Fayose, Falana trade words over Abuja N1bn property

The Governor of Ekiti State, Mr. Ayodele Fayose, has criticised human rights lawyer, Mr. Femi Falana (SAN), over the allegation by the Attorney General of the Federation, Abubakar Malami (SAN), linking the lawyer to a N1bn property on Gana Street, Maitama, Abuja.

Fayose said it was embarrassing, shameful, disgraceful that a man of Falana’s standing, reputed to be a human rights activist, friend of the masses, crusader of justice and defender of democracy, could be linked to such a scandal.

The embattled former chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina, had accused Falana of buying the building which was one of the properties he helped to seize from suspected pension thieves and handed over to the Economic and Financial Crimes Commission.

Malami had while testifying before the National Assembly last week, echoed the allegation, saying the property was sold to a ‘Lagos lawyer.’

Reacting in a statement on Monday, Fayose said it was sad and shameful that Falana could be “cited in such an odious, obscene, and offensive conduct.”

He said it was not surprising that Falana had taken it upon himself to always defend the EFCC, even when the anti-graft agency acted lawlessly, since the lawyer was allegedly benefitting from the EFCC.

Fayose said, “Linking Falana to illegally-acquired properties seized by the EFCC is bad enough but the facts provided by Malami make the case against Falana even worse. This must be the real reason why Falana always fall head over heels in defence of the EFCC and Magu, not minding the vicious violations of the constitutionally-guaranteed rights, freedoms, and liberties of citizens.

“What we have always suspected has now been confirmed publicly and by no less a person as the Attorney General of the Federation and Minister of Justice.

“Falana’s alleged unprincipled and disgusting defence of the EFCC and Magu’s penchant for disrespect of the rule of law and due process is for selfish reasons and personal gain.”

Fayose said the Federal Government must investigate Falana and not allow the matter be swept under the carpet.

But reacting to the call for his probe by Fayose, Falana, in a telephone interview with one of Punch Online, lambasted the governor for failing to pay attention to his earlier explanation on his connection with the property.

He challenged Fayose and the AGF to approach the court to seek a forfeiture order on the N1bn property if they were sure it was proceeds of crime.

Falana said, “I stand by my earlier defence that I never bought the house from the EFCC and I challenge him (Fayose) and the Attorney General to show the evidence. I challenge the garrulous Governor of Ekiti State to prove the monstrous allegation that I bought a house from the EFCC.

He added, “Since Mr. Ayo Fayose has not paid attention to the fact and circumstances of the case, I advise him to study my explanation that the house in question is a subject matter of a pending suit before the Federal High Court and that the house has been forfeited to AMCON in the interim.

“The EFCC is not a party to the case. So, if Mr. Ayo Fayose wants to join the suit, he’s free, he is at liberty to approach the Federal High Court holding at Abuja to prove his allegation. But his is a case of Ajegbodo to nweni kun ’ra. (The one recklessly eating fresh yam will always want to co-opt others into the deal.) .

“As of today, he has already forfeited six houses to the government of Nigeria. So, if he is sure that that this is proceeds of crime, he should apply to have it forfeited. He should contact the Attorney General, Mr. Malami, to apply to have the house forfeited, if they are sure that the house is proceeds of crime.”

Falana said the governor had been looking for a way to attack him “since I pressured the state to charge Mr. Fayose and his armed goons with the cold-blooded murder of Dr. Ayo Daramola and Tunde Omojola.”

-Punch

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Falana To Fayose: You Can’t Seek Re-Election

Human rights lawyer, Mr. Femi Falana (SAN) has told Governor Ayodele Fayose of Ekiti State to forget their idea of seeking re-election next year, describing it as tenure elongation.

Falana said Fayose’s new dream was an anomalous and amounted to tenure elongation. ‎Fayose had Monday said that he would contest the 2018 governorship election ‎so that he could serve his first term which was truncated in 2006.

The governor was impeached in 2006, but the Supreme Court in 2014 nullified the impeachment that ousted him from the office about seven months to the end of his first term.

Speaking on a live broadcast on Ekiti State Television in Ado-Ekiti on Monday evening, Fayose said that since the apex court had said that his impeachment in 2006 was illegal, he would then have to approach the same court to interpret what that ruling meant and also consider seeking a re-election in 2018.

‎But Falana said on Tuesday that Fayose’s bid to seek re-election would amount to tenure elongated which no court could grant, PUNCH reports.

He said, “Tenure extension by a governor under any disguise is anomalous. No court can prolong the tenure of a sitting governor buying the two terms prescribed by the Constitution.

“In the case of Gov Rasheed Ladoja v INEC the appellant wanted an extension of his term of office to allow him to spend extra 11 months while he was fighting his impeachment from outside.

“Although the Supreme Court had set aside his impeachment it was held that the relief was illegal and unconstitutional.

“Similarly, the governors who were re-elected after their initial election was annulled, the Supreme Court made it abundantly clear that tenure extension was unknown to the Constitution. In view of the settled position of the law on the matter, Governor Ayo Fayose cannot be granted by any court in Nigeria.”

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Falana exposes rots in judiciary, says N2b found in judge’s account

Lagos lawyer and human rights activist, Mr Femi Falana, SAN, has thrown his weight behind government efforts to sanitise the judiciary of corruption and misconduct.

Reacting to the arrest of some judges nationwide by the Department of State Service (DSS), Falana said it is a matter of grave concern that the legal profession has allowed the denigration of the hallowed temple of justice because of the misconduct of a few corrupt judges. He called for the quick prosecution of the judges.

For several years, Falana disclosed that judges who committed grave criminal offences were not prosecuted but merely retired by the authorities on the recommendation of the National Judicial Council.

He accused corrupt judges being investigated by the anti-graft bodies of rushing to the court to seek interlocutory injunction to stop their arrest and prosecution.

He revealed how a female high court judge in whose account an anti-graft agency found N2 billion, rushed to the high court to seek interlocutory injunction to stop her arrest and prosecution.

”It is on record that when both the Independent Corrupt Practices and other Offences Commission and the Economic and Financial Crimes Commission sent invitation letters to judges suspected of corruption, they had rushed to the Federal High Court to obtain interlocutory injunctions to prevent their arrest, investigation and prosecution.

”About two years ago, an anti graft agency found N2 billion in the account of a high court judge. As soon as the judge was invited for questioning, she reported and made a statement and was granted bail. But as she could not defend the lodgment in her bank account she obtained an interlocutory injunction from one of the judges in the custody of the SSS,” the human rights activist stated.

To further justify the rots in the judiciary, Falana said it is common knowledge that two Senior Advocates of Nigeria are standing trial in the Lagos high court for allegedly bribing a judge. ”Even though it takes two to tango, the judge has not been charged to court for allegedly receiving bribe,” he said.

He blamed the Nigeria Bar Association (NBA) for failing in its statutory responsibility of exposing corruption in the legal profession.

According to Falana, ”the Nigerian Bar Association which has information on all corrupt judges and lawyers in the country has continued to shield them to the embarrassment of incorruptible members of the bar and the bench. The few lawyers who have plucked up the courage to expose corrupt judges and lawyers have been stigmatised and treated like lepers by their colleagues.

”Having failed to take advantage of the relevant statutory disciplinary bodies to purge the bar and the bench of corrupt elements the members of the legal profession have themselves to blame for the harassment of judges by security forces. It is on account of negligence on the part of the legal profession that the SSS which screens candidates before they are recommended by the National Judicial Council for appointment as judges has now engaged in the arrest of judges for alleged corruption and abuse of office. To avoid any further embarrassment in the circumstances, the bar and the bench should immediately strengthen their disciplinary bodies with a view to removing the few corrupt judges and lawyers whose criminal activities have continued to erode public confidence in the judiciary.”

Falana called for the immediate prosecution of the arrested judges, adding that they should be granted bail in self recognition.

”As the detained judges are presumed innocent until the contrary is proved by the State, they should be admitted to bail in self recognizance. At the same time, the office of the Attorney-General of the Federation should ensure that the suspects are arraigned in court without any further delay.

”Finally, it is painful to note that, before now, the demand of the human rights community to the effect that the fundamental rights of lowly placed criminal suspects be respected by the Police and other security agencies has been treated with disdain. But having regard to the fact that judges and other influential citizens have since become victims of institutionalized abuse of official harassment, it is high time that all stakeholders demanded that every criminal suspect be treated with dignity in line with the provision of the Constitution and the Administration of Criminal Justice Act 2015.

-PM

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Sexual Offences Bill: Falana backs Soyinka, says bill was illegally adjusted

Femi Falana, Nigerian lawyer and human rights activist has backed Prof. Wole Soyinka’s position on the Sexual Offences Bill, noting that, the Senate Committee on Judiciary and Legal Matters illegally tampered with the bill.

Read Femi Falana’s full statement below:

Dear Professor Soyinka,

We thank you for drawing the nation’s attention to the odious provision of the Sexual Offences Bill, 2015 passed by the Senate which has criminalized the defilement of children under 11 years. Since it was among the 46 Bills hurriedly passed by the Senate of the 7th National Assembly during its valedictory session the members did not pay any attention to its provisions. We have confirmed that the Bill has not been forwarded to President Muhammadu Buhari for his assent as it has not been passed by the House of Representatives.

However, it would be recalled that Senator Chris Anyanwu who sponsored the Sexual Offences Bill had justified the urgent need to pass it to save our girls and women from sexual exploitation and molestation. When the Bill was unanimously passed for a second reading by the Senate on November 21, 2013, it sought to prescribe a penalty of life imprisonment for the offence of defilement of children less than 18 years of age.
It also provided for compulsory documentation, supervision of sexual offenders and medical treatment for rape victims while it strengthened the weak protection offered victims and witnesses in trials for sexual offences.

The minimum age of 18 years in the original Bill was in line with the provisions of the Child’s Rights Act, 2003 and the Child’s Rights Convention of the United Nations which has been ratified by Nigeria. The Bill was referred to the Senate Committee on Judiciary and Legal Matters for further legislative work. It was that Committee that illegally removed the age of 18 years and replaced it with 11 years. The inserted clause is inconsistent with section 29(4)(a) of the Nigerian Constitution which provides that “full age” means the age of 18 years and above.

Having passed the Bill the Senate cannot plead non est factum in the circumstance. It has to bear full responsibility for the legislative negligence. But since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the Senate ought to reverse itself and amend the relevant provisions of the Sexual Offences Bill, 2015. Our Law firm has made a request to that effect.

Finally, if the Bill is eventually passed into law with its obnoxious provisions we shall not hesitate to pray the Federal High Court to strike it down in view of Article 18(3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004 which has imposed a duty on the Government of Nigeria to “ensure the elimination of every discrimination against women and ensure the protection of the rights of the woman and the child, as stipulated in international declarations and conventions”.

Yours Fraternally,
Femi and Funmi Falana.

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Sexual Offences Bill: Falana backs Soyinka, says bill was illegally adjusted

Femi Falana, Nigerian lawyer and human rights activist has backed Prof. Wole Soyinka’s position on the Sexual Offences Bill, noting that, the Senate Committee on Judiciary and Legal Matters illegally tampered with the bill.

Read Femi Falana’s full statement below:

Dear Professor Soyinka,

We thank you for drawing the nation’s attention to the odious provision of the Sexual Offences Bill, 2015 passed by the Senate which has criminalized the defilement of children under 11 years. Since it was among the 46 Bills hurriedly passed by the Senate of the 7th National Assembly during its valedictory session the members did not pay any attention to its provisions. We have confirmed that the Bill has not been forwarded to President Muhammadu Buhari for his assent as it has not been passed by the House of Representatives.

However, it would be recalled that Senator Chris Anyanwu who sponsored the Sexual Offences Bill had justified the urgent need to pass it to save our girls and women from sexual exploitation and molestation. When the Bill was unanimously passed for a second reading by the Senate on November 21, 2013, it sought to prescribe a penalty of life imprisonment for the offence of defilement of children less than 18 years of age.
It also provided for compulsory documentation, supervision of sexual offenders and medical treatment for rape victims while it strengthened the weak protection offered victims and witnesses in trials for sexual offences.

The minimum age of 18 years in the original Bill was in line with the provisions of the Child’s Rights Act, 2003 and the Child’s Rights Convention of the United Nations which has been ratified by Nigeria. The Bill was referred to the Senate Committee on Judiciary and Legal Matters for further legislative work. It was that Committee that illegally removed the age of 18 years and replaced it with 11 years. The inserted clause is inconsistent with section 29(4)(a) of the Nigerian Constitution which provides that “full age” means the age of 18 years and above.

Having passed the Bill the Senate cannot plead non est factum in the circumstance. It has to bear full responsibility for the legislative negligence. But since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the Senate ought to reverse itself and amend the relevant provisions of the Sexual Offences Bill, 2015. Our Law firm has made a request to that effect.

Finally, if the Bill is eventually passed into law with its obnoxious provisions we shall not hesitate to pray the Federal High Court to strike it down in view of Article 18(3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004 which has imposed a duty on the Government of Nigeria to “ensure the elimination of every discrimination against women and ensure the protection of the rights of the woman and the child, as stipulated in international declarations and conventions”.

Yours Fraternally,
Femi and Funmi Falana.

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