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  • Jun 03, 2021
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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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FIREWORKS, AS NBA ASKS COURT TO DISMISS OGUNLANA’S SUIT

BY EMEKA NWADIOKE

• WARNS THAT GRANT OF ORDER WILL ‘CAUSE ANARCHY’
• SAYS COURT LACKS JURISDICTION TO HEAR MATTER
• ‘THIS APPLICATION WILL TRUNCATE NBA ELECTION IF…’
• ‘WE HAVE DONE NOTHING WRONG’

The Nigerian Bar Association has asked the Lagos High Court to dismiss the suit brought by controversial former NBA Ikeja Branch Chairman, Mr. Adesina Ogunlana seeking to restore his as a candidate for the forthcoming NBA Elections.

Court papers sighted by CITY LAWYER show that the NBA is being represented by high-profile lawyer, Dr. Paul Ananaba SAN, even as it is in the alternative praying the court to strike out the application.

The Notice of Preliminary Objection is brought pursuant to Order 43 (Rule 1) of the Civil Procedure Rules 2019 of the High Court of Lagos State and under the inherent jurisdiction of the court. The motion was served on the Lead Counsel for Ogunlana, Mr. Dare Akande at exactly 6:12 pm yesterday. The matter is slated for hearing today before Justice Adedayo Oyebanji.

Ogunlana had filed a Motion on Notice dated July 18, 2020 asking the court to set aside his disqualification by the Electoral Committee of the NBA (ECNBA) or restrain the defendants from conducting the NBA Elections without his inclusion in the race. The electoral body had disqualified the former branch chieftain on the ground that his nomination forms did not include a “Letter of Good Standing” from his branch chairman.

The Respondents are Incorporated Trustees of Nigeria Bar Association; Mr. Paul Usoro SAN (President of the Nigerian Bar Association); Mr. Jonathan Taidi (General Secretary, Nigeria Bar Association); and Professor (sic) Tawo Tawo SAN, Chairman, Electoral Committee of the Nigerian Bar Association. Others are ECNBA Secretary, Cordelia Eke, Esq. and Dele Oloke, Esq (immediate past chairman of Ikeja Branch of Nigerian Bar Association).

But the NBA is through its Trustees praying the court not to grant the order, warning that it would “cause anarchy and division within the Nigerian Bar Association.” Instead, it is praying for “An order dismissing this action for lack of jurisdiction or in the alternative,” “An order striking out this action for lack of jurisdiction.”

Dated 23rd July, 2020 the grounds for the application are that “the applicant has failed to comply with due process of law,” “The Honourable Court lacks jurisdiction to determine this suit,” “This application is aimed at truncating the Nigerian Bar Association Election slated for the 29th and 30th of July, 2020” and “This application amounts to forum shopping which is an abuse of court process.”

The application is supported by a 4-paragraph affidavit deposed by one Gbenga Ayorinde, a litigation officer in the 1st Respondent’s counsel’s chambers.

The deponent averred inter alia “That the Applicant stated clearly in his Affidavit that he did not submit Letter of good standing as provided by the Nigerian Bar Association Electoral Law and Rules,” adding that “The duties of the 1st Respondent is to ensure Electoral laws and Rules are complied with.

He stated that “the first Respondent has done nothing wrong” and “That the Applicant has not instituted any substantive suit in this matter.” The deponent also stated that aside from the application amounting to forum shopping, “granting this (application) will cause anarchy and division within the Nigerian Bar Association.” According to him, “the court does not have jurisdiction to interfere in internal affairs of Nigerian Bar Association.”

It is recalled that Ogunlana had dragged the NBA and its electoral committee to the High Court of Lagos State sitting at Ikeja, praying for several orders.

Marked as Suit No. ID/4015GCM/2020, Ogunlana is praying for “An interlocutory order of this honourable court directing and compelling the Defendants, to include the name of the Claimant/Applicant in the list of candidates to contest for the Office of the President of the Nigerian Bar Association in the 2020 National Officers’ Elections and allowing same to contest pending the determination of the Motion on Notice in this matter.”

In the alternative, the disqualified NBA presidential aspirant is seeking “AN ORDER of injunction restraining the Defendants from conducting elections into the office of the President of the Nigerian Bar Association, without including the name of the Claimant as a candidate on the 29th and 30th July, 2020 or on any other date pending the determination of the Motion on Notice in the matter.”

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 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.