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SERAP Drags FG To UN Over Impunity, Orders
The Socio-Economic Rights and Accountability Project (SERAP) has petitioned UN Special RapporteurMr. Diego García-Sayán, on the independence of judges and lawyers requesting him to use his good offices to prevail on the government of President Muhammadu Buhari to end persistent disobedience of court rulings and orders.
SERAP also wants Mr Garcia-Sayan to urge President Buhari to uphold the Nigerian Constitution 1999 (as amended) and the country’s international obligations on protection of the independence and integrity of the judiciary.
In the petition dated 11 May 2018 and signed by SERAP deputy director, Timothy Adewale, the organisation said, “The selective enforcement of court orders if not urgently addressed would ultimately put the rule of law in Nigeria under siege.”
It added that the “persistent and apparently deliberate disobedience of court rulings by the Nigerian authorities is an affront to the supremacy of the Constitution and the independence of the judiciary and if not urgently addressed may lead to self-help and undermine the authorities’ oft-expressed commitment to fight corruption.
“Protecting judicial independence is an obligation to be guaranteed and not a privilege that States may grant. Disobedience of court rulings also directly violates the fundamental principles of the rule of law and separation of powers.
“We urge you to publicly condemn disobedience of court orders by the Nigerian authorities and prevail on them to refrain from any threats or interference that may hamper court’s independence as the supreme guardian of the country’s constitution and laws.”
“Disobedience of court orders is a serious threat to the independence and integrity of the judiciary and would undermine the crucial role of the judiciary in combating corruption and obstruct access to justice, contrary to international standards, including Article 11 of the UN Convention against Corruption to which Nigeria is a state party.”
“SERAP also notes Principles 2 and 4 of the UN Basic Principles on the Independence of the Judiciary mention the requirement of non-interference to guarantee the independence of the judiciary. Such lack of interference implies that no authority, private group or individual may interfere in judicial decisions; they must respect and abide by the decisions of the judiciary.
“Nigerian authorities have disobeyed court orders in several cases including those involving the Islamic Movement of Nigeria Leader Sheikh Ibrahim El-Zakzaky and his wife, the former National Security Adviser, Col. Sambo Dasuki (rtd), and SERAP. Many state governments in Nigeria also continue to flagrantly disobey court orders with almost complete impunity.
“Other court orders that the government continue to disobey include: the ECOWAS court judgment ordering the Nigerian authorities to provide free and quality education to all Nigerian children without discrimination; the rulings by Nigerian courts ordering the authorities to establish education banks to assist poor students to obtain loans to pursue tertiary education and the restoration of people’s bank to give loans without collaterals to underprivileged citizens.
“At least two of the court rulings SERAP recently obtained from the Federal High Court have been disobeyed by the Nigerian authorities. The first involves a case with suit number FHC/IKJ/CS/248/2011 delivered in March 2016 where Justice Mohammed Idris ordered the Federal Government of Nigeria to widely publish details on the spending of recovered stolen funds by successive governments since the return of democracy in 1999.
“The details ordered to be published by the court include: (a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria (b) The amount that has been spent from the recovered stolen public assets and the objects of such spending (c) Details of projects on which recovered stolen public assets were spent.
“The second court judgment involves a case with suit number FHC/CS/964/2016 delivered in July 2017 where Justice Hadiza Rabiu Shagari ordered the government to tell Nigerians the circumstances under which allegedly recovered stolen assets were recovered, as well as the exact amount of funds recovered from each public official. However, the Nigerian authorities would seem to have only partially obeyed the court orders in this case. The authorities are not known to have appealed any of these court judgments and rulings.
“Under both the Nigerian Constitution and international human rights treaties to which Nigeria is a state party including the International Covenant on Civil and Political Rights everyone is entitled to the right to an effective remedy, and to seek justice in courts in cases of violations of human rights.”
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Soyinka Demands Accountability Over Extra-Judicial Killings
Nobel Laureate, Professor Wole Soyinka, has called on Nigerians to reject silence in the face of extrajudicial killings and other abuses of human rights.
Soyinka stressed that accountability and civic courage remain essential to rebuilding public confidence in the nation’s institutions.
He made the call during the 28th Wole Soyinka Lecture held in Port Harcourt, last Friday as part of activities marking his 92nd birthday.
The lecture, themed “Reclaiming the Nigerian State through Accountability, Justice and Civic Courage,” drew participants from different sectors of society.
The renowned playwright and human rights advocate said the country’s greatest tragedy was not only the unlawful killings carried out by state and non-state actors, but also the silence that often follows such incidents, allowing perpetrators to evade justice.
According to him, indifference by citizens to abuses of power and violations of fundamental human rights has contributed to the persistence of extrajudicial killings and other forms of injustice across the country.
Soyinka said he dedicated this year’s lecture to victims of unlawful killings, noting that the event was intended to honour individuals who had lost their lives as a result of failures within the justice system and society’s inability to protect the sanctity of human life.
He stressed that the lecture was dedicated to what he described as the basic unit of every society – the human being, and urged Nigerians to place greater value on human dignity irrespective of ethnicity, religion or social status.
The Nobel Laureate recalled several incidents of violence, including the fatal shooting and killing of a young man in Ugheli in Delta State by a police officer, and the mob killing of Deborah Yakubu in Sokoto State sometime ago, lamenting that many of those responsible are yet to face justice.
He expressed concern that some perpetrators of violent crimes had openly admitted their actions without fear of prosecution, describing such situations as evidence of serious failures within the nation’s justice system.
Soyinka maintained that when justice is delayed or denied, public confidence in state institutions continues to erode, thereby encouraging further violations of human rights.
Responding to critics who accuse him of promoting religious or ethnic divisions whenever he spoke on such issues, Soyinka dismissed the allegations and pointed out that his advocacy has always centred on the protection of human life and the rule of law.
He urged Nigerians to remain vigilant and continue demanding justice in cases of alleged extrajudicial killings, including the recent shooting of a young man by a police officer, stressing that every life deserves equal protection under the law.
The literary icon also recalled an earlier pledge by a past incoming president to make public the files relating to unresolved assassinations and extrajudicial killings, questioning the status of the promised investigations.
He challenged citizens to continue asking questions about unresolved cases, insisting that justice, accountability and respect for human dignity are indispensable to building a peaceful, democratic and inclusive Nigerian society.
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FAAN Backtracks, Says No Fire Incident At Lagos Airport’s Terminal 2
The Federal Airports Authority of Nigeria (FAAN) has clarified that there was no fire at Terminal 2 of the Murtala Muhammed International Airport, Lagos, contrary to its earlier advisory.
Earlier yesterday, FAAN had announced that a fire incident had occurred at Terminal 2 of the nation’s busiest airport, and assured that its Aerodrome Rescue and Firefighting Service had been deployed to contain the situation.
There were also reports that activities were briefly disrupted at the airport yesterday after smoke was seen inside parts of the terminal.
Videos circulating online showed passengers kept standing outside the terminal while firefighters responded to the incident.
However, in an update issued less than two hours later by the Director of Public Affairs and Consumer Protection, Henry Agbebire, and posted on FAAN’s official X handle, the authority said preliminary findings showed that the smoke seen at the terminal was caused by the discharge of the facility’s FM-200 fire suppression system.
“Further to our earlier advisory regarding the incident at Terminal 2 of the Murtala Muhammed International Airport, Lagos, the Federal Airports Authority of Nigeria (FAAN) wishes to provide the following update,” the statement read.
“Preliminary findings indicate that there was no fire at the terminal. The smoke observed within the affected area resulted from the discharge of the terminal’s FM-200 fire suppression system. The reason for the activation of the fire suppression system is currently being investigated,” FAAN stated.
The authority said normal operations had resumed at the terminal while investigations were ongoing to determine the cause of the incident.
“Normal operations have since resumed at the terminal, while detailed investigations are ongoing to determine the exact cause of the incident,” the statement added.
The authority thanked passengers, airlines, airport users and other stakeholders for their understanding and cooperation.
FAAN appreciated the understanding and cooperation of passengers, airlines, airport users and all stakeholders, and reiterated its commitment to the safety and security of all airport operations.
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