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Saturday, 12 April 2014

SOKOTO: HURIWA TASKS POLICE ON OBJECTIVITY * Demand release of two detained APC youth in Sokoto;



With a charge that the Inspector General of police Mr. Mohammed Dikko Abubakar direct the immediate release or prosecution in the competent court of law of the duo of Malam Basiru Maragwiwa and Samaila Oko over alleged involvement in a recent inter-party fight which resulted in one fatality, a pro-democracy group has tasked the police to strive to be professionally objective and avoid partisanship.

In a statement jointly authorized by the National Coordinator Comrade Emmanuel Onwubiko and the National Director of media Miss. Zainab Yusuf, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said the detention of the two All Progressives Congress members for over a month at a cell without trial in Abuja for an offence allegedly committed in Sokoto, is a total negation of several provisions of the fundamental rights in chapter 4 of the constitution of the Federal Republic of Nigeria of 1999 (as amended).

Besides, HURIWA, further tasked the hierarchy of the nation’s police to repose some level of confidence on their officers posted to different federating units of the country or move them around in the event of suspicion of lack of professional objectivity/competence rather than moving to Abuja suspects with alleged divergent political views from that of the PDP-led Federal government particularly in matters relating to inter-party violence.

On the continuous detention of the two youthful opposition politicians from Sokoto over alleged killing of a member of the Peoples Democratic Party [name withheld] during a recent political crisis in Sokoto, the Rights group asked the police to charge them to court immediately in line with the due process of the law or grant them bail to stop the continuous violation of constitutional provisions with regards to their constitutionally guaranteed rights.

In the thinking of HURIWA the detention of suspects for more than the constitutionally required period is in direct breach of sections 35(1) (4); 35(5) (a) and (b); 36(1) 36(5).

The Rights group reminded the Inspector General of police that section 35(4) stated thus; “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time…”

Besides, the Rights group also affirmed that section 35(5)(a) and (b) provide that the expression 'a reasonable time' means in the case of an arrest or detention in any place where there is court of competent jurisdiction within a radius of forty kilometers, a period of one day; and in any other case, a period of two days or such longer period as the circumstances may be considered by the court to be reasonable.”

“We strongly canvass the strict adherence to the constitutional provision in section 36(5) which is of the unambiguous position that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty".

"We urge the Inspector General of police to use his good offices to direct that these two suspects be granted their constitutionally guaranteed rights by directing his officers at the Force Criminal Investigation Department in Abuja to conclude investigation on time and to seek the advise of the Sokoto State Director of public prosecution on going forward. The insinuation in Sokoto among most people is that the Abuja police hierarchy is playing to the gallery in this matter to please the national hierarchy of the Peoples Democratic Party”.

HURIWA however said it is prepared to give the Inspector General of Police the benefit of doubt as a professionally competent head of the policing institution to do the needful in this specific matter and many other pending cases that border on alleged violations of the constitutionally protected human rights of detainees in police facilities.

 “We trust that the hierarchy of the police will use this matter as a litmus test to show their level of professional objectivity in political matters especially as electioneering campaign activities of 2015 draw near. Professional objectivity and competency are the two qualities required of the nation's police to instill greater confidence and public trust if truly the people are to take the police serious as partners in the promotion and protection of human rights and the enforcement of the principle of Rule of law,” HURIWA argued.

11/4/2014

Tuesday, 8 April 2014

WHO KILLED PROFESSOR IYAYI? By Emmanuel Onwubiko



There is a general climate of lawlessness, anarchy and apprehension in Nigeria. These negative but frightening feelings among the majority of Nigerians are occasioned by the seemingly unrelenting regime of impunity and the apparent failure of law enforcement mechanisms.

This climate of impunity has continued with no immediate hope of ending. The vicious cycle keep expanding by the day even as the release last weekend of the report by the Federal Road safety commission (FRSC) into the recent killing in a road accident of the renowned Nigerian scholar and university teacher-Professor Festus Iyayi shows another level of conspiracy on the part of some government institutions to perpetuate anarchy and lawlessness.
My first intellectual encounter with the late Professor Iyayi was in my early senior high school in Kafanchan,/Kaduna State when I bought a beautiful book he authored titled “Climate of fear”.

I reminisced with profound nostalgia how I  devoured the contents of the fairly bulky novel in no time and if my memory has not failed me, I think the erudite scholar was full of pain in that prophetic book about the upsurge in violence which several years later has become monstrous.

Sadly, Professor Iyayi was killed violently on his way to Kano state to make peace and negotiate a truce between the then striking Nigerian University teachers and the recalcitrant federal ministry of education. We can not forget so soon that Nigerian public universities were left to close down for half a year by the government officials and the ever demanding and insatiable university teachers.

Iyayi was killed precisely in Lokoja, Kogi state as he drove himself from Benin, Edo State and it was then speculated that the driver in the Convoy of the Kogi State governor was responsible for his death due to reckless driving.
Understandably, the Kogi State government reportedly denied responsibility for this dastardly act of reckless driving which led to the killing of this profoundly respected university teacher and Unionist.

But following intense pressure from the organized civil society community the Federal Road Safety Commission (FRSC) proceeded to probe the circumstances surrounding the killing of Professor Iyayi and has reportedly indicted both the Kogi State governor’s driver and a construction firm handling a road project in Lokoja for the incident.

The official report into the accident in November 2013 was issued based on a freedom of information request sent to it by the law firm of Femi Falana (SAN) who did it on the express legal briefing of the national executives of the Academic Staff Union of Universities (ASUU).

Falana’s letter to the commission was dated February 12th 2014 even as the commission obliged the request in a reply endorsed by Mr. Wole Olaniran, an Assistant Corps Marshal, the legal Adviser of the FRSC.
The report pointedly blamed the driver in the Kogi State governor’s Convoy who veered off his own lane which led to the accident.  Recall that both the governor and another top flight official had had accidents on the same federal highway prior to this incident making Nigerians to wonder why the drivers attached to the Kogi state governor to be this reckless.

In a news report dated April 7th 2014, FRSC was quoted as saying that the accident was caused by the failure of the driver of a black Toyota Hilux pick-up Van in the governor’s convoy, carrying 7 policemen, to move to his lane of travel despite the fact that the road had been confined to a two-lane road way following the protracted construction work on the road.

Report said the FRSC said one Danladi Baba, the driver of the Toyota Hilux pick-up, allegedly travelling “on a high but determined speed South-bound of the road, deliberately failed to return to and stick to his lane of travel.”
“Contributing to the injury severity was speed; the direction of the impact and one vehicle number 1 (Toyota Hiace Bus) body reinforcement material which pierced the heart area of the fatally injured (Iyayi)”.

The commission also found a construction firm handling the Abuja/Lokoja road project guilty for failing to provide adequate guidance and channelization.
The commission advised governor’s convoy to “maintain adequate lane discipline and desist from running other vehicles off-road”.   
What a way to spoil a good report.        

FRSC by this hollow and substantially weak conclusion did not recommend punitive measures for the alleged killers of Professor Iyayi because even after finding out the real culprits, it went to the ridiculous limit of preaching to the guilty parties without deploying or invoking its legal powers to punish the offenders. Have FRSC officials become religious preachers?
By this show of shame, the Commission has promoted official impunity which implied that the law is only meant to sanction the weak and the poor who are in conflict with the law.

Federal Government must take measure to prosecute the guilty parties in the killing of Professor Iyayi except Nigeria has officially become a banana republic.

This tendency which contributes to general break down of law and order must be reversed if we ever hope to salvage Nigeria from spiraling violence and bloodshed occurring virtually in all segments of our Nigerian society.

Enough of this official institutionalization of anarchy, lawlessness and impunity.



*Emmanuel Onwubiko; is Head HUMAN RIGHTS WRITERS’ ASSOCIATION OF NIGERIA; Blogs@www.huriwa.blogspot.com; www.huriwa.org.  


7/4/2014 

Monday, 31 March 2014

RE: PRESS BRIEFING ON DELTA STATE BY DINO MALAYE


The attention of the Delta State Government has been drawn to the press briefing by Hon Dino Malaye alleging mismanagement of funds, specifically the N9 billion excess crude funds released to the state in December 2012.
It will be recalled that in the last two years, the fund allocation from the Federation has been dwindling. States have therefore been requesting for the release of part of the excess crude fund to deal with outstanding commitments.
The excess Crude referred to by Dino Malaye  came in two tranches of N1,090,380,894.61 and N8,348,064,864.52 on 10th December, 2012. 

Meanwhile the sum of N22,677,938,653.12 was being owed contractors and Ministries, Departments and Agencies (MDAs) mainly for capital projects. The N9b was therefore used to offset part of this commitment.

Contrary to the impression given by Dino Malaye that the money was spent in less than three days,  payment commenced in mid- December, 2012 and closed at the end of January, 2013 a period of over 6weeks.
All the payments were duly budgeted for and due process duly followed.
It must be noted that the Delta State Government uses the ICT based SAP financial management system which has ensured transparency in our payment system.
It is on record that many people have complained of the strict payment system by the Delta State Government. This is to ensure proper record keeping and accountability.
It is well known that the Delta State Government has been pursuing the Delta Beyond Oil Agenda to ensure that in future the State does not have to depend on Federal Allocation alone for survival.
The Honourable Commissioner for Finance will be addressing the press in the next few days to give details of the financial management system.
We urge Hon Malaye to properly investigate whatever information they get before coming out with allegations that are frivolous.

Signed:
Comrade Ovuozorie Macaulay
Secretary to Delta State Government
 26th March, 2014.
 
 
30/3/2014

Wednesday, 26 March 2014

ABSURDITY OF THE 21ST CENTURY:IN EGYPT 500 IS = 1 By Emmanuel Onwubiko



Since the popular uprising by millions of Egyptians that resulted in the forced removal of Dr. Mohammed Morsi and the formation of another civilian administration backed by the military hierarchy, several events have happened that have raised questions regarding the impartial role in the entire political debacle by the military.

One among the most prominent events that have brought Egypt into global disrepute is the decisive crushing by brute force of the mass demonstrations by the Muslim Brotherhood members, a Sunni Islamist religious, and political platform which has  longstanding history.

Before I am misunderstood, it must be made clear that activities of the Muslim Brotherhood have come under increasing scrutiny for targeting followers of other religious faiths and members of this religious platform are seen more or less as fundamentalist Islamic adherents with little or no tolerance even for other sectarian groupings even within the same Islamic Religion. 

With the above key preamble, let me observe that the Muslim Brotherhood was successful in the 2011 – 2012 parliamentary elections and its leader, the United States trained Dr. Mohammed Morsi won the June 2012 Presidential poll. A year after he was sworn in, due to popular acclaim and the staging of another mass revolution, Mohammed Morsi was removed.

Morsi’s removal followed series of undemocratic moves the then Muslim Brotherhood-dominated parliament made to introduce theocracy and suppress the practice of democratic freedoms and liberal democracy. Under his watch secular Egyptians and Coptic Christians came under barbaric attacks by fundamentalists opposed to religious liberalism.

July 3rd 2013 was therefore the day in contemporary history that  the Egyptian military Chief- General Fattah el-Sisi removed Mohammed Morsi from power and suspended the national Constitution.  This decision nevertheless secured widespread legitimacy from a cross section of the Egyptian civilian populace in their millions which by far outstripped the number that actually voted and brought Mohammed Morsi and his now dethroned Muslim Brotherhood affiliated administration to power before it collapsed like a pack of cards.

The military Chief then set up an interim government which is charged with organizing fresh election and the Chief Justice of the constitutional supreme court of Egypt Mr. Adly Mansour was named leader.
The Massive crackdown of the demonstrators drawn largely from the Muslim Brotherhood has taken a bizarre dimension with the recent charade of a verdict of a Tribunal in which 500 or more members of Muslim Brotherhood were convicted for the alleged murder of one policeman during a demonstration. 

Apart from the fact that this sham that emanated from the Egyptian Court has drawn global wide condemnations, the fact that most of those sentenced to death never participated in any demonstration but were simply picked up from the comfort of their homes and driven in ramshackle vehicles to court, has made it all the more a mockery of the principle of social justice and the rule of law.

This verdict has created credibility question for the interim government which has largely operated under the shadows of the powerful Egyptian military hierarchy which is warming up to present its commander-General Abdel Fattah el-Sisi as a Presidential Candidate. This military chief has already started international political campaign to transmute into civilian President as he was recently seen in the international media visiting some World leaders as if he is the defacto and de jure President of Egypt.
This judgment has not only turned logic on its head but it has turned Egypt that used to be venerated as the bastion of ancient civilization into a theatre of the absurd. It is absolutely absurd to conceive that 500 persons can plot the killing of just one policeman.
This verdict in which 500 members of the Muslim Brotherhood have been sentenced to death for the alleged killing of just one policeman is one of the greatest mathematical mysteries because it is absolutely unmathematical to calculate and conclude that five hundred are equal to one.       
But since the military-controlled political institution in Egypt is all out to crush members of the Muslim Brotherhood to pave way for the return through the back door of a civilian administration headed by a venerated and powerful military oligarch, it does not matter if five hundred lives are wasted with the infantile and warped logic that these crowd conspired, colluded and participated in the killing of one policeman.

Even the official state media in Egypt has branded this latest charade as the largest set of death sentences ordered by a court in the modern history of Egypt.
The Cairo-based Minya Criminal court which handed out these set of primitive death sentences on Monday March 24th 2014 can at best be described as the modern day theatre of the absurd.
This is how even the Muslim-backed Malasia Sun newspaper of Monday 24th March 2014 reported the mass death sentences.
The Newspaper reported thus; “The trial which resulted in Monday’s sentencing, only began on Saturday. The defense team was reportedly not allowed to make statements or objections, and the majority of the defendants were not allowed to attend the hearing".

The newspaper also reported that; “When the trial starts on Saturday and it is just a procedural hearing, and the judge doesn’t listen to any lawyers or witnesses and doesn’t even call the defendants, you are before a group of thugs and not the judiciary,” a family member of a defendant told Reuters.

“This is the largest single batch of simultaneous death sentences we’ve seen in recent years, not just in Egypt but anywhere in the world,” Hassiba Hadj Sahraoui, Deputy Middle East and North Africa Programme Director at Amnesty International said Monday.

The newspaper quoted critics of the Egyptian government as saying that;  “Egypt’s courts are quick to punish Mohammed Morsi’s supporters but ignore gross human rights violations by the security forces. While thousands of Morshi’s supporters languish. Just one police officer is facing a prison sentence, for the deaths of 37 detainees.”

“Without an independent and impartial process that can deliver truth and justice for all, many will question whether Egypt’s criminal justice system has indeed anything to do with justice, “Sahraoui said. “in any event, recourse to the death penalty is inherently unjust, and the Egyptian authorities should impose a moratorium on executions, with a view to abolishing it.”    

This mass death sentences handed to over 500 Citizens of Egypt by this Cairo-based court have grossly breached all sensible and well grounded international humanitarian laws.
Specifically, in part three, Article 26 of the international Covenant on civil and political Rights, the defendants must not be denied the right to fair conduct of the trial process including the right to be heard and represented by legal counsels of their choosing.

"All persons are equal before the law and are entitled without any discrimination to the equal protection of the law", so, says Article 26 of the international centenary on civil and political Rights.         
The Universal Declaration of Human Rights is another aspect of the body of international humanitarian laws that the Egyptian mass death sentences violated with shameless impunity, making it all the more imperative that the security council of the United Nations must act decisively to save Egypt from the unmitigated desecration of human lives that may occur should these sentences be carried out.

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. That is Article one of the Universal Declaration of Human Rights. But in reaching this predictable and rash decision, the Egyptian court has treated these 500 Muslim brotherhood members as persons without fundamental rights.

Also, Article eleven of the Universal Declaration of Human Rights provides clearly that; “Every one charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence”.
From the barrage of news coverage emanating from the trial, it is clearly that none of these parameters of Justice, equity and fairness were extended to these 500 persons who were simply moved into a crowded court room caged like mere irrational inanimate objects and sentenced to death without allowing them to put up any form of defence.
Now that this injustice has happened, World leaders must not only speak out in total rejection of this perfidy, but the security council must take concrete measures to ensure that the government in Egypt is not allowed to send these 500 persons to their untimely deaths.

* Emmanuel Onwubiko; Head; Human Rights Writers Association of Nigeria; blogs! http://www.huriwa.blogspot.com/; www.huriwa.org.  


26/3/2014