News

Foreign Affairs Committee Urges UK Govt To Intervene In Kanu’s Case

Published

1 year ago

April 14, 2023

British Foreign Affairs Committee (FAC) has asked the United Kingdom Government to intervene in the matter of the Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, who has been incarcerated by Nigeria’s secret police since June 2021.

According to a report by FAC, which was revealed to Vanguard by Kanu’s Special Counsel, Barr Aloy Ejimakor, on Friday, the UK government must act on recommendations that will favour Kanu as a British national.

The report said, “Foreign Affairs Committee issues damning report into the UK government’s failure to assist British nationals abroad as Kanu family appeals High Court judgment on challenge to two years of FCDO hand-wringing

“The Foreign Affairs Committee (“FAC”) has published a damning report, concluding that the UK government is failing to prevent “Abductor states” from “weaponising [the] citizenship of British nationals for geopolitical ends”.

“The report draws on evidence provided by the Kanu family in relation to British national Nnamdi Kanu, the leader of the Indigenous People of Biafra (“IPOB”), who was abducted and tortured in Kenya by the Nigerian security forces and subject to extraordinary rendition to Nigeria in June 2021, where he has remained in detention ever since.

“The publication of the report is timely, as the Kanu family are about to appeal against the UK High Court judgment that the FCDO can lawfully evade reaching any conclusion on whether Mr Kanu has been subject to extraordinary rendition.

“The report makes various recommendations to combat the UK government’s failure to effectively assist British nationals like Mr Kanu, who find themselves subject to gross violations of their human rights abroad. The following recommendations are directly relevant to Mr Kanu’s case, though his family are fearful that the proposed policy reforms may come too late to help him.

“The report recommends: Whereas in Mr Kanu’s case – there is a UN Working Group on Arbitrary Detention Opinion that a detention of a UK citizen is illegal, the FCDO should assume that the case will not be judged in line with international standards and should respond accordingly.

“The Government should as a matter of practice promote public acceptance of the Opinion (‘Conclusions and recommendations’, paragraph 4). The report notes that in Mr Kanu’s case, the UK government has not issued any comment on the UNWGAD’s unequivocal finding that Mr Kanu has been subject to arbitrary detention (footnote 31).

“Within the next 12 months, the Government should formalise and publish guidance outlining criteria for determining whether the detention of a UK national by a foreign state is considered arbitrary. A review should then be carried out of all UK nationals detained overseas according to the established criteria.

“The conclusions on the nature of the detention should be used to classify the case internally, in discussions with the family and, where appropriate, publicly (‘Conclusions and recommendations’, paragraph 2).

“The Kanu family support this recommendation as it has emerged from Mr Kanu’s judicial review challenge that the UK government does not have any specific policy to deal with British nationals subject to extraordinary rendition abroad.

“The FCDO should have a “central repository” for information on cases of arbitrary detention, detailing processes followed and learning gained, and should adopt a “systematic approach to all cases, not simply a sample” (‘Conclusions and recommendations’, paragraph 9). The majority of families who provided evidence towards the FAC on behalf of loved ones detained abroad described a “consistent feeling of a lack of transparency” from the FCDO and “inadequate” communication regarding the FCDO’s efforts to assist their loved ones (paragraph 70).

“The report notes Mr Kanu’s family’s concerns that although they have had regular communication with the FCDO, “this might not have been forthcoming had their legal representation not requested it” (paragraph 75).

“Within the next 12 months, the UK government should undertake appropriate consultation to establish the position of Director for Arbitrary and Complex Detentions, with a mandate including “coordinating the response to certain cases, providing a point of contact for families, convening a cross-government response, and coordinating the UK’s response to the multilateral efforts to address state hostage taking and arbitrary detention with a relentless focus on them. The postholder should have a direct line to the Prime Minister.”

“The presumption that “quiet diplomacy” is always appropriate throughout cases of state detention “is a false one” and the UK Government should use “the strongest possible language to call out” situations of state detention (‘Conclusions and recommendations’, paragraph 19).

“This is particularly notable in Mr Kanu’s case where the FCDO has repeatedly asserted, without any explanation, that the diplomatic approach it is adopting is appropriate, despite there being no tangible improvement in his case after nearly two years.

“The UK Government must use every means at its disposal to secure the basic level of consular access it commits to provide for its nationals and that it is entitled to under international law—regardless of the perceived legitimacy of the charges or rigour of the legal system.”

The report notes that “This could include imposing a political cost (such as delaying negotiation on other bilateral issues), walking out of speeches given by offending countries, or exploring legal options through the various international treaty mechanisms” (‘Conclusions and recommendations’, paragraph 24).

“This is essential in Mr Kanu’s case, where he has received limited and infrequent consular access.

“Reflecting on the report, Kingsley Kanu, the brother of Nnamdi Kanu, said: “For nearly two years now, our family have been pressing the UK government to take more robust action to assist my brother.

“However, the UK government has responded by wringing its hands, procrastinating and offering platitudes rather than action that makes a difference.

“The government has not been willing to even reach a conclusion, privately or publicly, on whether Nnamdi has been subject to extraordinary rendition and has constantly told us that the approach it is taking is the most appropriate one.

“It is satisfying to us that the FAC has called into question the FCDO’s blanket approach of ‘quiet diplomacy’ and has been critical of the level of protection the FCDO currently offers to British nationals detained abroad. We hope that the FCDO will take the recommendations into consideration and will reconsider its approach to my brother’s case in light of them.”

It disclosed that Mr Kanu’s family is represented by John Halford and Shirin Marker of Bindmans LLP, together with Charlotte Kilroy QC of Blackstone Chambers and Tatyana Eatwell of Doughty Street Chambers.

Ms Marker said, “The FAC’s report is a damning indictment of the government’s efforts to assist British nationals subject to serious violations abroad and unfortunately reflects the experience of Mr Kanu’s family in trying to engage the FCDO in his case. We welcome the FAC’s insightful recommendations and hope that the UK government will take immediate steps to implement them.

“In criticizing the blanket ‘quiet diplomacy’ approach adopted by the FCDO the report demonstrates further that the FCDO’s current position is untenable. We hope the FCDO will rethink it in the light of the report but are ready to put our concerns to the Court of Appeal if it will not do so.”

VANGUARD

News

Bandits Seek Peace Talks With Zamfara Gov In Viral Video

Published

7 hours ago

April 19, 2024

Editor

Some bandits have called for a peace talk with the Zamfara State Governor, Dauda Lawal.

The decision of the gun-wielding men was made known in a viral video on Thursday.

In the video, a bandit, Garba Habeeb, who claimed to be the leader, appealed for negotiation between his group and the state government.

He said, “Because I represent Zamfara State (bandits), after that I need to send message to Dauda Lawal. Dauda Lawal Dere ‘ittakullaha’ (fear God)!

“As from today, we need peace. We need peaceful coexistence in Zamfara State. Continued fighting will not bring us peace. Peace is what is required of you.

“If you look at what’s going on in Eastern Africa, you’ll agree we need to find common ground to resolve our differences.

“After that, I need to send a message to the military, Tukur Usman Gusau, because he’s the one who sends warplanes to bomb bandits.

“Last week, a vigilante group came to my area to follow my cow and sheep to go (sic). This one is not good.

“Dauda Lawal Dare, you’re the leader of Zamfara State, fear God. If you lead a peaceful Zamfara, (sic) then call all the leaders of Fulanis and all the ‘Kachallas’ (bandits commanders) to the negotiation table for the benefit of all,.”

Efforts by to reach the governor’s spokesperson, Sulaiman Idris, for comment proved abortive as his phone lines were not connecting and text messages were not replied to.

In 2019, bandits in Zamfara gave conditions for laying down their arms, one of them being the halting of extra-judicial killings of herdsmen.

The bandits also demanded that they be allowed to attend local markets without fear or intimidation.

Recently, the governor called for the deployment of more soldiers due to the high level of insecurity plaguing the state.

He made the call when he visited the Chief of Defence Staff, Christopher Musa, at the Defence Headquarters in Abuja.

A statement by the governor’s spokesperson disclosed that the governor briefed the CDS about the security situation in the state during the meeting.

Lawal expressed concerns over the resurgence of attacks in some parts of his state and appealed to Musa, an army general, to deploy more troops and weapons to the state.

PUNCH

News

JUST IN: More Trouble For Bello As Immigration Service Places Ex-Kogi Gov On Watchlist

Published

7 hours ago

April 19, 2024

Editor

The Nigerian Immigration Service on Thursday put the immediate past Governor of Kogi State, Yahaya Bello, on its watchlist.

This came hours after the Economic and Financial Crimes Commission declared Bello wanted in connection to an alleged case of money laundering to the tune of N80.2bn.

The circular sighted by The PUNCH was dated April 18, 2024 and was signed by Assistant Comptroller of Immigration, DS Umar, for the Comptroller-General, Kemi Nandap.

The service detailed the name, nationality, and passport number of the former gpvernor (B50083321) saying “I am directed to inform you that the above-named person has been placed on the watch list.

“Suffice to mention that the subject is being prosecuted before the Federal High Court Abuja for conspiracy, breach of trust, and money laundering vide letter Ref; CR; 3000/EFCC/LS/EGCS.1/ TE/Vide/1/279 dated April 18, 2024.

“If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation or contact 08036226329/07039617304 for further action.”

Earlier, the EFCC declared Bello wanted, asking members of the public with useful information about the former governor’s whereabouts to contact any of the commission’s offices across the country.

The anti-graft commission had earlier stated that it would arraign the former governor before a Federal High Court sitting in Abuja on Thursday.

This came after the EFCC was granted a warrant of arrest by the Federal High Court in Abuja to apprehend Bello.

Bello, alongside three other suspects, Ali Bello, Dauda Suliman, and Abdulsalam Hudu, were to be arraigned before Justice Emeka Nwite on 19 counts related to money laundering.

But drama ensued when officers of the Nigeria Police Force foiled the EFCC’s attempt to arrest Bello at his Abuja residence on Wednesday.

A group of armed men, identified as “Special Forces,” along with officers from the Nigeria Police Force, intervened to prevent the EFCC operatives from apprehending him.

The PUNCH gathered that the current governor of Kogi State, Usman Ododo, had intervened to prevent the arrest of his predecessor.

Ododo’s security team reportedly escorted Bello out of the location in the governor’s vehicle.

News

Ex-Anambra Gov, Obiano Loses Bid To Stop Trial In N40bn Fraud Charges

Published

10 hours ago

April 18, 2024

Editor

Justice Inyang Edem Ekwo of the Federal High Court in Abuja has dismissed the application by a former Anambra State Governor, Willie Maduabuchi Obiano, which sought to quash the N40 billion money laundering charges brought against him by the Federal Government.

The Judge, in a ruling delivered on Thursday, faulted and rejected all grounds upon which the application was predicated by Obiano.

The former governor had, among others, prayed the Judge to dismiss the 9-count charges instituted against him by the Economic and Financial Crimes Commission, EFCC, on behalf of the Federal Government.

He claimed that there was no connection between the proof of evidence supplied to the court by the EFCC and the accusations against him.

He averred that there was no testimony from any witness indicating that he issued directives for the disbursement of security votes and other funds belonging to the Anambra State Government.

Obiano also claimed that he could not be held accountable for any alleged unlawful actions by officials of the Anambra State Government as there is no concept of vicarious liability in the criminal justice system.

His motion on notice was brought pursuant to Section 6(6)(a) and (b) and Section 36(6)(b) of the 1999 constitution as amended and Section 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Criminal Justice Act 2015.

Among others, Obiano sought “An order of the court quashing the instant charge for it amounts to flagrant abuse of judicial process and a mockery of the criminal Justice

“An order quashing the charge for non-disclosure of a prime facie case being vague and devoid of precision in respect of all the 9 count charges.

“No prima facie case has been disclosed against the defendant in this charge. There is no link between the proof of evidence and the purported allegation made against the defendant in the charge

“No evidence exists from any witness showing that the defendant passed down a directive for the disbursement of security votes and other funds belonging to Anambra State government.

“The defendant cannot be made answerable for any purported unlawful actions of officials of Anambra State government as there is no vicarious liability in our criminal jurisprudence.

“The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions.

“The subject matter of the charge borders on accountability for security vote funds.
The honourable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds

“There is an appeal filed by the Anambra state government challenging the powers of EFCC to investigate the security vote of Anambra state government.

“The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above.”

But in the ruling, Justice Ekwo held that all the reliefs sought by Obiano are not grantable because they are premature and lacking in merit.

The Judge said there is no way the court would know whether the former governor is linked with the alleged offences or not unless the trial is conducted in line with the provisions of the law.

The former governor is being prosecuted by EFCC on 9-count charges bordering on money laundering to the tune of N40 billion.

Meanwhile, the Judge has fixed June 24, 25, 26 and 27 for full blown trial of the charges.

In the same vein, Justice Ekwo permitted Obiano 60 days to travel abroad for medical treatment.

The Judge ordered that Obiano be made to sign an undertaking to return to the country after the treatment and to deposit his travelling passport within three days of his return to Nigeria.