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Sunday, 10 January 2016

The Orders For The Bail Of Dasuki & Kanu Should Be Obeyed By Femi Falana

For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that "In our democracy all the Governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance."

One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Mohammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country. Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law. In particular, he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the Government to unwarranted embarrassment.

In July last year, the State Security Service (SSS) searched the private residence of former NSA, Col Sambo Dasuki (rtd) at Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court at Abuja. Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations.

The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law. The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists.

In the same vein, the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favor of criminal suspects should be obeyed without further delay.

To ensure that suspects are no longer held in custody in any part of Nigeria without any legal justification section 34 of the Administration of Criminal Justice Act has imposed a duty on each the Chief Judges to designate a Chief Magistrate and a Judge of the High Court to visit all police stations and other detention centers within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.

Femi Falana SAN.

Suspended Delta Council Boss' Thugs, Hoodlums, Invade Shoprite, Cart Away Millions Of Naira In Goods

Pandemonium broke out Friday when thugs said to be loyal to the suspended chairman of Uvwie Local Government Area (LGA) of Delta State, Mr. Henry Baro, invaded the popular Shoprite and surrounding stalls in Warri and carted away goods worth millions of naira.

The chairman’s thugs were joined by hoodlums unassociated with him, but who wished to partake in the looting opportunity.

The thugs and the hoodlums, it was learned, destroyed various properties, including expensive automated glass doors, all of which was worth several millions of naira.

SaharaReporters reliably learned that the trouble began following a scuffle between the suspended embattled council chairman, Mr. Baro and two armed Navy personnel on mufti attached to Shoprite. The embattled council boss was said to be resolving an issue arising due to a hit and run incident involving a trailer driver who bashed his car along the Effurun roundabout by Shoprite.

While Mr. Baro was arguing with the trailer drive the Navy personnel on mufti arrived on the scene and mercilessly assaulted and manhandled him.

During Mr. Baro’s confrontation with the Navy personnel rumors of his beating filtered into town. Shortly thereafter, several thugs, numbering in the thousands, loyal to the chairman arrived at the Shoprite and immediately invaded the area. Their activities attracted the attention of nearby hoodlums who joined in the mayhem.

According to an eyewitness account, when the casually dressed Naval officers saw the approaching thugs and youths they ran into the main bowl of Shoprite. The two Navy men were quickly pursued by the thugs just before the looting began.

"The theft occurred in broad daylight. It was too much. Come and see how these thugs, youths, and hoodlums were looting and carting away goods. Most affected were the shops selling computers, phones, and other accessories.

“This [the looting] led to the shutdown of Shoprite and other shops for several hours but they later re-opened when the tensions were brought under control," an eyewitness told a SaharaReporters correspondent.
When contacted, the suspended embattled chairman, Mr. Baro denied the fact that his supporters were among those who invaded and looted the Shoprite in Warri. Speaking to a SaharaReporters correspondent he provided his own version of events.

"I was a victim of a power drunk naval officer, Mr. Rex Bogoadjera. I didn't go to the Shoprite, in fact, I have never stepped into that mall after the commissioning where I was present.

"I simply asked to know his identity and he flared up asking me if I was mad and warned me not to ask him again. The next thing I knew he held my t-shirt against my neck and brought out a dagger. He then beckoned for his colleague, who crossed over the road to meet us with a gun.

"While all of this was going on onlookers had raised the alarm and several Uvwie locals as well as many of my supporters trooped in to rescue me. At this point, it was still under control until other criminal elements hijacked the protest and it became riotous. However, I sincerely apologize for what happened. My core supporters would never do such an unholy thing, " Mr. Baro explained.

Delta State Police Public Relations Officer (PPRO), DSP Celestina Kalu and the Manager of Delta City Mall housing Shoprite, Mr. Oni Shola confirmed the invasion.

Last year the Delta State House of Assembly suspended the embattled council chairman, Mr. Henry Baro following politics of opposition and the alleged misappropriation of public funds.

#BayelsaDecides: Interim Statement By Nigeria Civil Society Situation Room On The Bayelsa Supplementary Gubernatorial Election

The Nigeria Civil Society Situation Room (Situation Room) observed the Bayelsa State supplementary elections and received field reports from its deployed observers and other election observer networks.

The supplementary elections follow from the December 5th, 2015, governorship election which Independent National Electoral Commission (INEC) declared as inconclusive and scheduled re-run to hold on Saturday, January 9, 2016.

INEC conducted supplementary governorship election in 527 polling units spread across 50 wards in 7 Local Governments Areas where elections did not take place during the December 5 election due to irregularities. In this regard, we wish to make the following observations:

1. As the supplementary polls conclude we wish to acknowledge the efforts of INEC, the security services, and officials drawn from across the country. They have conducted their work at times under enormous pressure, threats to their safety, and challenges from the very difficult terrain.

2. Situation Room also wishes to commend voters in Bayelsa State for their effort in participating in the supplementary elections despite the tension in the State over the days preceding the election.

3. Delays in the opening of polls which, was noted in a number of wards were regrettable and every effort should be made to continue to improve logistics because some delays were the result of the need to resolve local disputes before proceeding.

4. That the performance and use of card readers were improved and the adherence in most areas to the commitment to cancel results where there was variance from electronic accreditation is welcome in promoting electoral discipline.

5. That in some areas INEC staff faced unacceptable pressure or operated under duress and that in future every effort should be made to strengthen assistance to electoral officials facing such threats.

6. That despite clear signs of preparation for violence, key instigators were still able to move freely at the time of election and that in future polls pre-election security should be intensified, noting the importance of being seen to act neutrally at all times.

7. There were reports of widespread violence in Bassambiri in Nembe LGA and in other LGAs. There were also reports of ballot-box snatching, stolen card reader, destruction of INEC results sheets, votes buying by party agents.

8. That amid some reports of violence after the supplementary elections there is need for Security agencies to have adequate resources and deployment to be on the ground to manage tensions after elections in vulnerable areas.

In the light of the above, the Situation Room is obliged to put on record its profound disappointment in the conduct of major political parties where before and during polling there have been instances of:
Persistent allegations against INEC and security services that have increased tension and damaged confidence in the polls.

Violent incidents in which INEC full time and ad hoc staff have been abducted and threatened in the course of their duty.

Violence between party supporters, which have resulted in a number of casualties that are certain to include innocent bystanders.

Reported assaults and threats against election observers in some areas are unacceptable and form part of a pattern of violence that must be stemmed.

We call on all political parties to draw lessons from the conduct of their members, candidates, and spokespeople during the Bayelsa poll and to cease actions which are undermining confidence in our electoral process.

We also call on the security agencies to impartially follow up on the serious incidents that have been recorded in Bayelsa so that public confidence can be maintained in the right of citizens to participate fully in elections and cast their votes without fear.

The Situation Room is deeply concerned that unless there is reform in the conduct of the major political parties and accountability for political violence and abuse then the re-run polls that will hold across the country in coming weeks will be seriously jeopardized.

The Situation Room is made up of Civil Society Organisations (CSOs) working in support of credible and transparent elections in Nigeria and includes such groups as Policy andLegal Advocacy Centre (PLAC), CLEEN Foundation, Action Aid Nigeria, Centre for Democracy and Development (CDD), Enough is Enough Nigeria, Wangonet, Partners for Electoral Reform, JDPC and Youth Initiative for Advocacy, Growth & Advancement (YIAGA), CWAE. Others are Development Dynamics, Human Rights Monitor, Election Monitor, Reclaim Naija, Institute for Human Rights and Humanitarian Law, Centre LSD, CITAD, Stakeholder Democracy Network (SDN), CISLAC, WREP, Proactive Gender Initiative, Nigerian Women Trust Fund and several other CSOs numbering more than Sixty.

Chris Newsom, Programs Advisor Stakeholder Democracy Network
Ph+234 813 402 9078 / +44 777 916 9744
http://www.stakeholderdemocracy.org

Furor In Anambra APC As Dismissed Senator Ekwunife Seeks Party's Nomination

The Anambra State chapter of the All Progressives Congress (APC) is gripped by grumbling after former Senator Uche Ekwunife ditched her political party, the Peoples Democratic Party (PDP), defected to the APC, and blanketed the state with her campaign posters seeking nomination to represent the APC in a forthcoming senatorial race.

Former Anambra State Senator Uche Ekwunife The News Chronicle

Ms. Ekwunife contested the 2015 senatorial election on the ticket of the PDP, and was declared the winner by the Independent National Electoral Commission. However, on December 7, 2015, a panel of the Court of Appeal in Enugu nullified her election, ruling that her selection as the PDP’s senatorial candidate was irregular. The appellate court ordered INEC to conduct fresh electionswithin 90 days.

In a dramatic move yesterday, Ms. Ekwunife announced her resignation from the PDP. Her campaign then unveiled campaign posters depicting her as seeking nomination to represent the APC in the forthcoming rerun.

“The manner in which Chief Mrs. Uche Ekwunife is trying to buy the APC nomination is a recipe for disaster for the party,” one APC official told SaharaReporters. He described Ms. Ekwunife as “an unprincipled politician who is using everything at her disposal to contest the [senatorial] election as the APC flag bearer now that it is clear that Dr. [Chris] Ngige will not run.”

Another APC member complained that the rusticated senator was using her ties to some APC top shots in Abuja to bulldoze her way to a nomination. “How can she resign from PDP yesterday and by today her [campaign] posters as a so-called APC member are all over the place?” He accused Ms. Ekwunife of spreading false rumors that President Muhammadu Buhari was backing her ambition to be the party’s candidate in the senatorial contest. “Her minions have been claiming that her move to APC has been approved by President Buhari. And that her election will be funded by Governors Ifeanyi Ugwuanyi and Tambuwal [of Enugu and Sokoto states respectively],” he stated.

A top APC official in Anambra State however allayed the fears of party members who have expressed disenchantment over what he called Ms. Ekwunife’s “political antics.” “I can assure party members and all APC members that President Buhari has nothing to do with this political cesspool of corruption and immorality,” said the official. According to him, “the time for substitution of candidates has since closed under the Electoral Act. So if she’s seeking the ticket of the APC or any other party, she is just wasting her time and money.”

Another party member, a lawyer, echoed the sentiment. He stated that both the Court of Appeal and the Supreme Court had long decided that a fresh election was only for persons who were qualified to contest the nullified election, and under the same political parties they had contested.

“The courts have held on several occasions that there is no room for substitution of new candidates or introduction of more political parties,” said the lawyer.

A PDP member in Anambra State described Ms. Ekwunife’s defection to the APC as good riddance. “Just a few months ago, this desperado used [former First Lady] Patience Jonathan to hijack the PDP senatorial ticket. She used the influence of Dame Jonathan and Prince Arthur Eze to rig her way to the Senate where she was until the court sacked her. Now, she has gone to fool the APC by dressing like an Alhaja,” he said.

PDP Leading In Bayelsa Gubernatorial Race Despite Reports Of APC Sponsored Violence

According to unofficial results collated so far, the PDP had a strong showing at polling units and wards in Amasoma, Otuan, Ogbia, Nembe Ogbolomabiri, Ekpetiama and some other communities. The decision by the Independent National Election Commission (INEC) to decentralize the distribution of election materials to LGAs across the State facilitated the early arrival of materials in some communities.

Despite this development, and the presence of 5,000 deployed police to the State, there were cases of violence and hijacked election materials.

SaharaReporters has learned of multiple reports of violence sponsored by the All Progressives Congress (APC) in Bayelsa State, with other reports saying that some violence was assisted by security operatives. In particular SaharaReporters has learned that Ekeremor, Famgbe and Nembe communities have been affected by violence.

Election materials meant for Lobia, 1, 2, 3 and Peremabiri were hijacked by militants wielding AK-47 machine guns and other dangerous weapons. A PDP leader, James Jephtah, had a property belonging to him destroyed by thugs working for the APC, according to reports.

SaharaReporters has also learned of violence in Ekeremor where at least five people have been reportedly killed, however details and confirmation were not immediately available at the time of publication. In addition to this violence, a lodge belonging to Governor Seriake Dickson was vandalized in Ekeremor.

This violence comes days after the Speaker of the Bayelsa State House of Assembly, Boyelayefa Debekeme, and three other PDP officials, were attacked with machetes by thugs believed to be working for the Minister of State for Agriculture, Senator Heineken Lokpobiri.

Arab foreign ministers accuse Iran of undermining regional security

Arab foreign ministers on Sunday accused Iran of interfering in the affairs of other Middle East states and undermining regional security, as officials met at an emergency Arab League session to discuss escalating tensions in the region.

The crisis between the Sunni Muslim kingdom of Saudi Arabia and Shi'ite Muslim power Iran, both major oil exporters, started when Saudi authorities executed Shi'ite cleric Nimr al-Nimr on Jan. 2, triggering outrage among Shi'ites across the Middle East.

In response, Iranian protesters stormed the Saudi embassy in Tehran, prompting Riyadh to sever relations. Tehran then cut all commercial ties with Riyadh, and banned pilgrims from traveling to Mecca.

Opening the emergency Arab League session in Cairo, United Arab Emirates Foreign Minister Sheikh Abdullah bin Zayed al-Nahyan said the meeting "comes in light of a dangerous escalation".
Saudi Arabia said on Saturday after an extraordinary Gulf Cooperation Council meeting that it would take "additional measures" against Iran, but did not elaborate further.

"We strongly condemn the attacks on diplomatic missions by Iran and absolutely reject the Iranian policy of interference in the affairs of the kingdom and any other Arab state," Nahyan said.

"Iran does not hesitate to exploit sectarianism as a way to gain control of the region," he added.
"These attacks clearly reflect the approach that the Iranian policy is taking in our Arab region specifically ... with its interference in the affairs of the (region's) states and instigation of sectarian strife and shaking its security and stability," said Saudi Foreign Minister Adel al-Jubeir.

As foreign crises pile up, Obama seen taking few risks in final year

As Barack Obama prepares to deliver his final State of the Union address on Tuesday night, the U.S. president and his aides have insisted he will not be content simply to run out the clock on foreign policy and is acting decisively to tackle crises piling up around the globe.
But former U.S. officials and experts familiar with the White House’s thinking say he appears locked into policies aimed more at containing such threats and avoiding deeper U.S. military engagement in the last year of his presidency.

This, they say, all but guarantees that the toughest geopolitical challenges will be inherited by Obama’s successor. That will likely give fuel to Republican presidential candidates who are eager to use Obama's foreign policy woes to attack, by extension, Democratic front runner Hillary Clinton, who served as his first-term Secretary of State.

Islamic State has extended its deadly reach across the Middle East and beyond, with recent attacks in Paris and San Bernardino, California, carried out or inspired by the jihadist group. North Korea stunned the world last week with its fourth rogue nuclear test. Taliban insurgents are gaining ground in Afghanistan. Beijing continues to flex its muscle with its neighbors.

Russia remains undeterred in Ukraine’s separatist conflict and has challenged U.S. influence in the Middle East with its military intervention in Syria’s civil war, a conflict that Obama’s critics have seized on as evidence of a rudderless foreign policy.

Most outside analysts agree with administration officials’ insistence that much of the global tumult is driven by forces beyond Obama’s control.

But experts also give credence to criticism that Obama’s crisis response has often been hesitant and that policy missteps have either fueled conflict – or done little to curb it - in places like Syria, Iraq and Ukraine.
“This is a risk-averse president who sets red lines he doesn’t enforce,” said Aaron David Miller, a former Middle East adviser to Republican and Democratic administrations. “There’s not a lot of inclination for heroic initiatives in what’s left.”

Obama took office in 2009 hailed by his supporters as a transformational leader and pledging to bring U.S. troops home from the long, unpopular wars in Iraq and Afghanistan.

In his first inaugural speech, he promised to help usher in a “new era of peace,” including outreach to Muslims alienated by the perceived excesses of his predecessor George W. Bush’s global “war on terror.”
After popular revolts began to convulse the Arab world, Obama used his 2011 State of the Union speech to trumpet support for the “democratic aspirations of all people.” But the “Arab Spring” has since taken an ugly turn, leaving Obama facing a Middle East region that is more unstable yet no more democratic than before.

FORMIDABLE OBSTACLES
Recent polls show that more than half of Americans disapprove of the way Obama is handling foreign policy and two-thirds are displeased with his response to Islamic State and the terrorist threat.

The Obama administration strongly denies that it has now resigned itself to merely containing the seemingly intractable conflicts. As evidence of success, it can point to its landmark nuclear deal with Iran, the historic diplomatic opening to Cuba and a sweeping international climate change deal - all of which a senior administration official said will likely be touted in Tuesday’s speech. He has also forged a major Asia-Pacific trade pact but faces an uphill fight to get it through Congress.

For the coming year, Obama has left the door open to using executive powers to fulfill his early pledge to close the Guantanamo military prison, and could also act on his own to further loosen the half-century-old economic embargo on Cuba.

“The president will be focused on finishing strong on his foreign policy agenda,” the senior administration official told Reuters. “In no lexicon I’m aware of is this a strategy of containment.”

Obama insists his aim is to destroy Islamic State in Syria and Iraq, but there are strong doubts that his combination of relying on U.S.-armed local partners, targeted American special forces raids, coalition air strikes and financial sanctions will be enough.

The quest for a diplomatic solution to Syria’s civil war also faces formidable obstacles, and Syrian President Bashar al-Assad, who Obama said back in 2011 “must go,” looks all but certain to outlast him in office.
“This all adds up to attempted containment - getting through 2016 until it becomes someone else's problem,” said Frederic Hof, a former State Department adviser on Syria during Obama’s first term and now at the Atlantic Council think tank.

Obama has recently reinserted about 3,500 U.S. military personnel into Iraq, slowed the U.S. withdrawal from Afghanistan and authorized small numbers of special operations forces in Syria – though he adamantly rejects any large-scale military deployment.

His reluctance to get pulled into new conflicts remains at the heart of his foreign policy, and critics say other world powers are taking advantage of that.

China has shown growing assertiveness in the South China Sea, where it has defied U.S. criticism of its island-building and felt no apparent consequences.

U.S. ally Saudi Arabia has shown its willingness to buck Obama by going ahead with the execution of a prominent Shi’ite cleric, provoking a feud with Iran that Washington appears powerless to quell.

North Korea’s announcement last week that it had exploded its fourth nuclear device since 2006 raised new questions about the Obama administration’s “strategic patience” doctrine that essentially has sought to contain Pyongyang without provoking it.

“I doubt that the president will put in any political capital to this,” said Bonnie Glaser, senior Asia adviser at the CSIS think tank in Washington. “What can the president do in his last year?”