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Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention
Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention
The Court of Appeal on Monday dismissed the appeal filed by Felix Okonkwo, one of the lawyers to the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu over his unlawful arrest and detention by the Police and the Department of State Services (DSS) .
Justice Okon Abang dismissed the appeal for want of merit.
Delivering judgment, Justice Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory, Abuja in the matter.
The appellants comprising of Felix Okonkwo, Ikenna Chibuike and Okafor Ugochukwu had dragged the Nigeria Police Force and the DSS before the high court for the enforcement of their client’s fundamental human rights.
The appellants specifically accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed that they were tortured, harassed and intimidated while in the custody of the Police.
Justice Samaila Bature had, in his judgment delivered on March 24, 2022 found the police liable for the unlawful arrest and detention of the the appellants and subsequently imposed a fine of N2 million against Police to be paid to the appellants.
Justice Bature however did not make any order against the DSS because the appellant, then plaintiffs did not disclose any cause of action against the state services.
Not satisfied with the findings and decisions of the high court, the three plaintiffs had approached the Court of Appeal praying for an order to hold that SSS was also culpable in their arrest and detention.
They claimed that the N2 million imposed on the police as fine, was paltry and ridiculously low and asked the appellate court to jerk up the fine as compensation for their unlawful arrest and detention.
In a unanimous judgment by a three-man panel of the appellate court, Justice Abang held that from the video footage tendered as exhibit by the appellants at the trial court, there was no where the operatives of the SSS were found at the scene of their arrest in the house of Ifeanyi Ejiofor in Anambra state.
He disagreed with the appellants in their claims that the N2 million compensatory damages was grossly insufficient.
According to Abang, the decision to award compensatory damages is at the discretion of a Judge and cannot be dictated by any plaintiff or appellant.
In the instant case, Justice Abang agreed with Justice Bature that perculiar facts and circumstances of the unlawful arrest and detention of the appellants were carefully considered at the trial court before arriving at the amount.
Besides, Justice Abang said that the appellants did not point out irrelevant facts in the judgement of the high court and did not also disclose their status in the society, they did not point out their monthly or yearly income and also did not point out what they lost in the course of their detention.
“In my opinion and going by the perculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded.
“I cannot fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount.
“In the final analysis, the appeals lacks merit and it is accordingly dismissed, the decision of the trial court is hereby affirmed. There is order as to cost”, Justice Abang held.
Justices Joseph Oyewole and Abba Bello Mohammed endorsed the unanimous judgment delivered by Justice Abang.
Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention
NBMA Debunks Allegations of Negligence, Compromise Against It
By: Michael Mike
The Director General and Chief Executive Officer (DG/CEO) of the National Biosafety Management Agency (NBMA), Dr. Yemisi Asagbra debunked some allegations level against the agency by some non governmental organisations (NGOs) concerning negligence and compromise.
Speaking during a press briefing in Abuja on Friday, Asagbra said: “The negative statements circulating are misleading and lack credible scientific backing. The agency asks these organisations to present verifiable scientific evidence for their claims and we relies on sound scientific research and internationally recognized protocols to make informed decisions. It is part of the Cartagena Protocol with over 180 parties, our mandate is to protect the health of Nigerians and the environment. It will not compromise on this as it is an agency of integrity.
She added that: “The agency is transparent and accountable in its operations. It invites review of its processes and rigorous evaluations of GMO products. We are confident in our procedures that it’s meet global standards and it is a leader in effective regulation in Africa”.
On the source of the allegations, she said “over the years they have been advocating to have their presence in the board where all these products coming will be thoroughly Investigated, but it hasn’t been given. Most times we rely on the information given by Nigeria Custom Service to furnish them with needed information, which most time is not always easy if they have other things doing.
The Head planning, research and statistics National Biosafety Management Agency Mrs. Bello Scholastica said the agency is concerned with safety to our health and safety to our environment.
She further reiterated that what NBMA stands for is to establish first regulation from identification of the gene of interest, “of what you are interested in, from then till commercialization, and even after commercialization, they still follow suit to make sure that the approvals they gave hasn’t caused any harm, or those that were given approval to that they stay put to what they were asked to do”.
She further explained that the agency has put in effort to promote environmental conservation and biosafety in Nigeria.
NBMA Debunks Allegations of Negligence, Compromise Against It
House of Reps Assures on Passage of Human Rights Defenders Bill
By: Michael Mike
The House of Representatives has revealed that it is interested in the passage of the Human Rights Defenders Bill into law, saying that the bill has already passed the first reading and will soon be subjected to second reading.
The House also promised to take the necessary steps to ensure an improvement in the 2025 budget of the NHRC, pointing out that the N5 billion approved for it in the 2024 budget is inadequate considering the myriad of human rights violations in the country.
The Chairman House Committee on Human Rights, Hon. Abiola Makinde made this disclosure during the oversight visit of Committee to the National Human Rights Commission (NHRC).
The Chairman, who was represented at the occasion by his Deputy, Hon. Mudashiru Lukeman assured the NHRC that the Committee would continue to advance the course of human rights in Nigeria by ensuring that the House of Representatives passes critical bills on human rights issues as well as makes adequate budgetary provisions to ease the work of the Commission.
Makinde also stated that in a bid to improve some aspects of Civil and Political Rights, the House of Representatives had ensured the establishment of human rights desks in all police formations and Headquarters across the 36 States of the Federation.
Earlier, the Executive Secretary of the NHRC, Dr. Tony Ojukwu who received the lawmakers with his management staff told the Human Rights Committee that the Commission relies heavily on them for the enactment of human rights friendly laws and enhanced budgetary provisions to discharge it broad mandate of promotion, protection and enforcement of human rights in the country.
He used the opportunity to commend the legislators for their role in the amendment of the NHRC Act 2010 as well as the support of the Speaker of the House of Representatives, Hon. Femi Gbajabiamila in the payment of compensation to victims of human rights violations by the Special Anti-Robbery Squad (SARS) unit of the Nigeria Police Force.
He equally informed the legislators who were on oversight visit about the recent report released by the Commission following the findings of the Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in the North East Nigeria , which he noted has saved the country from possible invitation by the International Criminal Court (ICC).
He noted that the aforementioned wide spread allegations of human rights infractions against some government institutions could result in the ICC extending invitations to some of the leaders to respond to the allegations, but the Commission has done the needful in compliance with the international principles of omplementarity.
He thanked the Committee for promising to improve the budgetary allocation of the Commission in the 2025 fiscal year.
House of Reps Assures on Passage of Human Rights Defenders Bill
FG Confirms Arrest of Simon Ekpa
By: Michael Mike
The arrest of Biafra agitator, Simon Ekpa in Finland has been confirmed by the federal government.
A statement on Friday by the Ministry of Foreign Affairs stated that the Nigerian-Finnish citizen and prominent leader of the proscribed Indigenous People
of Biafra (IPOB), was arrested by Finnish authorities on Thursday.
According to the statement, Ekpa was
charged with inciting terrorism and promoting violence.
The Finnish District Court of
Päijät-Häme ruled to detain him on probable cause for publicly inciting crimes with terrorist intent.
The Finnish authorities alleged that Mr. Ekpa used social media platforms to spread
separatist propaganda, incite violence and encourage illegal actions, which had caused
significant disruptions in the South-East of Nigeria. Finnish investigators had also linked
him to incidents of violence in Nigeria, which were believed to had been fueled by his
online activities.
The statement said “the arrest of Mr. Simon Njoku Ekpa follows sustained diplomatic
pressure by the Nigerian government on Finland, to take action against his activities,
which were linked to violence and instability in the South-East of Nigeria. The request
for action featured during high level engagements between countries.”
The Ministry stated that the arrest of Ekpa, is a significant development in addressing the activities of IPOB, and also neutralizing the influence of transnational actors and “their impact on our national security.”
The Ministry promised to continue to monitor the legal proceedings and provide further updates as the case progresses.
FG Confirms Arrest of Simon Ekpa
NBMA Debunks Allegations of Negligence, Compromise Against It
Nigerian lawyers Ask to Collaborate with Chinese Colleagues in Law Relating to Investment and Dispute Resolution
House of Reps Assures on Passage of Human Rights Defenders Bill
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