A lawyer representing some freedom fighters deported to Cameroon
in January has written President Muhammadu Buhari demanding
explanations why the government took the step.
Femi Falana, a human rights activists and Senior Advocate of
Nigeria, is also asking the federal government to ensure the safety
two members of the group whom he described as ‘naturalised
Nigerians.’
The Nigerian government had deported some Cameroonian
nationalists after they were held for weeks in an undisclosed
detention facility by Nigerian security operatives.
The detained freedom fighters were arrested at the Nera hotel
after they assembled for a meeting on January 5.
Other members of the group, numbering over 30, were arrested and
detained by securities operatives in Taraba State before they were
all deported to Cameroon where they would be tried as
terrorists.
In a statement sent to TheNigerialawyer by Mr. Falana, the
lawyer accused the Nigerian government of being responsible for the
wrongful inclusion of some members of the group who are now in the
custody of the President Paul Biya governed, French dominated
Cameroon.
The statement reads in part:
“We are solicitors to the 51 Cameroonian refugees and asylum
seekers who were illegally arrested, detained and deported from
Nigeria to Cameroon on Friday, January 26, 2018 by the National
Security adviser, Major General Babangana (rtd.) We write this
protest letter on behalf of our client whose names and status are
set out in the list of deportees attached to this letter.
“On account of the refusal of the NSA to allow access to our
clients by their lawyers, relatives and doctors, we filed an
application at the Abuja Judicial Division of the FHC 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 UN commissioner for refugees, the NSA 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 NSA, the government of Cameroon has since held our clients in
an undisclosed military custody in Cameroon.”
It also added that at least four people “are missing from the
number disclosed by the Cameroonian authorities of those deported
from Nigeria.”
“Out of the 51 people, who were expelled from Nigeria, the
government of Cameroon has maintained that the NSA handed over to
it, 47 deportees. Up till now the NSA has not accounted for the
whereabouts of the remaining four detainees.
“Your excellency will therefore agree with us that the arrest,
detention and deportation of our clients from Nigeria to Cameroon
by the NSA 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 the southern Cameroon filed a
suit at the FHC to determine whether the people of the southern
Cameroon are not entitled to self-determination, within their
clearly defined territory, separate from LA. Republique Du
Cameroon,” the statement said.
The statement explained that a previous decision of the court
had affirmed the rights of the Cameroonians to
self-determination
“By a consent judgement 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 rights of the people of southern Cameroon to
self-determination. Attached herewith and marked annexure A is a
certified true copy of the judgement.
“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 UN general assembly and
other international organisations.
“Even though the suit has not been filed at the International
Court of Justice, the FG has continued to recognise the human
rights of our clients and other people of southern Cameroon to
self-determination.
“The NSA knew the two of our clients are naturalized Nigerians,
six are refugees, while 27 others are political asylum seekers who
are entitled to being protected by the FG of Nigeria. For the
avoidance of doubt, the office of the UN commissioner for refugees
in Nigeria drew the attention of the NSA to the legal obligation of
Nigeria to respect the rights of our clients.”
The lawyer added that the NSA failed to work with relevant
authorities before deciding to deport these persons.
“With respect, the facts and circumstances of the illegal
deportation of our client from Nigeria to Cameroon and the reckless
violations of their fundamental rights by the National Security
Adviser are hereby stated as follows: Our clients are not illegal
immigrants in Nigeria. Two of them are natural Nigerian citizens
while others are recognised refugees and political asylum seekers
in Nigeria.
“Under the national security agencies act, (CAP N74) laws of the
federation of Nigeria, 2004 and the immigration act 2015, the NSA
is not competent to arrest, detain and deport any alien or
immigrant from Nigeria to any other country.
“By the virtue of section 1 of the National Commission for the
Refugees, etc Act, (CAP N21) laws of the federation of Nigeria,
2004. The government of Nigeria has prohibited the expulsion,
extradition or deportation of any person who is a refugee to the
frontiers of any territory where—(a) his life or freedom will be
threatened on the account of his race, religion, nationality,
membership of a particular group or political opinion; or (b) his
life, physical integrity or liberty could be threatened on account
of external aggression, occupation, foreign domination or events
seriously disrupting public order in any part of the whole of that
territory.”
Mr. Falana made specific requests of the president.
“Since the government of Nigeria has never violated the
provision of the UN convention relating to refugees and the OAU
convention on refugees by deporting refugees and asylum seekers to
any country where they might be prosecuted, we are compelled to
urge your excellency to grant the following requests:
“Order the NSA to produce the missing four deportees and bring
back to Nigeria our clients who have been deported to Cameroon
without any further delay.
“If the NSA is unable to bring back our client to Nigeria, he
should be removed from office for the act of impunity which has
exposed Nigeria to ridicule, before the comity of law abiding
nations.
“The FG should prevail on the government of Cameroon not to
prosecute our clients so as to prevent the UN from sanctioning
Nigeria for violating the provision of the 1951 UN convention
relating to refugee.”
A lawyer representing some freedom fighters deported to Cameroon
in January has written President Muhammadu Buhari demanding
explanations why the government took the step.
Femi Falana, a human rights activists and Senior Advocate of
Nigeria, is also asking the federal government to ensure the safety
two members of the group whom he described as ‘naturalised
Nigerians.’
The Nigerian government had deported some Cameroonian
nationalists after they were held for weeks in an undisclosed
detention facility by Nigerian security operatives.
The detained freedom fighters were arrested at the Nera hotel
after they assembled for a meeting on January 5.
Other members of the group, numbering over 30, were arrested and
detained by securities operatives in Taraba State before they were
all deported to Cameroon where they would be tried as
terrorists.
In a statement sent to TheNigerialawyer by Mr. Falana, the
lawyer accused the Nigerian government of being responsible for the
wrongful inclusion of some members of the group who are now in the
custody of the President Paul Biya governed, French dominated
Cameroon.
The statement reads in part:
“We are solicitors to the 51 Cameroonian refugees and asylum
seekers who were illegally arrested, detained and deported from
Nigeria to Cameroon on Friday, January 26, 2018 by the National
Security adviser, Major General Babangana (rtd.) We write this
protest letter on behalf of our client whose names and status are
set out in the list of deportees attached to this letter.
“On account of the refusal of the NSA to allow access to our
clients by their lawyers, relatives and doctors, we filed an
application at the Abuja Judicial Division of the FHC 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 UN commissioner for refugees, the NSA 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 NSA, the government of Cameroon has since held our clients in
an undisclosed military custody in Cameroon.”
It also added that at least four people “are missing from the
number disclosed by the Cameroonian authorities of those deported
from Nigeria.”
“Out of the 51 people, who were expelled from Nigeria, the
government of Cameroon has maintained that the NSA handed over to
it, 47 deportees. Up till now the NSA has not accounted for the
whereabouts of the remaining four detainees.
“Your excellency will therefore agree with us that the arrest,
detention and deportation of our clients from Nigeria to Cameroon
by the NSA 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 the southern Cameroon filed a
suit at the FHC to determine whether the people of the southern
Cameroon are not entitled to self-determination, within their
clearly defined territory, separate from LA. Republique Du
Cameroon,” the statement said.
The statement explained that a previous decision of the court
had affirmed the rights of the Cameroonians to
self-determination
“By a consent judgement 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 rights of the people of southern Cameroon to
self-determination. Attached herewith and marked annexure A is a
certified true copy of the judgement.
“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 UN general assembly and
other international organisations.
“Even though the suit has not been filed at the International
Court of Justice, the FG has continued to recognise the human
rights of our clients and other people of southern Cameroon to
self-determination.
“The NSA knew the two of our clients are naturalized Nigerians,
six are refugees, while 27 others are political asylum seekers who
are entitled to being protected by the FG of Nigeria. For the
avoidance of doubt, the office of the UN commissioner for refugees
in Nigeria drew the attention of the NSA to the legal obligation of
Nigeria to respect the rights of our clients.”
The lawyer added that the NSA failed to work with relevant
authorities before deciding to deport these persons.
“With respect, the facts and circumstances of the illegal
deportation of our client from Nigeria to Cameroon and the reckless
violations of their fundamental rights by the National Security
Adviser are hereby stated as follows: Our clients are not illegal
immigrants in Nigeria. Two of them are natural Nigerian citizens
while others are recognised refugees and political asylum seekers
in Nigeria.
“Under the national security agencies act, (CAP N74) laws of the
federation of Nigeria, 2004 and the immigration act 2015, the NSA
is not competent to arrest, detain and deport any alien or
immigrant from Nigeria to any other country.
“By the virtue of section 1 of the National Commission for the
Refugees, etc Act, (CAP N21) laws of the federation of Nigeria,
2004. The government of Nigeria has prohibited the expulsion,
extradition or deportation of any person who is a refugee to the
frontiers of any territory where—(a) his life or freedom will be
threatened on the account of his race, religion, nationality,
membership of a particular group or political opinion; or (b) his
life, physical integrity or liberty could be threatened on account
of external aggression, occupation, foreign domination or events
seriously disrupting public order in any part of the whole of that
territory.”
Mr. Falana made specific requests of the president.
“Since the government of Nigeria has never violated the
provision of the UN convention relating to refugees and the OAU
convention on refugees by deporting refugees and asylum seekers to
any country where they might be prosecuted, we are compelled to
urge your excellency to grant the following requests:
“Order the NSA to produce the missing four deportees and bring
back to Nigeria our clients who have been deported to Cameroon
without any further delay.
“If the NSA is unable to bring back our client to Nigeria, he
should be removed from office for the act of impunity which has
exposed Nigeria to ridicule, before the comity of law abiding
nations.
“The FG should prevail on the government of Cameroon not to
prosecute our clients so as to prevent the UN from sanctioning
Nigeria for violating the provision of the 1951 UN convention
relating to refugee.”
Read more https://nairalaw.com/falana-writes-buhari-over-deportation-of-cameroonians-wants-nsa-sanctioned/