Human rights lawyer, Femi Falana SAN has sent an open letter to
President Mohammadu Buhari asking him to “bring back to naturalized
Nigerians, Refugees and Asylum Seekers who
were illegally arrested, detained and deported from to Cameroon on
Friday, January 26, 2018 by the National Security Adviser,
Major-General Babagana Monguno (rtd).”
In the open letter today Falana said “We write
this protest letter on behalf of our clients whose names and status
are set out in the List of Deportees attached to this
letter.” According to Falana, “Our clients are not illegal
immigrants in Nigeria. Three of them are naturalized Nigerian
citizens while others are recognized refugees and political asylum
seekers in Nigeria.”
The letter read in part: “Twelve of our clients
who are the leaders of the people of Southern Cameroon and who have
been living in Nigeria for several years were assembled for a
meeting at Nera Hotel, Abuja on Saturday, January 6, 2018 to
discuss the challenges faced by the over 10,000 Cameroonians who
have sought political asylum in Nigeria due to persecution and
repression under the Paul Biya regime in Cameroon.”
“But before the
commencement of the meeting a team of armed security personnel
invaded the venue, abducted our clients and took them away to an
undisclosed place. The said abduction was reported by the Premium
Times edition of Sunday, January 7, 2018.” “In spite of the detailed
report of the credible online news medium the Police and the
security agencies denied knowledge of the abduction of our
clients. Consequently, all efforts made by the lawyers,
doctors and family members of our clients to visit them in custody
were frustrated without any legal justification. Even Mrs.
Nalowa Bih who is pregnant was denied medical attention by the
National Security Adviser.”
“However, a representative of the Office of the
United Nations Commissioner for Refugees in Nigeria was allowed to
visit our clients at the request of the Ministry of Foreign
Affairs. During the visit, the United Nations representative found
that our clients were held in an underground cell at the
headquarters of the Defence Intelligence Agency on the orders of
the National Security Adviser.” “On account of the refusal
of the National Security Adviser to allow access to our clients by
their lawyers, relatives and doctors we filed an application at the
Abuja Judicial Division of the Federal High Court on Thursday,
January 25, 2018 for the purpose of securing their fundamental
rights to personal liberty and freedom of movement.”
“Notwithstanding the pending suit and the intervention of
the Office of the United Nations Commissioner for Refugees, the
National Security Adviser expelled our clients from Nigeria and
deported them to Cameroon on Friday, January 26, 2018.”
“Although the
National Security Adviser was ashamed to disclose the deportation
of our clients from Nigeria the Government of Cameroon has
celebrated the deportation and threatened to prosecute our clients
for unspecified crimes. Thus, with the connivance of the National
Security Adviser the Government of Cameroon has since held our
clients in an undisclosed military custody in Cameroon.”
“Out of the 52
people who were expelled from Nigeria the Government of Cameroon
has maintained that the National Security Adviser handed over to it
47 deportees. Up till now, the National Security Adviser has not
accounted for the whereabouts of the remaining 5
detainees!”
“The National Security Adviser knew that two of
our clients are naturalized Nigerians, six are refugees while 37
others are political asylum seekers who are entitled to be
protected by the Federal Government of Nigeria. For the avoidance
of doubt, the Office of the United Nations Commissioner for
Refugees in Nigeria drew the attention of the National Security
Adviser to the legal obligations of Nigeria to respect the rights
of our clients.”
“Under the National Security Agencies Act (Cap
N74) Laws of the Federation of Nigeria, 2004 and the Immigration
Act 2015 the National Security Adviser is not competent to arrest,
detain and deport any alien or immigrant from Nigeria to any other
country.” “Since the Government of Nigeria has never violated the
provisions of the United Nations Convention Relating to Refugees
and the OAU Convention on Refugees by deporting refugees and asylum
seekers to any country where they might be persecuted we are
compelled to urge Your Excellency to grant the following requests:
Order the National Security Adviser to produce the missing 5
deportees and bring back to Nigeria our clients who have been
illegally deported to Cameroon without any further delay.”
“If the National Security Adviser is unable to
bring back our clients to Nigeria he should be removed from office
for such brazen impunity which has exposed Nigeria to ridicule
before the comity of law abiding nations. The Federal Government
should prevail on the Government of Cameroon not to persecute our
clients to prevent the United Nations from sanctioning Nigeria for
violating the provisions of the 1951 United Nations Convention
Relating to Refugees.” “You will
therefore agree with us that the arrest, detention and deportation
of our clients from Nigeria to Cameroon by the National Security
Adviser cannot be justified on the following grounds: Based on the
appeal by Nigeria for a peaceful resolution of the political crisis
in Cameroon the people of Southern Cameroon filed a suit at the
Federal High Court to determine whether the people of Southern
Cameroon are not entitled to self-determination within their
clearly defined territory separate from La Republique Du
Cameroun.” “By a consent judgment delivered by the Court on March 5,
2002, the Federal Government was directed to file a suit at the
International Court of Justice to have a judicial confirmation of
the human right of the people of Southern Cameroon to self
determination. Attached herewith and marked annexure A is a
certified true copy of the judgment.” “The Federal Government
also undertook to take other measures as may be necessary to place
the case of the people of Southern Cameroon for self determination
before the United Nations General Assembly and other international
organizations.” “Even though the suit has not been filed at the
International Court of Justice the Federal Government has continued
to recognize the human rights of our clients and other people of
Southern Cameroon to self determination.”
Human rights lawyer, Femi Falana SAN has sent an open letter to
President Mohammadu Buhari asking him to “bring back to naturalized
Nigerians, Refugees and Asylum Seekers who
were illegally arrested, detained and deported from to Cameroon on
Friday, January 26, 2018 by the National Security Adviser,
Major-General Babagana Monguno (rtd).”
In the open letter today Falana said “We write
this protest letter on behalf of our clients whose names and status
are set out in the List of Deportees attached to this
letter.” According to Falana, “Our clients are not illegal
immigrants in Nigeria. Three of them are naturalized Nigerian
citizens while others are recognized refugees and political asylum
seekers in Nigeria.”
The letter read in part: “Twelve of our clients
who are the leaders of the people of Southern Cameroon and who have
been living in Nigeria for several years were assembled for a
meeting at Nera Hotel, Abuja on Saturday, January 6, 2018 to
discuss the challenges faced by the over 10,000 Cameroonians who
have sought political asylum in Nigeria due to persecution and
repression under the Paul Biya regime in Cameroon.”
“But before the
commencement of the meeting a team of armed security personnel
invaded the venue, abducted our clients and took them away to an
undisclosed place. The said abduction was reported by the Premium
Times edition of Sunday, January 7, 2018.” “In spite of the detailed
report of the credible online news medium the Police and the
security agencies denied knowledge of the abduction of our
clients. Consequently, all efforts made by the lawyers,
doctors and family members of our clients to visit them in custody
were frustrated without any legal justification. Even Mrs.
Nalowa Bih who is pregnant was denied medical attention by the
National Security Adviser.”
“However, a representative of the Office of the
United Nations Commissioner for Refugees in Nigeria was allowed to
visit our clients at the request of the Ministry of Foreign
Affairs. During the visit, the United Nations representative found
that our clients were held in an underground cell at the
headquarters of the Defence Intelligence Agency on the orders of
the National Security Adviser.” “On account of the refusal
of the National Security Adviser to allow access to our clients by
their lawyers, relatives and doctors we filed an application at the
Abuja Judicial Division of the Federal High Court on Thursday,
January 25, 2018 for the purpose of securing their fundamental
rights to personal liberty and freedom of movement.”
“Notwithstanding the pending suit and the intervention of
the Office of the United Nations Commissioner for Refugees, the
National Security Adviser expelled our clients from Nigeria and
deported them to Cameroon on Friday, January 26, 2018.”
“Although the
National Security Adviser was ashamed to disclose the deportation
of our clients from Nigeria the Government of Cameroon has
celebrated the deportation and threatened to prosecute our clients
for unspecified crimes. Thus, with the connivance of the National
Security Adviser the Government of Cameroon has since held our
clients in an undisclosed military custody in Cameroon.”
“Out of the 52
people who were expelled from Nigeria the Government of Cameroon
has maintained that the National Security Adviser handed over to it
47 deportees. Up till now, the National Security Adviser has not
accounted for the whereabouts of the remaining 5
detainees!”
“The National Security Adviser knew that two of
our clients are naturalized Nigerians, six are refugees while 37
others are political asylum seekers who are entitled to be
protected by the Federal Government of Nigeria. For the avoidance
of doubt, the Office of the United Nations Commissioner for
Refugees in Nigeria drew the attention of the National Security
Adviser to the legal obligations of Nigeria to respect the rights
of our clients.”
“Under the National Security Agencies Act (Cap
N74) Laws of the Federation of Nigeria, 2004 and the Immigration
Act 2015 the National Security Adviser is not competent to arrest,
detain and deport any alien or immigrant from Nigeria to any other
country.” “Since the Government of Nigeria has never violated the
provisions of the United Nations Convention Relating to Refugees
and the OAU Convention on Refugees by deporting refugees and asylum
seekers to any country where they might be persecuted we are
compelled to urge Your Excellency to grant the following requests:
Order the National Security Adviser to produce the missing 5
deportees and bring back to Nigeria our clients who have been
illegally deported to Cameroon without any further delay.”
“If the National Security Adviser is unable to
bring back our clients to Nigeria he should be removed from office
for such brazen impunity which has exposed Nigeria to ridicule
before the comity of law abiding nations. The Federal Government
should prevail on the Government of Cameroon not to persecute our
clients to prevent the United Nations from sanctioning Nigeria for
violating the provisions of the 1951 United Nations Convention
Relating to Refugees.” “You will
therefore agree with us that the arrest, detention and deportation
of our clients from Nigeria to Cameroon by the National Security
Adviser cannot be justified on the following grounds: Based on the
appeal by Nigeria for a peaceful resolution of the political crisis
in Cameroon the people of Southern Cameroon filed a suit at the
Federal High Court to determine whether the people of Southern
Cameroon are not entitled to self-determination within their
clearly defined territory separate from La Republique Du
Cameroun.” “By a consent judgment delivered by the Court on March 5,
2002, the Federal Government was directed to file a suit at the
International Court of Justice to have a judicial confirmation of
the human right of the people of Southern Cameroon to self
determination. Attached herewith and marked annexure A is a
certified true copy of the judgment.” “The Federal Government
also undertook to take other measures as may be necessary to place
the case of the people of Southern Cameroon for self determination
before the United Nations General Assembly and other international
organizations.” “Even though the suit has not been filed at the
International Court of Justice the Federal Government has continued
to recognize the human rights of our clients and other people of
Southern Cameroon to self determination.”