Articles by "Judiciary"
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Biafra News Team Sunday, 12 March 2017 0

(Intersociety, Onitsha Nigeria: 9th March 2017)-The gross rights abuses in the past 21 months of the ailing Buhari’s Government of Nigeria can never be investigated by the same perpetrators of the heinous crimes (i.e. Nigerian Army and its COAS: Tukur Yusuf Buratai, etc). Any so called special investigation panel set up by the Nigerian Army is manifestly a kangaroo and totally rejected. As a matter of fact, the Nigerian Army should be barred from meddling into investigations associated with same; except its right to be heard. There shall be proper criminal investigation and punitive measures against Buratai and Company; followed by an unbiased and balanced Special Judicial Commission of Enquiry set up by the Government of Nigeria, for the purpose of victims’ remedies or compensatory justice and serious administrative reprimands-Emeka Umeagbalasi-Criminologist & Graduate of Security Studies; and Board Chairman of Intersociety.
The forgoing represents the key stand of the leadership of International Society for Civil Liberties & the Rule of Law. That is to say that the Nigerian Army’s latest special panel to investigate itself concerning its basket-load of gross rights abuses in the country is not only a kangaroo, but also panicky, escapist and totally unacceptable. It is also a grave affront to the two famous rule of law principles of nemo judex in causa sua (no one should not be a judge in his/her own case or cause) and audi alteram partem(let the other side be heard or no one should be condemned unheard).

It is on indisputable record that the Nigerian Army including its Chief of Staff, Lt Gen Tukur Buratai; is responsible for over 70% of the gross rights abuses including custodial deaths, terminal wounding, grave torture, enforced disappearance, illegal detentions, mass shooting and killing of unarmed and defenseless ethnic and religious activists and mass killing of civilians or non combatants in conflict zones. Others grossly anti human rights and anti constitutional conducts of the Nigerian Army are violent conducts by way of physical threats and psychological intimidations; ethnic cleansing, ethno-religious bias, undermining of constitutional liberties, promotion and escalation of policy of militarization and encouragement of citizens’ militancy and radicalization as well as fueling the rapid and uncontrollable inflow of illicit Small Arms & Light Weapons (SALWs) in wrong or recalcitrant hands particularly in the Northeast and Niger Delta regions.

Apart from the foregoing, our forensic look at the so called “Eight-Man Military Panel of Investigation”, its composition and highly restricted terms of reference; clearly shows that the kangaroo panel is not only an exonerative panel, but also evidence cleanser and a fire brigade approach. When a similar panel was set up in March 2016 by Nigerian Army and its COAS through its Provost Marshall; it was mired in obvious conflict of interest and lack of moral compass. As expected, its investigation was dead on arrival. To make the matter worse, 13 slain bodies of IPOB members strongly suspected to have been killed and dumped inside an Aba burrow pit by the 144 Battalion of the Nigerian Army in the area; were suspiciously set ablaze by the culprit State agents, for the purpose of erasing traces and evidence destruction.

Also, a critical look at the composition of the so called “Army Investigative Panel” has further exposed the dubious and devious intents of the authorities of the Nigerian Army headed by Lt Gen Tukur Yusuf Buratai. The composition under reference is a total replica of the present gross lopsidedness in the Nigerian Army; which is patently Jihadist or Islamism friendly.
Shockingly too, the same Nigerian Army that says it wants to investigate the conduct atrocities of its personnel including the mass killing of Pro Biafra Campaigners of Southeast and South-south extractions has no single serving or retired army officers from the two areas; particularly from the Southeast as members of its so called “Special Military Panel”.

For the avoidance of doubt, the names of members of the kangaroo panel are: Major Gen Ahmed Tijani Jibrin, rtd (chairman), Brigadier General Dadan Garba, rtd; Brigadier General Abdulqadir Guide, rtd; Brigadier General O. Olayinka; Col. L. B. Mohamme; Col. UM Wambai ;Mr Olawole Fapohunda and Lt. Col. CM Akaliro, who is the panel’s secretary. The composition is not only ethnically sectional, but utterly Muslim and military dominated. It also has cabalistic outlook. It has no iota of regards for the individual and group victims as well as the generality of Nigerians.

Another glaring dubious intent associated with the so called “Army Special Panel” is its restricted terms of reference; such as “not revisiting areas covered by State Governments and the National Human Rights Commission”. That is to say that the kangaroo panel will not look into the mass killing of over 1000 unarmed and defenseless members of the Islamic Movement of Nigeria. Strong attempts have been made by the Federal Government of Nigeria through the Kaduna State Government and leprous National Human Rights Commission to exonerate the Nigerian Army and its lead-perpetrators including COAS Lt Gen Tukur Buratai from the Zaria butchery. The link to the Army statement, announcing the setting up of the kangaroo Special Military Panel is here: http://www.vanguardngr.com/2017/03/army-sets-panel-investigate-alleged-ex-judicial-killings-rights-violations-personnel/


As if these were not enough, the COAS, Lt Gen Tukur Buratai and his Nigerian Army have the audacity to criminalize and stigmatize the 240 unarmed and defenseless civilians including 29 children aged between new born and five years that died in its Giwa Military Barracks custody in 2016; by referring to them as “arrested Boko Haram terrorists”; yet they want to “investigate allegations of extra judicial killings, etc, involving Nigerian Military”.

 We, therefore, make bold to say that the so called “Special Military Panel” totally lacks constitutional contents, moral compass, acceptability and credibility to look into the widespread rights abuses perpetrated against the Federation of Nigeria, the Constitution and innocent and defenseless citizens of the country. Addressing the abuses is far beyond the scope, capacity and capability of the lopsidedly composed Nigerian Army of present time.


Consequently, we strongly recommend as follows:
a.     If the present Federal Government of Nigeria is repentantly and remorsefully concerned over its current atrocious human rights records; by way of redressing them and avoidance of international criminal justice wrath (i.e. vide principles of complementarity and no impunity); then there shall a matching order to the Attorney General of the Federation and the Office of the Inspector General of Police by the Federal Executive Council (FEC) to constitute a high powered Special Criminal Investigation Team into gross rights abuses committed by State agents as contained in the Amnesty International Report and reports of other notable rights groups and victim groups and individuals.

b.    The composition of such Special Criminal Investigation Team shall be expertly headed by Office of Police DIG in-charge of Criminal Investigations and; composed of  representatives of Directorate of Military Intelligence, Military Police, State Security Service, National Intelligence Agency and their legal departments as well as office of the Attorney General of the Federation. The investigative personnel so chosen who must be serving members of the Nigerian Armed Forces and the Police; must be drawn from all the six geopolitical zones of Nigeria.

c.     The draft composition of the Special Criminal Investigation shall be prepared by the Attorney General of the Federation and taken to the Federal Executive Council for amendment, modifications and ratification.

d.    After ratification, the FEC shall make same public and its scope of criminal investigation shall mandatorily include: killings perpetrated by Army and other security personnel in time and areas of peace or areas not under insurgency; otherwise called crimes against humanity; mass killing of unarmed and defenseless members of an ethnic or religious group particularly in non war situations; otherwise called genocide; and killing or death in military or security custody of civilians or non combatants in areas of conflict (such as Giwa Military Barracks custodial deaths that killed 240 civilians including 29 children aged between new born and five years; and the Rann IDP bombing that killed not less than 236 civilians), otherwise called war crimes.

e.     The Special Criminal Investigation Team must also embark on visitations to crime victims and group-victims as well as crime scenes. Administrative invitations with associated threats and intimidations to individual and group victims and their advocates as well as all forms of arm-chair syndromes shall be discouraged and prohibited by the Special Criminal Investigation Team.

f.     At the conclusion of the Special Criminal Investigations, reports shall be issued and approved by FEC; after which those indicted shall be diligently prosecuted by the AGF, in accordance with Section 174 (1) of the Nigeria’s 1999 Constitution; while those indicted for war crimes (i.e. death of 240 civilians including 29 children aged between new born and five years; as well as the Rann IDP killing of 236 civilians) and genocide (i.e. killing of Pro Biafra Campaigners and Shiite Muslims) shall either be tried locally or handed over to ICC for  further international investigation and prosecution).

g.    There shall be set up separately by the present Federal Government of Nigeria a Special Judicial Commission of Enquiry to ascertain as follows: (i) the roles of top security personnel such as immediate past IGP and his successor as well as the current Chief of Army Staff, the National Security Adviser, the Chief of Defense Staff, the Chief of Air Staff and the Minister of Interior in the referenced killings perpetrated by security personnel; (ii) those responsible for the massacre of Christians by the Nomad Fulani Jihadists (this is because till date the Federal Government of Nigeria has not declared the violent activities of same as armed rebellion or insurgency);  and (iii) the identities of slain victims of Shiite Muslims, Pro Biafra Campaigners and Christian activists killed by Government security operatives and the Nomad Fulani Jihadists.

h.     The Special Judicial Commission of Enquiry shall be constituted by the Office of the AGF and approved by FEC. It shall have representatives drawn from (1) Amnesty International, (2) Nigerian Rights Groups including those based in the Southeast Zone; (3) the Federal Government of Nigeria bearing in mind its federal character; (4) Nigerian Armed Forces and Police; (5) Nigerian Bar Association; (6) the Catholic Secretariat of Nigeria and its Kafanchan Archdiocese; (7) the ECWA Church; (8) the Christian Association of Nigeria including the PFN; (9) relevant Muslim groups; (10) the Islamic Movement of Nigeria; (11) the Indigenous People of Biafra; (12) Nigerian Union of Journalists, (13)  etc.


i.      The Special Judicial Commission of Enquiry shall come out with three major recommendations: (1) punitive and administrative reprimands, such as dismissal or sack of those public office holders found culpable-vicariously and individually; as well as their criminal prosecution; (2) proscription of violent groups found culpable and criminal prosecution of its principal officers and foot perpetrators; and (3) adequate compensation of the individual and group victims of State killings as well as those killed by the Nomad Fulani Jihadists.

j.      Adequate and well publicized State apologies and constitution of the National Sorry Day for those killed outside the law in Nigeria.

Signed:
For: International Society for Civil Liberties & the Rule of Law (Intersociety)
·         Emeka Umeagbalasi, Board Chairman
 Mobile Line: +2348174090052

·          Obianuju Joy Igboeli, Esq., LLB, BL
Head, Civil Liberties & Rule of Law Program
Mobile Line: + 2348180771506

·         Ndidiamaka C. Bernard, Esq., LLB, BL
Head, Int’l Justice & Human Rights Program
Mobile Line: +2348067557308


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Wednesday, 19 October 2016 0


The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, yesterday told the Federal Government to stop what he called the harassment of judicial officers handling his case.

The IPOB leader, who has already initiated a contempt proceeding against the Federal Government following its refusal to obey the orders made by Justice Adetokunbo Ademola directing his unconditional release, pointed out that the recent invasion of the judge’s residence by operatives of the Department of State Services (DSS), was partly because he granted him (Kanu) bail.

Speaking through his defence lawyer, Barrister Ifeanyi, in a statement issued in Abuja and obtained by New Telegraph, Kanu said the letter written by Justice Ademola to the National Judicial Council (NJC) in which he narrated his ordeals in the hands of DSS operatives was a pointer to the excesses of the executive lawlessness and interference in the judicial process.

He added that the action had shown desperate move by the Federal Government to intimidate the judicial officer that his case would be assigned to and refrain him or her from granting him bail in line with the direction expressed by President Muhammadu Buhari during his presidential media chat on December 30, 2015 that no court in Nigeria will grant Nnamdi Kanu bail.

“We roundly condemn the government’s interference with the judicial process in Nnamdi Kanu’s cases and the executive extra-judicial pronouncements.

The executive should henceforth refrain from the harassment of judicial officers handling the matters and promptly take all reasonable steps to comply with the order of the court that directed Nnamdi Kanu’s unconditional release. “This is a country that practices constitutional democracy, where the rule of law reigns supreme.

On the contrary, what we are seeing in practice is flagrant disobedience to court orders and violation of same constitution they had sworn to uphold,” he said.

Source: https://newtelegraphonline.com/kanu-fg-stop-harassing-judicial-officers/
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Monday, 17 October 2016 0



Justice Adeniyi Ademola, one of the senior Judges arrested by officers of the Department of State Security Services (DSS) last weekend has drawn a battle line with the Attorney General of the Federation, Abubakar Malami and the DSS over his “unlawful” arrest and the justapo attack on his residence by officers of the Service. TheBrief exclusively reports.

The arrest of several Judges nationwide has sparked wild controversies in the country. The judges have been accused of involving in monumental frauds and that large sums of money, denominated in naira and other foreign currencies were found in their homes during the raid.

Supreme Court judges, Inyang Okoro and Sylvester Ngwuta were arrested in Abuja. Federal High Court judges, Adeniyi Ademola and Mohammed Tsamiya were also arrested in Abuja.

Others arrested included, Kabir Auta, Kano; Muazu Pindiga, Gombe; and Innocent Umezulike in Enugu.

The judges were released after initial plans to arraigned them stalled for reasons not disclosed by the DSS.

Reacting to this development, one of the affected Judges, Justice Adeniyi Ademola of Federal High Court Abuja narrated his ‘ordeals’ in the hands of DSS Operatives.

Justice Ademola explained that when his residence at No, 30 Ogbemudia Crescent, Apo Legislative Quarters, Abuja was raided on 07/10/2016, about 45 Masked Officers of the DSS came for the sting operation.

“I saw at about 45 Masked Officers of the Department of Security Services ( DSS), all heavily armed pointing their guns at me. They flashed a document purported to be a Search Warrant and Ordered me to sign on a document claiming that that they had already conducted a search down stairs. They also added that I was totally under their control today as I have always made order against them (the DSS).

Justice Ademola explained further that after the search, which lasted for about (6) six hours, he was handed a document “purported to be an Inventory of the Items found upon their search and they threatened me to sign it as being true. He added saying “they threatened me if I did not sign it they would not leave me alone and whatever they did to me at that point would be recorded that I will not be alive to tell the story of what transpired between me and them that night.


“For fear and interest of my life, and unknown persons with mask on their faces, I collected the written items and signed the document.

The Justice said he was whisked away at about 6 am to the office of the DSS “without any Warrant of Arrest or reason for my arrest.

He said from the time of his arrival at the DSS office, he was informed 24 hours later that from the search conducted at his residence and their discreet investigations, he was arrested based on the ” Petition of Hon. Jenkins Davie dated 4th of April, 2016 to National Judicial Council, Granting Bail to Col. Sambo Dasuki and the unconstitutional release of Nnamdi Kanu, and using my Office to secure my Wife’s Appointment as the Head of Civil Service Lagos State through Senator Bola Tinubu.

“After stating the grounds for the invasion as stated above they requested for explanation of the money found in my apartment, as well as two Licensed Firearms also found in my apartment….but they we unable to tell me the exact amount recovered.

“I also explained that the appointment of my Wife as Head of Civil Service was based on merit and Seniority. Justice Ademola narrated.

In a letter addressed to the Chief Justice of Nigeria, Justice Mahmoud Mohammed and exclusively obtained by TheBrief, Justice Ademola said contrary to media reports, he had at no time confessed to any crime when he was interrogated by the officers of the DSS.

He also alleged the Attorney General of the Federation, Abubakar Malami as the brain behind his travails.

“What is more intriguing in this whole episode, is that I see it as a vendetta/revenge from the Hon. Attorney General of the Federation, Abubakar Malami (SAN) whilst I was in Kano between 2004-2008. As a Federal High Court Judge, he was involved in a Professional Misconduct necessitating his arrest and detention by my Order. However, with the intervention of Nigerian Bar Association (NBA), Kano branch, the allegation of misconduct was later withdrawn by me.
“Consequently, the National Judicial Council ( NJC) referred Abubakar Malami (SAN) to the NBA Disciplinary Committee for disciplinary action. It was as a result of this he was denied the Rank of SAN by the Legal Practitioners Privileges Committee for period of four years until when he produced a fake letter of apology, purportedly addressed to me. It was then he was conferred with the Rank. Since the above incident, Abubakar Malami (SAN) has threatened to revenge and swore to do anything to bring me down”. Justice Ademola narrated in the letter.
The Federal High Court Judge appealed to the CJN to grant him leave so as to enable him pursue justice on the infringement of his fundamental human right “breached by the DSS”.

‎”My Lord, with this infringement of my fundamental right, I seek for the leave to commence an action against the Department of Security Service to enforce my right that was breached.”

Source: http://spynigeria.com/2016/10/15/exclusive-justice-ademola-implicates-agf-opens-ipob-dasuki-tinubu/
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Sunday, 16 October 2016 0
Judges in Nigeria


Nigerian judges are planning an unprecedented mass resignation to protest the alleged assault against the independence of the judiciary by the administration of President Muhammadu Buhari.

The mass discontent running through the system over the arrest of seven of their colleagues by the Department of State Services penultimate Friday, is now reaching a climax with an ongoing mass mobilisation nationwide to resign enmass.

In the plan being hatched, the Federal High Court could end up being the most affected if the protagonists went ahead with their plot.


 Incidentally, suspended talks at the National Judicial Institute (NJI) on whether the Federal High Court should be phased out or retained, had not been concluded. our reporter was told by multiple senior sources that judicial officers who had been materially successful in legal practice before opting for the Bench as a form of service, aren’t finding it funny that even properties acquired before joining the Bench are now being tagged proceeds of alleged corruption by both the Economic and Financial Crimes Commission (EFCC) and the DSS, probing alleged malfeasances in the justice system.
A particular DSS-interest was reportedly infuriated that after acquiring a Doctorate degree in Law at a prestigious university in the United Kingdom (names withheld) and making a fortune practising law abroad with multi-million naira worth of properties to show for it, he is now being smeared with corruption allegations all because he wanted to serve his country as a judge.

A total of 31 top judges of superior courts of record are being investigated by both agencies (DSS and EFCC), including two justices of the Supreme Court.

Three of the said judicial officers have recently been exited from service by the National Judicial Council (NJC).

While the DSS is handling cases of 23 judges, EFCC said it was probing eight judges and two court registrars.

Apart from the initial seven, busted in the midnight raid by the DSS, the service had disclosed that eight other judges were to be picked before a reported presidential directive halted all operations as public disavowal hit the exercise.

Another set of two judges were reportedly arrested days after the midnight raid, while the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, was said to have sent another six petitions against six judges to the DSS.

While reacting to a report of loss of confidence in EFCC, commission said eight judges are under its own belt, with one of them, also in DSS’s net.

The eight initially planned for the second round of arrest, are all said to be justices of the Supreme Court.

A top source confirmed that the apex court was aware of the project, allegedly targetted at giving the court a new beginning with new entrants who are not necessarily from the Court of Appeal as it is the tradition.

A cabinet minister during a private media briefing refused to confirm or deny the identities of the targetted judges.

The minister also refused to confirm if Justice Walter Onnoghen, the CJN-designate, is among those to be arrested. It was also revealed at the interface that the current administration had resolved to bust anyone with huge cash at home and such would be considered proceeds of crime if the owner could not convincingly explain how he or she came about the cash.

According to him “if your cash is clean, you will put it in the bank.”

Before embarking on the raids, they had written a series of memos to the NJC. On 26th February, 2016, the DSS sent a memo with Reference No DGSS.71/3161 to Justice Mahmud, accusing Justice Muazu Pindiga of Gombe judicial division of alleged corruption on his involvement in the Rivers State election petition tribunal as the former chairman before he was removed.

In another memo from the DSS dated 5th August, 2016 with Reference No LSD.158/2/31, the Service accused Justice Nnamdi Dimgba of the Federal High Court who had earlier ruled against the DSS in its case against Umar Mohammed, of alleged corruption, recommending to the NJC “to urgently investigate the compromise and gross misconduct by the judicial officer as his conduct falls short of the expectations of the profession and defeats the culture of probity, transparency and equity which this current administration stands to entrench”. The memo was signed by Ahamed Ahmad for Daura.

Meanwhile, Onnoghen who was last week recommended to President Muhammadu Buhari as the next CJN, is reportedly primed to go through his security screening this week at the DSS headquarters in Abuja.

He is the sole nominee to the president.

The security screening is expected to establish his suitability for the job, before his name will be forwarded to the Senate for confirmation.

He is the first CJN-hopeful from the South in 29 years.

Source: http://thenigerialawyer.com/dss-raid-judges-plan-mass-resignation/
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Biafra News Team Tuesday, 11 October 2016 0

From Okey Sampson, Aba and Jeff Amechi Agbodo, Onitsha

The Indigenous People of Biafra (IPOB) has allegedly linked Justice Ademola’s arrest with the unconditional bail he had earlier granted Nnamdi Kanu which the Federal Government rejected.
A statement from IPOB Media and Publicity Secretary, Emma Powerful, the group noted that Kanu has spent one year in detention illegally while the court of competent jurisdiction granted him unconditional release on 16th and 17th December 2015 by magistrate and federal high court Abuja but since then federal government, APC and the DSS were still holding him and others in prison custody.

He urged Biafrans to be resolute and determine towards the restoration of the God’s own project which is Biafra republic, saying that the project was ordained by God Almighty.
Powerful stated that Biafra will be a country where people of Africa will benefit, ‘the Africa will be technologically, economically, politically and spiritually free through the new republic’.
“However, we are aware of the systematic way of delaying the members of IPOB who were detained illegally in all the prisons and security cells across the country”.

In a related development, Kanu as sued the Attorney-General of the Federation (AGF) and the Department of State Services (DSS) for contempt of court over failure of the federal government to release him from detention.
On December 17, 2015, Justice Adeniyi Ademola, a judge of the Federal High Court ordered Kanu’s unconditional release of Kanu.

In a statement at the weekend, Ifeanyi Ejiojor, counsel to Kanu, linked the continued detention of the IPOB leader to President Muhammadu Buhari’s comment at the presidential media chat on December 30, 2015, where he said no court would grant him bail.
“The order made on December 17, 2016 by Justice A.F.A. Ademola, directing the unconditional release of Nnamdi Kanu was served on the Department of State Services (DSS) that same day the order was made,” he said.

“Still, the DSS failed, refused and/or neglected to obey the order directing the unconditional release of Kanu, apparently due to reasons best known to them, which has no justification under any law.
IPOB said none of the affected institutions of the government affected by the order or the Federal Government has lodged an appeal against the order directing the unconditional release of Kanu.
Ademola was one of the judges arrested by the DSS on Saturday on the allegation of corruption.
“Nevertheless, it comes as a surprise on Friday 7th October 2016 at exactly 11:45am we received information that the Biafra land national coordinator of the indigenous people of Biafra Mr.Chidiebere Onwudiwe who have been arrested by DSS was called up in the federal high court Abuja court 7 of Justice Ademola without the prosecutors been in court to defend the matter against Chidiebere Onwudiwe” he stated.

“The DSS being the prosecutor of the matter were nowhere to be found in the court on Friday 7th October, they are running because Chidiebere Onwudiwe committed no crime against humanity or the federal government of Nigeria” Powerful stated.
“Comrade Chidiebere Onwudiwe was arrested in the odd hour of midnight in Igweocha (PH) Rivers state where he was sleeping on Friday 22nd June 2016 still detained in DSS cell incommunicado and have not been taking to any court since 128 days”.

“The lawyer incharge of the matter Bar,  Ifeanyi Ejiofor who filled motion for his bail in the federal high court 7 Abuja. The chief judge Ademola who adjourned the matter to be on Tuesday 11th October for hearing because the DSS did not produce mazi Chidiebere Onwudiwe the national coordinator of the indigenous people of Biafra IPOB Biafraland in court” said powerful.
Meanwhile, a political pressure group, Concerned Abians for Good Governance and Justice (CAGGJ) has commended the Department of State Services (DSS) over last weekend’s arrest of some senior Judges across the country and their subsequent arraignment yesterday for alleged corrupt practices.
This is even as the group flayed what it described as the ignoble role played by Gov Nyesom Wike of Rivers State in the failed attempt to arrest a Federal High Court Judge in Port Harcourt by operatives of the DSS.

In a statement by its chairman, Egwu D. Uwa, CAGGJ said Nigerians have for years be yearning for a day like this, when men no matter how highly placed would be made to account for what they have done with what were entrusted in their care.

Uwa said as far as his group was concerned, what the DSS operatives did was  what Nigerians had been yearning for over the years, stressing that it was only those who benefitted from what have been happening in the judiciary over the years that would condemn the action.
CAGGJ regretted that most of the politics-related judgments delivered after the 2015 general elections were cash induced, saying no nation would grow politically if this anomaly was not checked.
“It was glaringly clear that most of the politics-related judgments delivered since after the2015 general elections were cash and carry judgments and no good government that what its salt will sit idly and watch things like this go on and that is why we are commending the DSS for this bold step”.
Uwa said it was unfortunate that those who are condemning the modus-operandi the DSS operatives adopted in arresting the Judges, have closed their eyes to the huge cash recovered for the houses of the arrested judges.

Wondering where the Judges got such huge amount of money in both local and foreign currencies, Uwa opined that if the operatives of the DSS had not adopted such method, the deliveries could not have been made.
CAGGJ condemned Gov Wike’s action in allegedly using some party loyalists to stop the arrest of a Federal High Court in Port Harcourt, saying the action was capable of sending wrong signals to the public.

CAGGJ said if Wike had no special interest in the Judge, he wouldn’t have left the Government House at about 1.30am to ensure that the said Judge was not arrested.

“We don’t think if Gov Wike had no interest in the particular Judge, he would have left Government House by the time he did to ensure that the Judge was not arrested. Again his efforts in trying to defend the Judge over the amount alleged to be in his house, left much to be desired”, Uwa said.

Source: http://sunnewsonline.com/justice-ademola-arrested-for-granting-kanu-bail-ipob/
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Biafra News Team Friday, 7 October 2016 0

BUHARI SENDS ARMY AND DSS TO DESTROY THE HOME OF JUSTICE ADEMOLA OF THE FEDERAL HIGH COURT THAT ORDERED UNCONDITIONAL RELEASE OF IPOB LEADER NNAMDI KANU
Buhari is an animal in human skin. Also Justice Dimgba that ruled against DSS is also under attack. Buhari is carrying a coup against the few fearless men in the judiciary.

It has been gathered tonight that the reason for the raid is because the leader of IPOB Nnamdi Kanu through his lawyers Ejiofor and Co. has filed contempt of court proceedings against Buhari at Justice ADEMOLA's court. Buhari does not want the case to be heard so he has taken to harassment of judges.


Buhari does not want to obey the law. Buhari is a lawless animal


UN,  BRITAIN, OBAMA, have you seen the wild animal called Buhari you agents of darkness fostered on Nigeria

BREAKING: Nigerian Secret Police Now Invading Homes Of Federal Judges In Abuja 


A contingent of officers from the Department of State Security (DSS) this evening surrounded the home of two Nigerian federal judges, Nnamdi Dimgba and Adebiyi Ademola.
The federal judges currently reside at 32 and 34 Samuel Ogbemudia Cresent in the Apo Legislative Quarters of Abuja.

The invading officers arrived and surrounded Justice Dimgba’s home around 9PM Nigerian time, according to sources speaking to SaharaReporters. Shortly after the siege, neighbors of the judge told SaharaReporters that the DSS agents began breaking into his compound with a sledgehammer.
Mr. Dimgba was reportedly not at home at the time of the invasion. However, a source said DSS had been uncomfortable with recent rulings by the judge and because of his vocal criticism of DSS for violating rights of persons detained at its facility.

Another source revealed that they believed Mr. Dimgba was being targeted unfairly by DSS as a form of punishment. On July 22nd, 2016 he berated DSS for not presenting Air Commodore Umar Mohammed to his court for a scheduled hearing.
Earlier today, DSS agents arrested Justice Muazu Pindiga, former Chairman of the Rivers State Governorship petition tribunal, for allegations of bribery and corruption.

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Anonymous Friday, 1 April 2016 0
DSS Arrested Me Without a Warrant, Just to Impeach Fayose – Hon Afolabi Akanni



A member of the Ekiti State House of Assembly, Hon Afolabi Akanni, who was arrested by men of the Department of State Security (DSS) recently, has alleged that he was arrested to implicate Governor Ayodele Fayose.

Akanni, who arrived in Ekiti in the company of Governor Fayose, promised that his incarceration would further reinforce his loyalty to the governor.
Akanni representing Efon constituency was arrested on March 4 by DSS and had since been detained in Abuja until he was released on Tuesday after spending 18 days in the custody.

Another arrested state official and ex-special assistant on revenue to the governor, Mr Ropo Ogunjobi, was also in the state with Fayose.
Fayose, came in company of the two ex-detainees aboard a chopper marked 5N-BRL at about 3.38pm and landed at Christ’s School playing grounding Ado-Ekiti, where they were welcomed by mammoth crowd, comprising members of the House of assembly, led by the Speaker, Hon Kola Oluwawole.

Akanni, while addressing the crowd said his arrest and detention had further fortified his loyalty for Fayose, describing the governor as a reliable leader.
“What manner of democracy are we practising? How can the DSS invade a House of Assembly and arrest a lawmaker with the intention to impeaching a governor? They even came without a warrant of arrest. Is this democracy?




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Anonymous Tuesday, 22 March 2016 0
Justice Tsoho: A Zombie or Actor?




It was a boisterous moment in Nnamdi Kanu’s trial when Nigeria’s high court Justice Adeniyi Ademola on December 17, 2015, ruled that Nnamdi Kanu should be unconditionally released on bail.  http://news.yahoo.com/nigerian-court-frees-detained-biafra-activist-195858315

Hear Justice Ademola: "I set aside the orders of November 10, 2015 and order the release of the applicant (Kanu) on bail unconditionally." Shortly after his judgement, there was wide-spread euphoria across Nigeria and beyond. But that did not last long. Sad news choked the good news. First, there was a brutal clampdown of jubilating supporter in Onitsha by the Nigerian Army. http://www.ibtimes.co.uk/nigeria-army-accused-killing-nnamdi-kanu-supporters-onitsha-during-celebrations-1533984

Second, the Department of State Security unsurprisingly ignored the rulings of Justice Ademola and festered with its “illegal” detention of Kanu. I knew the ruling was too good to be true considering that Nigeria is ranked among the most corrupt nations on earth, and ruled by a hardened autocratic and former military leader

 On December 30, Buhari told views of the state media that Nnamdi Kanu had “committed a very serious offence” and that he hope “the court will listen to the case.” His threat to the judiciary provoked another judge Ahmed Mohammed, to wash his hands off the case in a Pontius Pilate-styled manner. http://pulse.ng/local/nnamdi-kanu-judge-excuses-self-from-radio-biafra-directors-case-id4491716

However, another judge Justice  Tsoho took over the handling of the case. How courageous is Tsoho to despise Buhari’s call by picking up the case?

So who is this Justice Tsoho?

Dr Wale Babalankin, was arraigned by EFCC and had been going on trial for two years. On February 23 2015, Justice Lateef Lawal-Akapo discharged Dr. Babalankin noting that, “there was no basis for the charge.” And consequently he ruled out the suit. http://thenewsnigeria.com.ng/2015/06/judge-steps-down-from-babalakin-efcc-case-2/. According to ThenewsNigeria, “Justice Akapo observed that the entire 27-count charge did not contain any single charge that constituted an offence under the laws of Nigeria” However, the EFCC was not satisfied with the ruling and went on to file a similar charge against Dr Babalankin.  After Dr Babalankin had discovered that the EFCC plans to file another set of charges again, they approached the Federal High Court seeking for protection and a judicial review of the actions. The new judge though, on 19th April, granted a restraining order against EFCC, Dr Babalankin would not celebrate for long. The Judge shortly, overturned his own rulings and granted EFCC permission to further proceed with the case.

On the following Monday the judge withdrew from the suit "following a petition from Babalankin's lawyer to the Chief Judge the federal high court seeking transfer of the case to another judge. The basis of the petition dated June 19, “was that the ex-parte order restraining EFCC from arresting Babalakin was discharged without a formal application. 

Guess who the judge is? Yes it is Justice Tsoho.

On February 19, 2016, Justice Tsoho ruled out any secret trial or masked witness as proposed by DSS on Nnamdi Kanu’s trial. However, just two weeks later, Justice Tsoho contradicted his own judgment by granting the DSS permission to mask the witness. There were allegations against Justice Tsoho that it was only a political posture of the judge and the DSS to pretentiously buy more time. It is only a heavy shame that such attributes can be associated with a public servant, let alone a so-called Judge.

So is Justice Tsoho a zombie following Buhari's orders despite contradictions in law or just an actor playing out the DSS script?


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Biafra News Team Sunday, 13 March 2016 0

The idea of a permanent international criminal court emerged out of the debris of World War I and the defeat of the Germany and its former Emperor. Subsequently arraigned for a supreme offence against international and the sanctity of treaties under the Treaty of Versailles, there was a need for a special tribunal to try him, a need that was captured under the provisions of the Treaty of Versailles.
The treaty also envisaged the establishment of military tribunals of international composition to try persons charged with crimes against the nationals of more than one of the Allied or Associated Powers. However, no such military tribunal, or for that matter, a permanent international criminal tribunal was ever established.  
The events of World War II changed all that as two ad hoc international military tribunals - the International Military Tribunal at Nuremberg and the International Military Tribunal for the Far East at Tokyo - were established to try individuals who committed war crimes, crimes against peace and crimes against humanity.
With the emergence of the United Nations in place of the League of Nations in 1946, the International Law Commission received the mandate to codify the legal principles that emerged during the Nuremberg and Tokyo trials. Beyond that, Progress proved slow and was eventually frozen out by the Cold War years.

The end of the Cold War provided a fresh impetus, towards the end of the 20th century, for the establishment of a permanent international criminal jurisdiction with universal scope. The ad hoc nature of the International Criminal Tribunal for the Former Yugoslavia (ICTY) -as well as that of the International Criminal Tribunal for Rwanda (ICTR coupled with the reality of the impunity with which serious crimes, many with international dimensions were being committed, led to the adoption of the Rome Statute of the International Criminal Court (ICC) in July 1998. The statute, under Article 16, was to enter into force after the deposit of the 60th instrument of ratification or accession: a mark that was reached on July 1st, 2002. Currently, about 114 countries, including Nigeria, have accepted the ICC jurisdiction.
The ICC has power to try persons accused of the most serious international crimes (i.e., genocide, crimes against humanity, war crimes and, if and when agreement on a definition can be reached, the crime of aggression).
Even though the roots of the Rome Statute can be traced back directly to the ICTY and ICTR, (two still existing tribunals) along with a draft statute prepared in 1994 by the International Law Commission. the ICC differentiates itself from the ICTY and ICTR in several legal and structural features.
First, unlike the Yugoslavia and Rwanda tribunals, the ICC is a permanent judicial body, the jurisdiction of which is not limited by any time limits, without prejudice to the principle of non-retroactivity. Secondly, unlike the jurisdiction of the ICTY and ICTR which are concurrent with national courts and at the same time have primacy over national courts – may at any stage of the procedure formally request the national courts to defer competence, the judicial activity of the ICC is intended only to complement that of national courts. It’s jurisdiction could only be activated when national courts are unwilling or unable genuinely to carry out the investigation or prosecution of a person accused of the crimes defined in the Rome Statute.

Another fundamental difference is that while the ICTY and the ICTR are subsidiary organs of the Security Council, and as such embedded in the United Nations, the ICC is designed to be independent to the extent that UN members are not, ipso facto, party to the Rome Statute establishing it. It is the Assembly of the State parties, and not the Security Council, as in the case of the ICTY and ICTR, that supervise the work of the ICC (except in those situations which have been referred to the Court by the Security Council itself).The Assembly is empowered to review the administration of the Court, approve its budget, and receive reports on its operation and procedure and even address instances of failure on the part of the States to cooperate with the Court. Again, while the ICTY and ICTR prosecutor is appointed by the Security Council based on a nomination by the Secretary-General, in the case of the ICC he or she is to be elected by the States parties.

Nonetheless, the ICC maintains significant links with the United Nations. The UN Security Council can refer situations in which one or more crimes appear to have been committed to the ICC Prosecutor acting under Chapter VII of the UN Charter, or by a State party to the Rome Statute. The Rome Statute also provides for UN participation in the funding of the ICC, together with States party, especially in relation to the expenses incurred in cases initiated through referral by the Security Council.

Instructively, the ICC is the only international judicial body with a statutory provision empowering it to receive and utilize funds (on top of those made available by the States party and the UN, when applicable) and voluntary contributions from governments, international organizations, individuals, corporations and any other entities.

The ICC’s Rome Statute is also distinguished from all of its predecessors, and in particular from ICTR and ICTY, by providing, for the first time, access to victims of crimes and their families to express their views and concerns and to claim reparation for wrongs suffered.
For instance, in the ICTR and ICTY, victims can enter the courtroom only as witnesses, providing one of the means through which evidence may be brought before the tribunal. Under the Rome Statute, however, the standing of those who have suffered wrongs has been elevated from acting as mere aids in the judicial process with no personal interest to protect into legitimate participants. Several provisions in the Rome Statute stipulate the involvement of victims during all phases of the case.


Most importantly, victims of international crimes can claim reparation for the violation of their rights. They will do so on their own behalf or through their representatives, not through a state.
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Biafra News Team Saturday, 12 March 2016 0

The Ecowas Community Court of Justice, located in Abuja, Nigeria, was established in 1991 even though it only began judicial operations only in 2001. The court was created in accordance with Articles 6 and 15 of the Revised Treaty of the Revised Treaty of the Economic Community of West African States.
Protocol A/P1/7/91 of 6 July 1991, amended by Protocol A/SP1/01/05 of 19 January 2005, spells out the organisation, functioning and procedure followed before the Court.
It is the principal legal organ of the Economic Community of West African States with all fifteen member States, Benin , Burkina Faso , Cabo Verde , Cote d'Ivoire , The Gambia, Ghana , Guinea , Guinea Bissau, Liberia, Mali , Niger , Nigeria , Senegal , Sierra Leone and Togo – ipso facto parties to the Court’s statutes. The decisions of the Court are also legally binding on any of its member states.
The Court is composed of seven (7) independent judges, selected and appointed by the Authority of Heads of State and Government of ECOWAS, for a four- year term of office, from among nationals of Member States who are persons of high moral character.
Current judges include:




1
Justice Nana Awa Daboya
Togo
Vice President
2
Justice Ramos Benfeito
Cape Verde
Vice President
3
Hon Justice Hansin N. Donli
Nigeria   
Dean
4
Hon. Justice S.D. Sidibe
Niger
Member Judge
5
Hon. Justice C. N. Medegan
Benin 
Member Judge
6
Hon. Justice Anthony A. Benin
Ghana 
Member Judge
7
Hon. Justice Eliam M. Potey
Cote-D’Ivoire 
Member Judge


Hon. Justice Aminata, (MALI), Hon. Justice B. Toe, (BURKINA FASO), Hon. Justice E.M. Tall, (SENEGAL) are the three former Judges that have served on the Bench.
JURISDICTION OF THE COURT
ADVISORY JURISDICTION
The Court gives legal advisory opinion on any matter that requires interpretation of the Community text

CONTENTIOUS JURISDICTION
The Court examines cases of failure by Member States to honour their obligations under the Community law;
  • The Court has competence to adjudicate on any dispute relating to the interpretation and application of acts of the Community;
  • The Court adjudicates in disputes between Institutions of the Community and their officials;
  • The Court has power to handle cases dealing with liability for or against the Community;
  • The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State;
The Court adjudges and makes declarations on the legality of Regulations, Directives, Decisions, and other subsidiary legal instruments adopted by ECOWAS. Particularly noteworthy is that local remedies do not need to have been exhausted, before cases are brought to the ECOWAS Court of Justice. So every victim of a human rights violation can directly appeal to the court even while the case is subject to a national proceeding.
Cases may be brought before the Court by an application addressed to the Court Registry. Every application shall state.
  • the name and address of the applicant.
  • the designation of the party against whom the application is made.
  • the subject matter of the proceedings  and a summary of the pleas in law on which the application is based.
  • the form of order sought by the applicant.
  • where appropriate, the nature of any evidence offered in support.
  • an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service.
  • in addition or instead of specifying an address for service, the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication.
The ECOWAS Court of Justice has already made a number of rulings on human rights issues. In 2008, the Court took a pioneering decision concerning slavery. The State of Niger was convicted having violated the human rights of one of its citizens. While the Court found that Niger was not itself responsible for the discrimination– the plaintiff was subjected to by a non-State actor, namely her former master – the country was found in violation of its international obligations to protect Mrs Hadijatou Mani from slavery under international as well as national law because of its tolerance, passivity, inaction, and abstention with regard to the practice. Niger had to pay reparations in the amount of 10 million CFA francs (more than 20,000 US-Dollar). The judgment has been referred to as historic, because this is one of the first slavery cases ever to be won at the international level.
ACCESS TO THE COURT
Cases are filed before the Court through written applications addressed to the registry. Such applications must indicate the name of the applicant, the party against whom the proceedings are being instituted, a brief statement of the facts of the case, and the orders being sought by the plaintiff.

APPLICABLE LAW
The Court applies the Treaty, the Conventions, Protocols and Regulations adopted by the Community and the general principles of law as set out in Article 38 of the Statute of the International Court of Justice.

In the area of human rights protection, the Court equally applies, inter alia, international instruments relating to human rights and ratified by the State or States party to the case.

DECISIONS OF THE COURT

Decisions of the Court are not subject to appeal, except in cases of application for revision by the Court; decisions of the Court may also come under objection from third parties. Decisions of the Court are binding and each Member State shall indicate the competent national authority responsible for the enforcement of decisions of the Court.
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