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Election Violence: Group Writes Biden, Seeks Visa Bans, Property Sanctions Against Perpetrators

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Socio-Economic Rights and Accountability Project (SERAP) has urged the US President Joe Biden to exercise his powers “pursuant to the Presidential Proclamations 7750 and 8697 and the Immigration and Nationality Act to ban Nigerian officials, politicians and other perpetrators and sponsors of violence during the just concluded elections.”

SERAP also urged Mr Biden to “use the Global Magnitsky Human Rights Accountability Act to block or revoke the visas of anyone suspected to be responsible for cases of intimidation, harassment and violence during the elections, and to impose asset freezes and property sanctions on them and their families.”

The letter followed reports of cases of election-related intimidation, harassment and violence in several states of the country, including in Akwa Ibom, Enugu, Gombe, Lagos, Edo, Ogun, Osun, Rivers, and Taraba states, and Abuja.

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In the letter dated 25 February, 2023 and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said: “The imposition targeted sanctions against suspected perpetrators and sponsors of election-related violence in Nigeria would promote accountability, end impunity, and deter human rights violations.”

READ ALSO: #NigeriaElections2023: PFN Chair Calls For Cancellation Of Election In Problem Areas

SERAP said, “Applying the presidential proclamations, Global Magnitsky Act, and Immigration and Nationality Act as recommended would be very helpful to the efforts to stop further violence before, during and after elections, facilitate free and fair elections, and encourage the people to exercise their right to vote.”

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The letter, read in part: “The recommended travel bans, asset freezes and property sanctions should also cover anyone who may perpetrate and sponsor violence and human rights crimes during the postponed elections in 141 polling units, and the governorship elections scheduled for March 2023.”

“SERAP welcomes your government’s publicly expressed commitment to impose visa restrictions on officials, politicians and other perpetrators and sponsors of election-related intimidation, harassment, and violence. We urge you to include asset freezes and property sanctions on the list.”

“Giving serious consideration to our recommendations and promptly implementing them would give meaning to this commitment, and demonstrate the willingness of your government to support and strengthen democracy, citizens’ participation and the rule of law, as well as end a culture of election-related violence in Nigeria.”

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“SERAP notes that presidential proclamations 7750 and 8697 underscore the US ‘enduring commitment to respect for human rights and humanitarian law’, which requires that its Government be able to ensure that the US does not become a safe haven for suspected violators of human rights, including election-related intimidation, harassment and violence.”

“The proclamations also aim to help the US authorities to secure peace, promote the rule of law, combat crime and corruption, and strengthen democracies around the globe.”

READ ALSO: #NigeriaElections2023: Thugs Burn Ballot Boxes, Voting Materials In Benin

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“Significantly, the presidential proclamations underscore that it is in the interests of the United States to take action to restrict the international travel and to suspend the entry into the United States, as immigrants or non-immigrants, of certain persons who are suspected to be involved in serious violations of human rights.”

“Under Section 212(a)(3)C) of the Immigration and Nationality Act, officials and politicians and other suspected perpetrators and sponsors of election-related violence will be found ineligible for visas to the United States under a policy to restrict visas of those who directly or indirectly undermine democracy in Nigeria.”

“Under these provisions, certain family members of such persons may also be subject to these restrictions. Additional persons who undermine the democratic process in Nigeria—including before, during and after the elections which took place on 25 February 2023 may be found ineligible for U.S. visas under this policy.”

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“SERAP urges you to apply the presidential proclamations, the Immigration and Nationality Act, and the Global Magnitsky Human Rights Accountability Act as instruments of foreign policy to promote targeted sanctions against officials, politicians and other suspected perpetrators and sponsors of election violence.”

“Applying these instruments would also end election-related intimidation, harassment and violence, and facilitate equivalent visa bans, asset freezes and property sanctions in other globally desirable locations as well.”

“Proactive initiatives by your government to protect democracy, citizens’ right to political participation and the rule of law in Nigeria would invariably be in the best long-term interests of the US. Such initiatives would also be entirely consistent with the US international obligations.”

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“Such sanctions would not violate due process and presumption of innocence principles, as long as the reasons for the sanctions are communicated to those that may be affected. The imposition of travel bans, asset freezes and property sanctions is a preventive and not punitive measure.”

“According to our information, the Presidential and National Assembly elections which took place today across the country were characterized by cases of election-related intimidation, harassment and violence in many states. There are reports of loss of lives, injuries and disruption of the voting process in many states.”

“Armed thugs also disrupted elections in several states of the country including in Akwa Ibom, Enugu, Gombe, Lagos, Edo, Ogun, Osun, Rivers, and Taraba states, and the Federal Capital Territory.”

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“Armed thugs snatched ballot boxes, took away election materials, broke chairs and dispersed voters in several areas of in Kogi State, including in Anyigba Dekina towns. Thugs also reportedly attacked polling units in polling units in Niger, Delta and Katsina states, stealing at least eight BVAS machines.”

“Presidential and national assembly elections were postponed in 141 polling units in Yenagoa, the capital of Bayelsa State because of incidents of election-related intimidation, harassment and violence.”

READ ALSO: NigeriaElection2033: Two People Killed In Rivers Polling Unit

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“A pregnant woman identified as Ruth Osah, and a member of a local security outfit, Mark Orduize, were allegedly killed at a polling unit in the Ubimini community, Emuoha Local Government Area of Rivers State. One person was reportedly killed in Taraba State.”

“Armed thugs also injured two voters in Akwa Ibom State before carting away a Bi-Modal Voter Accreditation Machine System machine for units 11 and 12 at the Oniong West Ward I in the Onna Local Government Area of the state.”

“Thugs also reportedly snatched ballot boxes and voting materials at the Oredo Ward 4 Unit 42 on Butcher Street, Benin, Edo State, and chased away the polling officials. Political thugs also destroyed 24 ballot boxes in at least eight polling units in Abuja.”

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“On Dipolubi Street in the Surulere area of Lagos, a woman, Efidi Bina Jennifer, was allegedly stabbed by thugs at the polling unit. A polling unit outside the Oba Elegushi Palace at Ikate in Eti-Osa, Lekki, was also reportedly attacked by thugs, who carted away ballot boxes and chased away electoral officers.”

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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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