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U.S. Supreme Court to hear argument on Biden immigration enforcement policy

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U.S. Supreme Court to hear argument on Biden immigration enforcement policy

The U.S. Supreme Court on Tuesday is set to consider whether President Joe Biden’s administration can implement guidelines challenged by two conservative-leaning states of shifting immigration enforcement toward public safety threats.

This the court said in a case testing executive branch power to set enforcement priorities.

The justices will hear the administration’s bid to overturn a judge’s ruling in favor of Texas and Louisiana that vacated U.S. Department of Homeland Security (DHS) guidelines narrowing the scope of those who can be targeted by immigration agents for arrest and deportation.

The Democratic president’s policy departed from the hard-line approach of his Republican predecessor, Donald Trump, who sought to broaden the range of immigrants subject to arrest and removal.

Biden campaigned on a more humane approach to immigration but has been faced with large numbers of migrants crossing the U.S.-Mexico border.

The guidelines, announced by Homeland Security Secretary Alejandro Mayorkas in September 2021, prioritised apprehending and deporting non-U.S. citizens who pose a threat to national security, public safety or border security.

In a memo, Mayorkas called the guidelines necessary because his department lacks the resources to apprehend and seek the removal of every one of the estimated 11 million immigrants living in the United States illegally.

Mayorkas cited the longstanding practice of government officials exercising discretion to decide who should be subject to deportation and said that a majority of immigrants subject to deportation “have been contributing members of our communities for years.’’

Biden’s administration, saying fewer detentions and deportations have encouraged more illegal border crossings.

The top Republican in the U.S. House of Representatives, Kevin McCarthy, earlier called on Mayorkas to step down and said the House may try to impeach him when Republicans formally take control of the chamber in January.

Republican state attorneys general in Texas and Louisiana sued to block the guidelines after Republican-led legal challenges successfully thwarted other Biden administration attempts to ease enforcement.

Their lawsuit, filed in Texas, argued that the guidelines ran counter to provisions in immigration laws that makes it mandatory to detain non-U.S. citizens who have been convicted of certain crimes or have final orders of removal.

U.S. District Judge Drew Tipton, a Trump appointee, ruled in favor of the challengers, finding that while immigration agents could on a case-by-case basis act with discretion the administration’s guidelines were a generalised policy that contravened the detention mandate set out by Congress.

“Whatever the outer limits of its authority, the executive branch does not have the authority to change the law,’’ Tipton wrote.

After the New Orleans-based 5th U.S. Circuit Court of Appeals in July declined to put that ruling on hold, Biden’s administration turned to the Supreme Court.

The justices on a 5-4 vote declined to stay Tipton’s ruling, with conservative Justice Amy Coney Barrett joining liberal justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in dissent. The justices did not provide reasons for their disagreement.

Biden’s administration has told the Supreme Court that Texas and Louisiana lack the proper legal standing to challenge the guidelines because the states had not suffered any direct harm as a result of the policy.

The states countered that they would be harmed by having to spend more money on law enforcement and social services as a result of an increase in non-U.S. citizens present within their borders due to the guidelines.

The administration also told the justices that the guidelines do not violate federal immigration law and that the mandatory language of those statutes does not supersede the longstanding principle of law enforcement discretion.

A decision is expected by the end of June. 

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NHRC Condemns Killing of 16 soldiers

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NHRC Condemns Killing of 16 soldiers

By: Michael Mike

The National Human Rights Commission (NHRC) has condemned in strong terms the killing of 16 soldiers (officers and men) and some civilians on Thursday, March 14, 2024.

The killings were allegedly carried out by youths from Okuama community in Ugheli South local government area of Delta State while soldiers were on a peace mission to the community.

The Commission, in a statement on Monday, rejected the practice whereby aggrieved individuals and groups take laws into their hands attacking and killing law enforcement agents, insisting that such behaviors occasion human rights violations and distrust.

It said: “To this extent, it specifically amounts to violations of the right to life and dignity of human person as guaranteed under Article 3 of the Universal Declaration of Human Rights (UDHR), Article 1 of the International Covenant on Civil and Political Rights (ICCPR), Article 4 of the African Charter on Human and Peoples’ Rights (ACHPR), and other international instruments to which Nigeria is a signatory. Furthermore, everyone is entitled to life and security of their person under section 33 of the 1999 Constitution of Nigeria (as amended).”

NHRC said: “These senseless killings of security agents which has been going on in several parts of the country are not acceptable. Citizens must engage and collaborate with the Law Enforcement Agents (LEAs), by providing them with the necessary information that will assist them in fishing out those behind these heinous and dastardly acts and ensure that they are prosecuted and punished in accordance with the law.”

The Executive Secretary of the Commission, Dr. Tony Ojukwu in the signed statement, urged authorities to put necessary mechanisms in place to arrest everyone allegedly involved in the gruesome murders. This is aimed to bring all perpetrators to to justice and prevent further occurrence in the future.

He said: “We are keenly monitoring the situation and official investigation in this case to ensure that those who are behind this inhumane and wicked act are quickly arrested, prosecuted and punished in accordance with the relevant international, regional and municipal laws.”

The Commission urged everyone, including the affected community and the Nigerian Armed Forces to sheath their sword and refrain from any form of reprisals while awaiting for the outcome of the investigation. This is to avoid further escalation of the crises that could worsen tension and human rights violations.

The Commission expresses condolence to the Chief of Defense Staff, Chief of Army Staff, the Nigerian military, and the families of the slain soldiers and urges everyone to remain calm and trust that justice will be served accordingly.

NHRC Condemns Killing of 16 soldiers

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KACRAN Advocates for Peace and Unity

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KACRAN Advocates for Peace and Unity

By: Michael Mike

The Kulen Allah Cattle Rearers Association of Nigeria (KACRAN) has urged its members nationwide to refrain from engaging in any form of violence but rather foster peace and unity within the country.

The National President, KACRAN, Khalil Muhammad Bello, made the plea in a statement made available to journalists.

Bello insisting that KACRAN is as an organisation committed to harmony and progress, however strongly condemned any acts of vandalism and lawlessness, noting that such behavior poses a threat to the nation’s fragile security and contradicts our values as a civilized society.

He added that: “KACRAN acknowledges the challenging times Nigeria faces, particularly about insecurity. It is during such critical times that the solidarity of all Nigerians, irrespective of ethnic or religious backgrounds, is paramount. We must unite to prevent any actions that could further destabilize our nation.

“With a focus on enhancing our security system and maintaining peace, KACRAN calls upon its members to avoid demonstrations. While peaceful protests are a constitutional right, there exists the risk of such events being co-opted by malicious individuals seeking to cause disorder and damage.

“Furthermore, KACRAN wishes to express its profound appreciation for the North East Development Commission (NEDC) and its extensive efforts to implement development projects and support internally displaced persons in the region. This commendation stems from positive feedback from our members and reflects the commission’s dedication to President Bola Ahmed Tinubu’s vision of rebuilding and restoring hope in the affected areas. The NEDC is indeed trying towards the recovery process in the region”.

KACRAN urged the Federal Government of Nigeria to increase the funding for NEDC to enable them discharge their mandate efficiently.

He said: “We also acknowledge the exceptional leadership of His Excellency, Borno State Governor Professor Babagana Umara Zulum. Governor Zulum’s initiative of establishing a committee to foster peace between cattle rearers and farmers in the state is laudable. The committee’s mandate to address the root causes of conflicts and to promote longstanding harmony in Borno State is a testament to his exemplary governance”.

Bello however called on other state governors to emulate Governor Zulum’s proactive approach, stating that: “His transformative projects in Borno State serve as a model for leadership not only in Nigeria but globally.”

KACRAN reaffirmed its unwavering commitment to assist the federal, state, and local governments in seeking lasting solutions to Nigeria’s security challenges, calling on members to extend their full support and cooperation to achieve our collective goals of peace, unity, and development.

KACRAN Advocates for Peace and Unity

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Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

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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

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