* NBA should do more to stop illegal arrests and detention
of Nigerians, says Falana
Human rights lawyer Femi Falana, SAN has called on the Nigerian
Bar Association to “do more to hold governments at all levels to
account for violations of human rights and stop illegal arrests and
detention of Nigerians by law enforcement and security
agencies.”
Falana said this in a paper delivered yesterday at the induction
of Mr. Fatai Adeyemi Abinjo as 37th President of the District 9110
of the Rotary Club, Ogba Lagos.
According to Falana, “it is indisputable that Nigeria has
largely enacted laws for the enforcement of the human rights of
citizens and foreigners living in Nigeria. But due to the failure
of lawyers and judges to hold the government accountable, the human
rights of millions of poor Nigerians including civil, political,
economic and social rights are violated with almost absolute
impunity.”
Falana said, “It is high time the Nigerian Bar Association was
reorganised to take its rightful place in the human rights
community. Specifically, let all the branches of the NBA liaise and
collaborate with the Chief Magistrates designated to conduct
monthly inspections of police detention centres in each state of
the federation. The 1st Vice President of the NBA who is in charge
of human rights should mount additional pressure on the Acting
Chief Judge of the Federal High Court to designate Judges to
inspect the detention centres of other law enforcement
agencies.”
Falana’s paper read in part: “Attorneys-General who frustrate
the execution of judgments or who fail to prosecute all indictable
offences should be sanctioned for gross misconduct by the Nigerian
Bar Association.”
“The concepts of law and justice cannot have deep meaning, and
even application, to the millions of our people who are merely
existing at starvation level or even existing below that level. We
have for long concentrated on so-called ‘Fundamental Rights’ as if
these have equal meaning and application to all our people.”
“Most of the Rights entrenched in our Constitution are nothing
more than empty words to millions of our peoples who are or whose
children are suffering and, in some cases, dying of malnutrition
and other preventable diseases associated with the poor.”
“Nigerian lawyers should get organized and reposition the
Nigerian Bar Association to end illegal arrests and detention in
Nigeria.”
“Without the implementation of the laws and enforcement of
judgments on socioeconomic rights the political and civil rights
being celebrated by Nigerian lawyers and judges will remain empty
slogans.”
“To promote public interest litigation in the area of human
rights the doctrine doctrine of locus standi has been abolished by
the Fundamental Rights Enforcement Procedure Rules 2009. The
implication is that any concerned citizen or a group has the locus
to file suits challenging the infringements of the human rights of
persons who are in custody or other victims or who may not be able
to seek legal redress in the appropriate courts.”
“Having ratified the Protocol of the Ecowas on the establishment
of the Community Court of Justice and the African Charter on Human
and Peoples Rights, victims of human rights abuse may apply to the
Ecowas Court to secure the enforcement of their human rights. The
Nigerian Bar Association is called upon to join the coalition
against impunity in demanding for a Declaration accepting the
jurisdictional competence of the African Court on Human Rights in
line with 34 (6) Of the Protocol for the Establishment of the
Court.”
“The fundamental rights of every person to life, dignity of
human person, personal liberty and fair hearing have been
guaranteed by sections 33, 34, 35 and 36 the Constitution of the
Federal Republic of Nigeria, 1999 respectively. Similar rights have
been protected by articles 4, 5, 6 and 7 of the African Charter on
Human and Peoples Rights (Ratification and Enforcement) Act, Laws
of the Federation of Nigeria, 2004.”
“Owing to the fact that Nigeria is a class society only the rich
have the financial means to enforce these rights and others are
violated. But since majority of poor and oppressed people are not
in a position to enforce these basic rights due to poverty,
ignorance, illiteracy and fear they are routinely violated by law
enforcement officials. Even though the socioeconomic rights are
enforceable in our municipal courts Nigerian lawyers are
religiously committed to the defence of political and civil
rights.”
“Such rights include access to education, right to health,
national control of the economy, safe and healthy environment,
pension, equitable working conditions, right to development etc
guaranteed by the African Charter on Human and Peoples Rights
(Ratification and Enforcement) Act.”
“Furthermore, some aspects of the fundamental objectives and
directive principles of state policy (which have been made non
justiciable by the ruling class) have been enacted into law through
the struggle waged by the trade unions and other oppressed people.
But the ruling class has not hidden the fact that it is not
committed to the actualization of the aforesaid welfare laws.”
“The African Charter on Human and Peoples’ Rights ratified by
Nigeria and enacted into law by the National Assembly has made
socio-economic rights justiciable. To demonstrate further
commitment to the observance of socio-economic rights the Nigeria
has ratified the United Nations’ International Covenant on
Economic, Social and Cultural Rights. However, the Federal
Government has failed to fulfill its obligations to the Nigerian
people in line with the provisions of the aforesaid international
human rights instruments.”
“In a country where hundreds of thousands are languishing in
custody in dehumanizing conditions in prisons and other detention
centres lawyers are only prepared to defend the human rights of the
rich and politically exposed persons. A few months ago, I cautioned
Nigerian lawyers against the dangerous dual criminal justice
systems- one for the rich and one of the poor.”
“Because my warning was ignored the legal profession has been
exposed to ridicule by some judges who are instigated by a few
senior lawyers to confer permanent immunity on ex-governors whose
constitutional immunity has expired by effluxion of time.”
“I am referring to the practice of rushing to the federal high
court by highly placed lawyers to secure interim, interlocutory or
perpetual injunctions to bar the anti graft agencies, the
Inspector-General of Police and the Attorney-General of the
Federation from arresting investigating and prosecuting some former
governors and other politically exposed persons.”