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66 Convicted Soldiers File N1.320bn Suit Against FG
Sixty-six convicted soldiers have filed a suit at a Federal High Court, Lagos challenging their continued detention in the custody of the Ikoyi and Kirikiri Maximum Correctional Centres, Lagos.
They are asking the court for an order directing the respondents, the Minister of Internal Affairs and Comptroller, Nigeria Correctional Services, Lagos to pay them a cumulative sum of N1.320billion for violation of their fundamental rights to personal liberty and freedom from discrimination of their persons.
In the fundamental rights enforcement suit filed by their counsel, Mrs. Funmi Falana, the applicants are asking the court for a declaration that their continued detention at the correctional centres, despite the amnesty granted them by President Muhammadu Buhari since April 9, 2020, is illegal and unconstitutional and violates their rights to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.
They are, therefore, seeking a declaration that their continued detention at the custody the correctional centre, in Ikoyi and Apapa also violates their right to freedom from discrimination guaranteed by Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Articles 2 and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.
Other reliefs sought by the applicants are for an order directing the respondents to release them from the custody of Ikoyi and Kirikiri Correctional Centres, forthwith in compliance with the Presidential Amnesty granted on April 9, 2020, by President Muhammadu Buhari of the Federal Republic of Nigeria pursuant to Prerogative of Mercy under Section 175 of the Constitution of Federal Republic of Nigeria, 1999 (as amended).
They also asked the court for an order directing the respondents to pay to the applicants a total sum of N20million each being compensation for the violation of their Fundamental Rights to Personal Liberty and Freedom from Discrimination of their persons.
The applicants based their request for reliefs on nine grounds.
They contended that the refusal of the respondents to permit the immediate release the applicants based on the Presidential Amnesty granted recently by President Buhari pursuant to Prerogative of Mercy under Section 175 of the Constitution of Federal Republic of Nigeria, 1999 (as amended) and the continued detention of the Applicants is illegal and unconstitutional as they violate the Applicants’ right to their Personal Liberty guaranteed by section 35 of the 1999 Constitution and Article 6 of the African Charter on Human and People’s Rights Act.
They also contended that the refusal of the respondents to release the applicants along with the 2,600 who met the terms of the Presidential Amnesty granted recently by the President of the Federal Republic of Nigeria pursuant to Prerogative of Mercy under Section 175 of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) along is discriminatory, illegal and unconstitutional as it violates the Applicants’ right to Freedom from Discrimination and Article 2 of the African Charter on Human and People’s Rights Act.
They argued that the respondents ought to release the applicants from prison custody forthwith in accordance with the terms of the aforesaid Presidential amnesty.
They further argued that having been in custody for 67 months out of the prison term of 80 months, they have spent more than 75% of their 10-year imprisonment.
Alternatively, they said since they are due to be released next year, they have less than three years to complete their 10-year term of imprisonment.
They are therefore qualified for the Presidential amnesty having served a substantial term of their sentence.
They said one of the convicted soldiers; Cpl. Stephen Clement was released from prison custody on April 28, 2020 on the ground that he had spent more than 75 percent of his 10-year prison term in line with the terms of the Presidential Amnesty of April 9, 2020.
In the affidavit in support of their application, they averred that they were charged and tried alongside other eleven soldiers before a General Court-Martial on a six-count charge of committing mutiny, criminal conspiracy to commit mutiny, attempted murder, disobedience to particular orders, insubordinate behaviour and false accusation contrary to and punishable under the Armed Force Act (Cap A20) Laws of the Federation of Nigeria, 2004.
They said at the end of the trial, they were convicted and sentenced to death in a judgment delivered sometime in September, 2014.
They averred that following a review of their case, the confirming authority upheld the conviction but commuted the death sentence to 10 years imprisonment. Since the Applicants are entitled to remission of the 10-year jail term, they are required to spend a total of 80 months in prison custody. From September, 2014 to June, 2020, they have spent over 67 months in custody.
They averred that in exercise of the powers of Prerogative of Mercy under Section 175 of the Constitution, President Buhari granted amnesty to certain categories of convicted inmates including those who have spent 75 percent of their sentence after remission as well as inmates who have less than three years term left to serve having served a substantial term of their service for offences that attract five years and above.
They claimed that having been in custody for 67 months out of the prison term of 80 months, they have spent more than 75 per cent of their 10-year imprisonment and that they have less than three years to complete their 10-year term of imprisonment as they are due to be released from custody next year.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.
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