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

Published

2 years ago

August 13, 2022

Editor

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.

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.

“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:

“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.

“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”

“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)

“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.

“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.”

News

AAC Guber Candidate Takes Swipe On Edo Speaker Over Suspension Of 3 Lawmakers

Published

2 hours ago

May 6, 2024

Editor

Dr Udoh Oberaifo, the governorship candidate of the African Action Congress (AAC) for the forthcoming election in Edo State, has condemned the suspension of three members of the state house of assembly by the Speaker, Blessing Agbebaku.

The Speaker had on Monday suspended the three lawmakers over an alleged plot to impeach.

The three suspended lawmakers are: Mr Donald Okogbe( PDP Akoko-Edo 11) Bright Iyamu(PDP Orihonmwon South) and Adeh Isibor, (Esan North East 1)

Reacting to the incident in Benin, Oberaifo described the suspension of the three lawmakers as illegal and unconstitutional.

He stated that the speaker lacks the legal power and right to suspend a lawmaker democratically elected by the people.

“So what will now happen to the lawmaking, representation and the constituents of this suspended members,” he asked.

He noted that the “tyranny of the speaker” clearly infringes on the rights of the good people of Edo, the suspended members and their constituents.

” Our courts have consistently held that disciplinary powers of legislative houses like Edo State House of Assembly do not extend to reckless suspension.

” The court of appeal in BAUCHI STATE HOUSE OF ASSEMBLY & ORS v. GUYABA agreed with the trial court in holding that the suspension of a then house of assembly member, Hon. Gubaya for three months was illegal.

“Recently, the court also took a similar view in case of Akinribido v Ondo State House of Assembly.

” The point I wish to state here is that the clear malicious suspension of this members of Edo House of Assembly for whatever reasons by the speaker, is laughable, unjustifiable, illegal and clearly unconstitutional.

“It clearly shows the directionless lawmaking powers; offside decision making of the PDP-led house of assembly, and lack of respect for democratic institutions, “ he said.

Oberaifo, therefore, called for the recall of the suspended members in line with clear court precedents in similar matters.

According to him, the above shows that Edo people can no longer continue with the status quo of the PDP governance and law making in the state.

He urged the people to reject the PDP in the forthcoming governorship elections and vote the candidate of the AAC as a better alternative and for credible governance.

News

Edo Police Arrest Two Minors, Others For Allegedly Up Uploading Woman’s Nude Video Online

Published

2 hours ago

May 6, 2024

Editor

Two minors and three others have been arrested by operatives of the Edo State Police Command for allegedly stripping one Christabel Akhigbe naked over alleged phone theft.

They were said to have made a video of her nakedness and uploaded it on social media.

The suspects, Blessing Lucky 15, Jennifer Eboigbe 30, Iziegbe Ogbodu 39, Naomi Ekhonetomwan 17, and Lucky Endurance 16 were arrested for indecent assault and cyber stalking on a female.

The state Commissioner of Police, Funsho Adeboye, who paraded the suspects at the command headquarters in Benin, the state capital, said the suspects accused the victim of stealing an android phone belonging to one Lucky and called her to return the said phone.

Adeboye said after Christabel had returned the phone to the owner, they lured her into Blessing Lucky’s mother’s house, beat and stripped her naked and threatened to put pepper in her private parts.

He added that the suspects made a video of the scene which has gone viral on social media.

Adeboye said that on receiving the report, police operatives arrested the suspects who confessed to the crime.

He added that they will soon be charged in court.

The CP said, “The Edo Police Command have arrested five females for stripping a woman for allegedly stealing an android phone. They then made a video of the victims while naked and posted it online.

“They have now become suspects in a case they should have been the complaints.”

While warning the citizens not to take laws into their own hands, noting that those who should have been the complainants have turned themselves into suspects in the case.

He said the police would cooperate with human rights organisations to make sure that the suspects pay for the crime.

“I will advise residents not to take law into their own hands and to report cases of this nature to the police,” he said.

One of the suspects, Eboigbe, said she is ashamed of what they did to the victim.

She said, “My daughter came to tell me that her phone was stolen and after some days, we retrieved the phone from the person who stole the phone. The girl begged me that they shouldn’t beat her, but despite her plea, they went ahead to strip her naked.

“I am ashamed of what they did because I am a mother.”

News

[BREAKING] ‘Juju’ Scare: Edo Speaker Suspends Shaibu’s Ally, Two Others

Published

6 hours ago

May 6, 2024

Editor

The Speaker of the Edo State House of Assembly, Blessing Agbebaku, on Monday suspended three lawmakers over an alleged plot to impeach him and other principal officers of the Assembly.

One of the suspended lawmakers, Donald Okogbe, PDP, Akoko-Edo II, is an ally of the impeached deputy governor, Philip Shaibu, and was the only lawmaker who did not sign the petition that led to Shaibu’s impeachment.

The two others are Addeh Emankhu Isibor, APC, Esan North-East I, and Iyamu Bright, PDP, Orhionnwon II.

Agbebaku also accused the trio of bringing native doctors to the House on May 1 at around 1am to perform a sacrifice.

Agbebaku said the three lawmakers were suspended indefinitely, alleging that external forces were influencing them to cause chaos and remove the house’s leadership.

The suspension of the lawmakers, however, created tension in the House as the affected lawmakers kicked against their suspension.

In a rowdy session, the three suspended lawmakers were seen screaming, “Mr Speaker, you do not have the right to unilaterally suspend any member(s) of the house.

“You must call for votes. Allow members vote on the matter.”

The Speaker, thereafter, adjourned the plenary abruptly.