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Biafra: Nnamdi Kanu’s Lawyers Write Malami, Foreign Affairs Ministry, Make Demands

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The legal team of Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu led by Aloy Ejimakor, has written to the Attorney General of the Federation, AGF, and Minister of Justice, Abubakar Malami.

The team is demanding Kanu’s unconditionally release in line with the recommendations of the United Nations

Working Group on Arbitrary Detention.

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They reminded Malami of the need to accord Kanu an enforceable right to compensation and other reparations for his continued unlawful detention.

The letter was addressed to Malami and the Minister of Foreign Affairs was signed by Chukwuma-Machukwu, and Ejimakor.

The letter reads partly: “As you must have noted, the Opinion demanded the Government of the Federal Republic of Nigeria to immediately and unconditionally release our client; Mazi Nnamdi Kanu and accord him an enforceable right to compensation and other reparations for his continued unlawful detention.

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READ ALSO: Biafra: Shut Down IPOB-linked YouTube Channels, FG Tells Google

“The Working Group requests the source and the Government to provide the above- mentioned information within six months of the date of transmission of the present opinion. However, the Working Group reserves the right to take its own action in follow-up to the opinion if new concerns in relation to the case are brought to its attention. Such action would enable the Working Group to inform the Human Rights Council of progress made in implementing its recommendations, as well as any failure to take action”. All emphasis (italic, bold underlining) ours.

Your Excellency, we are sending this demand Letter to you because we believe that the subject matter falls under the jurisdiction of the Foreign Relations Ministry of Nigeria, as it is the duty of the Ministry to, among other things, ensure that Nigeria complies with her obligations under international law. Thus, in your considerations of the subject matter of this Letter, we respectfully invite you to be guided by the following:

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“The Working Group, which is an integral part of the United Nations Human Rights Council, is a quasi-judicial body that has the legal mandate of the United Nations to adjudicate human rights petitions brought against member nations of the United Nations.

“The Opinion of the Working Group is legally binding on Nigeria because it is based primarily on Universal Human Rights standards set by Article 9(1) of the International Covenant on Civil and Political Rights, 1966, the Universal Declaration of Human Rights, The Universal Declaration of Human Rights, 1948 , The Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, 1988, The Declaration on the Protection of All Persons from Enforced Disappearance, 1992, The Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 1989; all to which Nigeria is a signatory.

“Some of the above human rights instruments were mentioned in the Opinion as having guided the Working Group in reaching this decision. To be sure, ratification is a means by which a nation renders itself subject to international laws and treaties. And by virtue of Section 12 of the 1999 Constitution of the Federal Republic of Nigeria {as amended} and a plethora of decisions by the Supreme Court of Nigeria {see; Abacha v Fawehinmi [2000] 6 NWLR Part 660 p 228}, ratification makes Nigeria subject to and bound by whatever treaties, principles, protocols, etc that it ratified and domesticated.

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“Thus, Nigeria’s Domestication of Article 6 of the African Charter on Human and Peoples’ Rights {which includes Article 6 that guarantees the Right against unlawful detention. This Article is as well very similar to Article 9(1) of the International Covenant on Civil and Political Rights} has made Nigeria bound by it and in extension, bound by the Opinion of the Working Group which it was founded on.

“Furthermore the International Court of Justice in its dictum in the Hostages in Tehran case, ICJ Reports 1980, p. 42, para. 91 held:

“wrongfully to deprive human beings of their freedom and to subject them to physical constraint in conditions of hardship is in itself incompatible with the principles of the Charter of the United Nations, as well as with the fundamental principles enunciated in the Universal Declaration of Human Rights”

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READ ALSO: JUST IN: Court Dismisses Fresh Bail Application For Nnamdi Kanu

“It thus follows that, notwithstanding that a State may not have ratified or otherwise adhered to any of the preceding human rights treaties, it is nonetheless bound by other legal sources to ensure a person’s right to respect for his or her liberty and security.

“That Kenya has not taken up a complaint against Nigeria for kidnapping a British citizen in her sovereign State cannot in law be an alibi for Nigeria as to avoid its Rule of Law obligations. The case of United States v. Toscanino (also cited in the Opinion) emphatically points out that a violation of international law is not merely a political matter to be settled through diplomatic channels by the states involved, but can also be relied upon by the accused in the domestic courts. see; See State v. Brewster (1835), 7 Vt. 118; United States v . Unverzagt (1924), 299 F. 1015 (D.C .), (1919-42)

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“To this effect, even when Nigeria denies being a signatory to or ratifying some of the instruments as listed above which the Working Group relied on, the International Court of Justice has already set the precedent that even States that did not ratify these Documents will still be bound by them.

“As a bonafide member of the United Nations Organisation, Nigeria is subject to Decisions cum Opinions issued from all the United Nations bodies. Thus, it is our firm position that Nigeria is legally bound to implement this well founded and universally respected Opinion in its fullness of letters and spirit. And it is expected to do so promptly.

“The comity of Nations cannot allow Nigeria to pick and choose benefits from international Covenants and Conventions to revile on its duties and obligations accruing from the said international Covenants and Conventions. For her benefit, Nigeria followed through with her claims over Bakassi in the International Court of Justice.

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“How did we come to this level? In fact, we must reiterate that impunity and violence are sure signposts of misgovernance and are never allowed in the comity of sovereign nations where intelligence, higher thoughts and diplomacy are the only life wires of good governance and mutual international relationships with other nations.

“This Nigeria cannot afford to squander. It is an opportunity to explore a more reconciliatory path to resolving the Biafra question.

“In view of all the foregoing, we most respectfully ask you to bring your good Office to bear on the Government of Nigeria to unconditionally release our Client, Nnamdi Kanu within a reasonable time after the receipt of this letter.”

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READ ALSO: Kanu: US Lawyer Writes Ohanaeze, Raises Alarm

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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