Biafra: Dutch Lawyers File Complaint Against Buhari at The Hague

A Biafra supporter cries during a rally in support of Nnamdi Kanu in Abuja, December 1, 2015. Dutch lawyers have filed a case against Nigerian President Muhammadu Buhari for alleged crimes against humanity against pro-Biafran activists.Afolabi Sotunde/Reuters

The pro-Biafran activist group led by the imprisoned Nnamdi Kanu has filed a complaint against Muhammadu Buhari in The Hague, accusing the Nigerian president of war crimes.

Thousands of people in southeast Nigeria have demonstrated in recent months, demanding independence for Biafra. Kanu, the leader of one of the most prominent activist groups—the Indigenous People of Biafra (IPOB)—was arrested by Nigerian security forces in October 2015 on charges of ethnic incitement and sedition. He remains in detention and was refused bail by a federal high court in the capital Abuja on Friday
Goran Sluiter, a lawyer at Dutch human rights legal firm Prakken d’Oliveira, filed the complaint with the International Criminal Court in The Hague on Friday. Sluiter tells Newsweek that there has been “an intensification of violence and crimes committed against Biafrans since Mr Buhari became the Nigerian president.”

There have been numerous reports of pro-Biafran protesters being killed in clashes with Nigerian security forces during demonstrations. More than 20 protesters and two police officers have been killed since October 2015, AP reported, with about 200 people detained across the country. Inspector General Solomon Arase, Nigeria’s chief of police, warned protesters in December to stop their activities or face “the full weight of the law.”

“Nigeria is already a long time on the agenda of the [ICC] prosecutor and Nigerian courts are not dealing at all with these crimes. The time really has come for the ICC to act,” says Sluiter.

The complaint was filed on behalf of 17 unnamed victims and alleges to set out evidence of crimes against humanity—including torture and murder—committed by Nigerian security forces against pro-Biafran protesters.

Ndubuisi Osuala, the coordinator of IPOB’s branch in the Netherlands—which he says numbers around 200 official members—says the group wishes to see Kanu released and Buhari prosecuted for overseeing crimes against Biafrans. “What every IPOB member, every Biafran citizen wants is the release of our great leader, Nnamdi Kanu, who is a freedom fighter,” says Osuala. “Secondly, we need the International Criminal Court to bring justice and equity to our case…[President Buhari] has to be prosecuted and face the justice for what he did.”

Osuala also says that his group wants independence for Biafra but is seeking it by peaceful means. “We need to get freedom by peace and that is why we are protesting,” he says. “We are not terrorists, we are not killing people.”

Buhari has previously refused calls for Kanu to be released, describing the activist—who is based in the U.K. and runs the underground media outlet Radio Biafra— as a flight risk.

Femi Adesina, a media advisor to Buhari, declined to comment on the ICC case and told Newsweek that while Kanu’s case was ongoing, the Nigerian presidency would rather not comment on the matter.

The ICC was not immediately available to confirm that the complaint had been filed. Once a complaint is filed at the ICC, the prosecutor can decide to open an investigation if there is a reasonable basis for believing that crimes against humanity have been committed. Nigeria is a signatory to the Rome Statute, upon which the ICC’s jurisdiction in based.

Biafrans across Europe storm EU parliament (photos)

– Members of the Indigenous people of Biafra (IPOB) across Europe stormed Brussels the capital of Belgium (the headquarters of the European Union parliament) venue for the European Union summit to protest the illegal detention of Nnamdi Kanu.
– The IPOB members came from Germany, Russia, Italy, Spain, Austria, Ukraine, Ireland, England, Sweden, Kosovo, Switzerland, Finland, Greece, Hungary and other countries in Europe.
– Nnamdi Kanu has been in the confinement of the Department of State Security Service since October, 2015.

Members of the Indigenous people of Biafra (IPOB) across Europe, on Thursday, January 28 stormed Brussels, the capital of Belgium (the headquarters of the European Union parliament) venue for the European Union summit to protest the illegal detention of their leader and director of radio Biafra, Mazi Nnamdi Kanu.

Members of the Indigenous people of Biafra (IPOB) across Europe, on Thursday 28 protested in Brussels, the capital of Belgium (the headquarters of the European Union parliament).

The Biafra Times reports that the members came from Germany, Russia, Italy, Spain, Austria, Ukraine, Ireland, England, Sweden, Kosovo, Switzerland, Finland, Greece, Hungary and other countries in Europe.
The IPOB in Europe assembled in Brussels, Belgium in-front of the European Union headquarters where President Muhammadu Buhari is expected to address the parliament.

Members of the Indigenous people of Biafra (IPOB) across Europe, demanding the release of their leader, Nnamdi Kanu at Brussels the capital of Belgium (the headquarters of the European Union parliament)

The IPOB members are protesting the illegal detention of their leader, Mazi Kanu who they said has committed no offense. They are demanding the unconditional release of Kanu and freedom for Biafra as an independent state.

Meanwhile, Kanu, has been in the confinement of the Department of State Security Service since October, 2015.

The IPOB leader has been arraigned before both Abuja chief magistrate court and Federal High courts on charges of belonging to an unlawful society, managing and coordinating the society and of recent for treasonable felony against the President of Nigeria from 2014 to date.

The IPOB protesters displaying Biafra flags.

Kanu was granted bail by the Justice of the Abuja High court, but the DSS had since refused to obey court orders and release Kanu. He had remained in detention in defilement of court orders since December 17, 2015.

Meanwhile, Justice John Tsoho of the Federal High court in Abuja, in his ruling today, January 29, denied the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu‎ bail pending his trial. Also in his ruling today, the court also denied bail to two other pro-Biafra agitators, Benjamin Madubugwu and David Nwawuisi, who are standing trial with Kanu.

Drama in Court as Nnamdi Kanu Rejects Own Lawyer

The leader of the Indigenous People of Biafra, Nnamdi Kanu, has asked that the lawyer who served as his lead counsel in previous sittings, M. U. Udechukwu, step down for Chucks Muoma.

Mr. Kanu wrote to the court, ahead of Friday’s sitting, asking that there should be a change in his representation.

Mr. Kanu is facing charges of treason. The court is to rule on his bail application today.

In the letter, read during a dramatic session, the judge, John Tsoho said he was asked to change Mr. Kanu’s lead counsel, because according to Mr. Kanu, the person who represented him in previous sittings was different from the person he had instructed.
When lawyers announced their appearances, Mr. Udechukwu told the court that he had been informed of the letter, saying he would immediately stand down for Mr. Muoma to continue the case.
But Mr. Muoma said he was surprised that Mr. Udechukwu had raised the issue so early.
He said he had told Mr. Udechukwu that there was a letter to that effect, but that he should first complete the bail application he was handling, before withdrawing.


In his reaction, Mr. Udechukwu insisted on handing over the case, because the letter said he had impersonated the lead counsel at previous hearings.
Mr. Udechukwu said impersonation, a serious offence, could affect his legal profession of almost 20 years.
He therefore prayed the court to record his apology for the said offence, and that the court should note that he was withdrawing from the case.

The judge, Mr. Tsoho, who had earlier hesitated to read the letter, regarding it as an issue that should be resolved by the counsels, asked to know the name of the particular counsel he would record for Mr. Kanu.
Mr. Muoma told the court that he and Mr. Ejiofor would take the place of the defendant’s counsel.
Mr. Udechukwu told the court that his withdrawal would affect the other counsels who came with him.

Charles Okah goes on hunger strike

Charles Okah embarked on a hunger strike to protest against harassment by officials of the Kuje prison

– The suspect threatened to file a suit demanding N5 billion damages from the federal government
– Okah’s counsel wrote a letter to Abdulraman Dambazau, the minister of interior

Charles Okah has embarked on a hunger strike to protest against harassment by officials of the Kuje prison.

The alleged mastermind of the 2010 Independence Day bombing in Abuja, Charles Okah, has embarked on a hunger strike to protest against harassment by officials of the Kuje prison.

The suspect has also threatened to file a suit demanding N5 billion damages from the federal government.
Premium Times reports that the threat was contained in a letter written by Okah’s counsel, Timi Okponipere, and addressed to Abdulraman Dambazau, the minister of interior.

“At the time of writing this letter, our client is as emaciated as a bean pole on account of the hunger strike he has embarked upon, to draw global attention to his plight.”

“Literarily and figuratively speaking, our client is virtually a dead man. If our client dies in prison custody, the entire world, particularly the Ijaw nation and the Niger Delta where our client hails from, shall rise in unison against President Muhammadu Buhari’s government, even as we concede the fact that, our client’s ordeal began during the tenure of former president Goodluck Jonathan, a fellow Ijaw,” the letter read in part.

The lawyer said that on January 6 some prison officials entered his client’s cell and carted away his books, journals and manuscripts, one of which contained Okah’s prison memoirs.

According to Okponipere, the invasion of his client’s cell was based on the orders of the head of the Kuje prison, Musa Tanko.

The lawyer revealed that another manuscript titled “Research Study: Security Lapses and Vice in Kuje Prison,” contained a detailed report exposing security lapses, illicit sex, indiscipline, corruption and other vices of prison warders.

“Our client was to submit the report to the honourable minister of interior, the national security adviser, as well as the director general of the State Security Service, before the unfortunate incident occurred.”

“Specifically, on January 10, when the honourable minister of interior visited the prison, in company of the director general of the State Security Service, our client approached the minister and conveyed his intention to forward a draft copy of the research study to his (minister) office for necessary action.
“Secondly Sir, following our client’s bold initiative to approach the minister of interior during his visit to the prison, our client has been kept in solitary confinement within the prison service since January 10, 2016 by Mr. Tanko and his officers, ostensibly as a punitive, vindictive and malicious measure, to force our client to back down from his avowed determination to expose the ongoing rot in the prison,” the lawyer further wrote.

Okponipere stressed that Tanko lacks the power to subject an inmate to another form of imprisonment without a court order. According to the lawyer, keeping his client in solitary confinement is arbitrary, illegal and an arrogant usurpation of the judicial function.

He also accused the prison authority of refusing to convey his client to the National Hospital in Abuja to keep a surgery appointment with doctors.

Okponipere called for an immediate return of all materials seized from his client and insisted on an immediate conveyance of Okah to the hospital.

In October 2015, the alleged mastermind of the Independance Day bombing caused a stare at the Federal High Court as he attempted to take his life.

Nigeria Would’ve Collapsed Had Officials Of My Govt Stole That Much As Alarmed – Jonathan

“Jonathan said the alle­gation was the same way somebody stated that $49.8 billion was missing, which he later said was $12 billion and later $20 billion, saying when the issue was raised by the German chancellor with him in a meeting, he told the foreign leader that if such amount of money was missing in Nigeria, the country would collapse”.

That was a quote from the Daily Sun Newspaper where it was said that the former President Goodluck Jonathan opined that Nigeria would have collapsed had officials of his government had stole that much as being peddled by some quarters.

Speaking in Geneva, Switzerland yesterday at a media interaction organised by the Geneva Press Club, Jonathan said as a former president, who laboured to build institutions, it will be out of place for him to do anything that would under­mine government and pro­cesses.

Account for N3 trillion, Rivers government tells Amaechi

– Rivers state government wants former governor, Amaechi to account for N3trillion

– Amaechi accused of leaving behind a backlog of unpaid salaries

– Tam-George asked Rivers people to be vigilant

The Rivers state government has asked the former governor of the state and current minister for transport, Rotimi Amaechi to account for what he did with over N3trillion he received throughout his eight years tenure.

Speaking on Thursday, January 28, during a press conference in Port Harcourt, Dr. Austin Tam-George, the state commissioner for information and communication said Amaechi left “a catastrophic legacy” as a governor, Daily Independent reports.

According to the government, the former governor Amaechi left behind a backlog of unpaid salaries of four months, eight months pension allowances and twelve months of teachers’ salaries unpaid.

Tam-George said: “Rivers state is still reeling from the catastrophic legacy of the Rotimi Amaechi years. Despite receiving over three trillion naira in revenue in 8 years, Amaechi left the most abandoned projects in the history of Rivers state since 1967.”

He therefore, called on the people of Rivers state to be vigilant against those who are determined to destroy the gains made so far by the Governor Nyesom Wike’s administration.

This comes on the heels of Wike’s victory at the Supreme Court. The apex court had on Wednesday upheld the election of Wike as the governor of the state. His victory was greeted with wild jubilation.
According to Wike his victory at the Supreme Court is a victory  for  the  rule of law and the people of Rivers state.

The state chairman of the PDP, Felix Obuah told members of the opposition All Progressives Congress that the door is opened for any of them to come into the state’s ruling party.

FG should release Dasuki, Kanu without delay —Falana

Human rights lawyer, Mr. Femi Falana (SAN)

Human rights lawyer, Femi Falana (SAN), in this interview with BAYO AKINLOYE, calls on the Economic and Financial Crimes Commission to release the embattled ex-National Security Adviser, Sambo Dasuki, and the leader of the Indigenous People of Biafra, Nnamdi Kanu, as ordered by the courts.

Has the President Muhammadu Buhari administration shown respect for the rule of law — considering the continued incarceration of Sambo Dasuki and Nnamdi Kanu?
You cannot judge the human rights record of the Buhari administration on the basis of the detention of a couple of criminal suspects. To the best of my knowledge, President Buhari has never ordered the military invasion of any community or illegal demolition of the homes of the poor. But having promised to end impunity, he has a duty to call every security agency to order whenever the rights of Nigerians are violated. Citizens can be rearrested as many times as possible if there is a reasonable suspicion that they have committed criminal offences. But once such suspects are charged and granted bail by a court of competent jurisdiction, the order should be obeyed. If the government is aggrieved or dissatisfied with the order releasing any criminal suspect on bail, it can challenge the order at the Court of Appeal. Honestly, I sympathise with the government.

What do you mean by saying that you sympathise with the government?
This is because a few members of the legal profession have consistently pampered the ruling class to manipulate the criminal justice system. It is so bad now that only the poor are railroaded to jail. It can be very frustrating that bail is generously granted by judges to those who commit the worst cases of armed robbery. Removing billions of dollars from the Central Bank of Nigeria with the aid of riot police and military personnel in the dead of night is the worst case of armed robbery ever witnessed in our country. In one of the robbery incidents, the sum of $322m was carted away from the vaults of the CBN, changed to N68bn and distributed to all manners of loafers. Even marabouts got as much as N4.7bn. One of them who admitted that he collected over N2bn was being hailed in the court premises by a rented crowd of jobless youths. In granting him bail, the judge ordered the Economic and Financial Crimes Commission not to arrest him in respect of another fraud of N8bn fraud. There is no serious government that will not be embarrassed by what has emerged as judicial cover for big-time crooks. Our judges are yet to appreciate that we are dealing with the worst form of corruption, which is ‘family corruption’. By which I mean the act of charging parents and children with stealing. It is the first time that a father and his children are sharing the same dock for allegedly looting the public treasury.

Are you suggesting that people standing trial for corruption should not be granted bail?
As far as I am concerned, it is illogical for a judge to grant bail to a man or woman who stole billions of naira meant for job creation only to turn round and refuse bail to a young man forced to engage in armed robbery due to unemployment. We are compelled to remind our judges that between 2003 and 2007, no politically-exposed person charged to court by the EFCC was granted bail in Nigeria. Go and check the record. A former governor, who was put on trial, was not granted bail. Even a former Inspector-General of Police was refused bail. But when the EFCC was taken over by powerful criminal elements in 2008 under President Umaru Yar’Adua, the law on bail was changed by our judges. Not only was a former Delta State Governor, James Ibori, admitted to bail by the Court of Appeal, their lordships ordered that his passport be released to him so that he could gallivant around the world. The court of appeal declared that his trial in Kaduna was illegal. As the judge in Benin was not going to play ball, a new court was established in Asaba. Before our very eyes, Justice Marcel Awokulehin, now retired, freed the accused and dismissed the 170-count filed against Ibori. But nemesis caught up with him in Dubai —from where he was deported to London — to the eternal shame of our country. I want to believe the government is worried that the law is being twisted, once again, to accommodate the criminality of the ruling class.

But you said the security agents were being overzealous.
Exercising his powers, the President set up the Arms Procurement Panel to probe the allegations of the criminal diversion of huge funds set aside for the purchase of arms and ammunition for the armed forces. Upon the receipt of the report of the panel, he directed that the suspects be arrested, confronted with the allegations of their involvement in the gargantuan criminality and charged to court. The EFCC has so far handled the investigation professionally. Remand orders were obtained from the courts to detain the suspects. In line with the section 293 of the Administration of Criminal Justice Act, the fat bank accounts of the criminal suspects were frozen on the orders of the court. These measures were in strict compliance with the tenets of the rule of law. I am only asking the government not to be distracted by some overzealous security officials by refusing to comply with a couple of court orders. Personally, I do not like some of the orders. But once they are made, the government is duty bound to obey them.

Some people accused you of having kept quiet for too long.
The fellows who say that are not serious. I am not a spokesperson for the rich. The rich have the resources to hire top lawyers to defend them. Since they can take care of themselves, it is not my business to make a case for them except when it has implications for the society. For close to two years, I have defended ‘pro bono publico’ an array of army officers and soldiers who were convicted, jailed or sentenced to death for asking for weapons to fight terrorists. More so, that is a case of monumental injustice. I advised the government to obey the order of Justice Adeniyi Ademola which had admitted Col. Sambo Dasuki (retd.) to bail. Mind you, when the residence of Dasuki in Abuja was searched by some officials of the Department of State Services sometime last July and President Buhari was accused of exhibiting dictatorial tendencies by the Peoples Democratic Party, I defended the action of the government. I said there was nothing dictatorial in the circumstance since a magistrate had issued and signed the warrant for the search.

Do you think the government will listen to your views on this matter of disobedience of court orders?
I remember an incident in which the late Chief Gani Fawehinmi (SAN) and I had to advise our clients to obey a court order. The Nigeria Labour Congress, under Comrade Adams Oshiomhole, had issued a strike notice over the removal of fuel subsidy. The government played a fast one by obtaining an ex parte order which Oshiomhole tagged a ‘black market injunction’. It took us several hours to persuade the labour leaders to suspend the strike. They took our advice reluctantly as they had mobilised the whole country for the action. We then proceeded to the court and vacated the order to pave the way for the strike. It is not a sign of weakness to comply with a court order. I have no cause to doubt the commitment of the government to consider my position on the matter. It is on record that government has taken some of my criticisms in good faith.

If your call on the government is ignored, what do you intend to do?
First, I had made a public statement on the matter. Apart from the statement, I had also met with relevant public officers over the matter. I was not in the country last December when the President had his maiden media chat. But I was informed that he defended the detention of Dasuki and Kanu. With respect, I disagree with that position. Hence, I advise the government to comply with the court orders or charge them to court.

Some have accused Buhari of being responsible for human rights abuse in the country. Do you agree?
I do not agree. We are dealing with institutionalised violations of human rights. It is part of the legacy of colonialism. Members of the neo-colonial ruling class have contempt for our people. Hence, in our police and military schools, human rights courses are not taught. From 1999-2015, our country witnessed horrendous violations of human rights and total disregard for court orders. Laws were also violated with impunity. There was a governor who once led armed thugs to demolish the houses of suspected kidnappers. I directed the attention of the governor to the bill signed by him which provides for death penalty. Instead of resorting to jungle justice, I advised him to allow the trial of such dangerous criminal suspects. When General Muhammadu Buhari, as a candidate of the All Progressives Congress, promised that he would fight corruption and end impunity, the majority of poor people decided to vote for him. The Federal Government has begun the fight against corruption but it has to be done within the ambit of the law. Otherwise, the government will play into the hands of criminal suspects. As corruption is already fighting back, the government has to ensure that those who looted the public treasury are tried in accordance with the law.

What do you advise the FG to do on Dasuki and Kanu?
Both Dasuki and Kanu were granted bail. (The Federal Government should) release them on bail or charge them to court without any further delay as one bail does not cover all criminal offences. In fact, Nnamdi Kanu was charged with treason. He said he did not want a particular judge to try him. Take him before another judge. I defended Henry Okah who was charged with treason under the Yar’Adua administration. He was tried in camera in Jos. He was refused bail. If the government has fears that Dasuki will run away, there are ways of dealing with the situation under the law. From the information at my disposal, the EFCC has other charges pending against him. Since this is not a security matter ‘stricto sensu’, let the Department of State Services stay away and stop embarrassing the government. The EFCC is competent to handle a clear case of unprecedented looting of the treasury. The rule of law requires that the infraction of the law by any criminal suspect be dealt with under the rule of law and not under the rule of man.

Aren’t you bothered that this government is authoritarian as alleged by some people?
No, I don’t agree with you. An authoritarian regime would not have taken Dasuki to court. He would have been held incommunicado until he has refunded all the funds allegedly stolen by him and his accomplices. During the military era, all the suspects would have been detained indefinitely under the State Security Detention of Persons Decree. Let us use words like Gestapo or dictatorship as loosely as it is being done by Governor Ayo Fayose (of Ekiti State). This is not an authoritarian rule but a democratic dispensation. Hence, we should rise up against the contraventions of human rights law by fighting impunity whenever it rears its ugly head.