship and suffering to me and millions of Nigerians who like me have not been able to get our NIN due to no fault of ours.

“That the Respondents’ directive to telecommunications operators to block the SIM of every person who has not registered their SIM with NIN after 30th December, 2020, is not a well thought out decision as same is too sudden, and will cut me and millions of Nigerians off from communication, and deny me the use of my SIM card which is my personal property, thereby infringing on my right to freedom of expression, and my entitlement to own a medium for the dissemination of information, ideas and opinion, as guaranteed by sections 39(1)(2), and 44(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“That the 1st Respondent who has been fighting the spread of COVID-19 in Nigeria since March 2020, and who has been advocating and enforcing social distancing did not avert her mind, when she and her agencies were taking such a decision, to the fact that COVID-19 is still present in Nigeria and cases of infected persons have been rising in recent time.

“That many prominent Nigerians have lost their precious lives as a result of not observing the social distancing, and other measures laid down by Nigeria Centre for Disease Control (NCDC) to avoid contracting COVID-19.

“That the resolution/decision of the Respondents to the effect that December30, 2020 (two weeks) is the deadline for over 180 million Nigerians to register their SIM with NIN is reckless, inconsiderate and insensitive in view of the present reality in the country.

“That the Respondents before arriving at such resolution did not check to confirm the statistics of Nigerians that do not have NIN, which if they did, their resolution would have been different.

“That no doubt, trying to meet up with the said deadline will put me and millions of Nigerians in untold pressure, and same will lead to a rush and result to non observance of social distancing measures, consequent upon which contracting the COVID-19 virus will be inevitable, thereby endangering my right life and that of other Nigerians, which is guaranteed by section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“That it will be proper and reasonable for the Respondent to extend the deadline to at least 1 year, and within that period of extension make deliberate and conscious efforts towards properly sensitizing Nigerians, and putting in place massive registration outlets in every ward of the Federation with good working facilities to ensure that easy access to registration is made possible.

“That trying to enforce this policy in a period where I, as well as most Nigerians are gearing up for Christmas festivities may lead to stamped in the process of rushing to get registered, which could lead to unnecessary death and injuries, thereby violating section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria.

“That if the Court does not halt or order the Respondents to urgently halt their plans, this directive may result to unnecessary panic in the country which may lead to exploitation of vulnerable Nigerians, thereby causing more pain in an already pathetic situation.

“That I am aware that millions of other Nigerians are also uncomfortable, worried and complaining about the gross inadequacy of the two weeks ultimatum given by the Respondents to telecommunication operators to block all SIM not registered with NIN. As a matter of fact, the House of Representatives (that represent the people of Nigeria) has asked the 1st Respondent to extend the deadline for the provision of National Identification Number (NIN) by telecommunication service subscribers, describing the two weeks given to SIM card users by the 3rd Respondent to provide their NIN to service providers as grossly inadequate. This was reported by the Punchng.com, published on December 16, 2020. The said online report by Punch newspaper is attached herewith and marked Exhibit MOU2.”

According to CITY LAWYER sources, no date has been fixed for hearing of the suit.

RANCHING: Lawyers Vow To Sue S/East Govs If…

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