Femi Falana, Senior Advocate of Nigeria, has called on the Nigerian Senate to be guided by history as it sets out to probe Senator Natasha Akpoti-Uduaghan’s recent trip to Geneva. Drawing from his own experiences during Nigeria’s military era, Falana emphasized that the Senate’s actions risked exposing the country to unnecessary embarrassment and ridicule.
In 1994, Dr. Beko Ransome-Kuti, the Chairman of the Campaign for Democracy (CD), traveled to India to attend the Commonwealth Human Rights Initiative, where he was the only African member. Around the same time, Falana traveled to Canada to deliver lectures on the human rights situation in Nigeria and received an award on behalf of the CD. Upon their return to Nigeria on January 14, 1995, both men were arrested and detained at the Nigeria Immigration Service Guest House in Ikoyi, Lagos State. They were interrogated by a combined team of the State Security Service, Nigeria Intelligence Agency, and Nigeria Immigration Service personnel.
They were accused of traveling illegally, as they did not use the official immigration routes. The authorities also claimed they should have obtained security clearance because their names were on a “watch list.” In response, Falana pointed out that the watch list was both discriminatory and illegal, citing the case of Shugaba v Minister of the Interior, where the Court of Appeal ruled that every Nigerian citizen has the right to free movement.
The interrogators then demanded their passports, but Falana and Ransome-Kuti refused, asserting that their passports were kept in Cotonou, Benin Republic, to prevent confiscation. They further argued that millions of Nigerians travel daily without their passports being stamped at the colonial-era borders maintained by the neo-colonialists within the Economic Community of West African States (ECOWAS).
The global outcry over their detention led to their eventual release on bail, facilitated by their lawyer, Chief Gani Fawehinmi. Though they were detained for a week, they were never charged for the alleged crime of illegal travel. Falana reminded the Senate and security agencies of this history to warn them against repeating such mistakes.
Falana also referred to the 2017 case of Bauchi State House of Assembly v Honourable Rifkatu Danna, where a female lawmaker was indefinitely suspended for criticizing the relocation of the Tafawa Balewa Local Government Area. The Bauchi Chief Judge ruled that her suspension beyond 14 days was illegal and a violation of her rights, and the Court of Appeal confirmed that the suspension violated her constitutional rights, including her right to be represented in government.
The case, Falana noted, demonstrated a disregard for the fundamental rights guaranteed by the African Charter on Human and Peoples Rights. In this case, the Court of Appeal criticized the actions of the Bauchi State House of Assembly, saying they represented a “flagrant abuse of constitutional powers.” The judgment reinforced the right of individuals to express opinions within the law, and Falana argued that this precedent should inform the Senate’s approach to Senator Akpoti-Uduaghan’s situation.
Finally, Falana responded to the accusation from Senate President, Senator Godswill Akpabio, that Senator Akpoti-Uduaghan had embarrassed the Nigerian government by reporting her suspension to the Inter Parliamentary Union. Falana rejected this view, arguing that it is the official investigation into her trip by security agencies that will bring Nigeria unnecessary shame, not Akpoti-Uduaghan’s actions.
He advised the State Security Service (SSS) and the Nigeria Intelligence Agency (NIA) to revisit the investigation of his and Ransome-Kuti’s travels during the Sani Abacha military regime before attempting to probe Senator Akpoti-Uduaghan. Falana concluded that such a probe would not only fail but would likely embarrass some officials within the Bola Tinubu administration who had previously been accused of similar travel activities during Nigeria’s military era.
Thus, Falana called for the Senate to carefully reconsider its actions and avoid repeating the mistakes of the past, which had led to international condemnation and disgrace.
The post Falana Cautions Senate Against Probing Akpoti-Uduaghan’s Geneva Trip, Warns It Could Backfire On Tinubu Administration appeared first on TheNigeriaLawyer.
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