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Mamu detention: Causes prison congestion, human rights violation — HURIWA

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…says swift prosecution guarantees justice, restores faith in the country

By Ogaga Ariemu

Civil rights advocacy group, Human Rights Writers Association of Nigeria(HURIWA), on Wednesday, has criticised the recent permission granted by a Federal High Court in Abuja to the Department of State Services(DSS) to detain the former terrorists’ negotiator, Tukur Mamu, for 60 more days.

HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko in a statement released to NewsDirect Newspaper, described as unnecessary the detention order secured by the secret police, adding that the DSS does not need more time to investigate the ally of controversial Islamic cleric, Sheikh Ahmad Gumi after obtaining “incriminating materials” from his home and offices and even swore to affidavits before the Federal High Court adducing what it believe are incontrovertible evidence.

“Why does the DSS needs eternity to charge an accused person before the competent court rather than first embark on running commentaries in the media, then go to court with exparte application which does not guarantee fairness just to get the court to allow it detain the accused person for as long as the agency desires?

“HURIWA demand swift prosecution of Mamu, and all accused persons noting that he should not be added to the overwhelming list of detainees yet to be prosecuted for years. The rights group said prison congestion is the clearest sign of a failed justice administration in any nation.

“Mamu, who was on his way to Saudi Arabia for lesser Hajj, was recently detained at Cairo International Airport before being repatriated back to Nigeria. He was one of those leading the negotiation with the terrorists for the release of the Abuja-Kaduna train passengers kidnapped in March this year,” he stated.

Earlier the DSS accused Mamu of being a member of an international terrorist network who used the cover of journalism to perpetrate crime.

“During the processes, incriminating materials including military accouterments were recovered.

“Other items include large amounts in different currencies and denominations, as well as financial transaction instruments. While further investigations continue, Mamu will, sure, have a day in court,” DSS Spokesman, Peter Afunanya, also said in a statement after a raid on his residence and office.

Reacting to DSS’s statement, HURIWA said,  “In July 2021, the Minister of Interor, Rauf Aregbesola, said the custodial centres in the country are overstretched. The Minister said “50,992 inmates, representing 74 per cent of the total population of inmates in our custodial centres, are awaiting-trial inmates” show that the courts are in bed with a corrupt, power hungry executive arm of government whilst security agencies actively violate fundamental human rights of the citizens through subterfuge, and through unlawful means.

“If DSS has sufficient material evidence to swear affidavits before the Court on who this accused person is and where he was going, why does it need another 60 days to investigate to an extent that the judge asked them to consider coming back for more pre-litigation detention time as if Nigeria is now Guantanamo bay off Cuba Island whereby the Constitutional and fundamental human rights of detainees matters little?

“Did the DSS not disclosed that evidence they have on this person Tukur Mamu was “incriminating”? Why take 60 more days searching for more much ‘minblogging’ additional evidence? The UN recently carpeted the Court in Nigeria for keeping NNAMDI KANU almost ad infinitum whereas the prosecutors kept amending charges. The United Nations made far reaching ruling demanding immediate freedom for Nnamdi Kanu but both President Muhammadu Buhari, the Federal Attorney General and Minister of Justice, the Federal High Court and the Department of State Services have continuously ignored this landmark decision by the United Nations. How is Nigeria a constitutional democracy when citizens languish in underground dungeons and cells for indeterminate periods of time and then the Federal Government continues to drag the matter in court for as long as the government wants and apparently the court system is in bed with the executive arm of government to abuse the fundamental human rights of citizens?”

“The heads of Courts in Nigeria must take the lead to stop their judges from keeping accused persons behind bars for long even when section 36(5) of the Constitution obliges the Court to give fair hearing. This peculiar pre-trial detention of accused persons simply paints Nigeria graphically as a failed state and as a primitive society whereby MIGHT IS RIGHT and where those who manage to gain political office use such privileges in pursuit of absolute power which corrupts absolutely.

Nigeria is a Constitutional democracy and fundamental liberty of the citizens makes the rule of law the hallmark of our sovereignty.  There is no logical reason for the court of law to assist the armed security forces to adopt backhand tactics to detain accused persons when  the grund norm states that accused persons are innocent before the law until a contrary determination is reached by a court of law and fair hearing is guaranteed when the accused persons are not unduly demonised using media propaganda by security forces and then proceed to the court to obtain exparte orders to detain citizens for as long as the security agency desires thereby rubbishing the Universal Declaration of Human,  the African Charter on Human and Peoples Rights,  International Covenant on Civil and Political Rights and a plethora of international human rights laws signed on to by Nigeria and domesticated as national, municipal and local statutes and laws.”

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Nigeria, France to tackle illegal migration, human trafficking

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France has expressed its commitment to strengthen existing relations with Nigeria, especially in tackling illegal migration and human trafficking.

France Ambassador in charge of Migration at the Ministry for Europe and Foreign Affairs, Mr Christophe Leonzi, made this known when he paid a courtesy visit to the Minister of Interior, Dr Olubunmi Tunji-Ojo, on Monday in Abuja.

“We will like to establish more regular dialogue between Nigeria and France, and the two ministries especially in area of illegal migration and how to tackle it headlong.

“Another area that calls for worry is in the area of human trafficking.

“It will be of immense benefit to both countries if we can cooperate more efficiently in different aspects to stem the tide,” the envoy added.

He said, though the two countries have been cooperating in that area, there was need to delve more into the already existing cooperation.

“Nigeria is a strong partner in this regard, no doubt,” Leonzi said, adding that the cooperation should be reinforced in the area of border security and management.

“If the borders are not porous and the necessary cutting-edge technology, aside human presence, are in place, no doubt it will go a long way to tackle the ugly trend to a reasonable level.

“A good border management brings about certain level of security of a country but a porus border usually brings about vulnerability of a country, especially in terms of security of that country,“ the envoy added.

In his remarks, Tunji-Ojo, said Nigeria would continue to strengthen its relations with France, to make it better and stronger.

“The stronger the relationship the better it is for both countries,” the minister said.

He said that development cooperation between the two countries have been extremely helpful to Nigeria over the years.

“In terms of meeting our goals, targets and of course taking us from where we were to where we are now, I believe that more of this programme will take us to where we actually want to be.

“Regular meetings and visits of this nature are very important for both countries, because when you do not share problems, when you do not talk to share problems, solutions will always be a mirage.

“For instance long before now, Nigerians going to Italy was a big problem, but today, I know building on our interactions, is a different ball game altogether and it will be difficult for any irregular immigrant from Nigeria to stay in Italy.

“This is because if we get you and we identify you, our immigration officer stationed solely in Italy for that purpose would ensure that bringing that person back becomes easier.

“I think in UK too, just two weeks ago, our team just came back from there for our biannual meeting that is of mutual benefit to both countries, especially in the area of irregular migration.

“With this development, we are beginning to see change of status in terms of illegal migration between the two countries.

“So, I align myself 100 per cent with your proposal, I think it’s one that will help us to be more proactive than being reactive.“

The minister added that the major problem the country had over the years, was the government being reactive when it comes to the issue of illegal migration, instead of being proactive.

“So, it means the more we invest our energy on being proactive, the better it is for us,“he said.

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Alia presents 6 SUVs to Judiciary

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Gov. Hyacinth Alia of Benue on Monday, presented six Sport Utility Vehicles (SUVs) to the State Judiciary.
Presenting the vehicles, the governor, said his administration has resolved to make the welfare of the judiciary staff a top priority for improved service delivery.
Alia commended the Judiciary for their services, urging them to do more to ensure that law and order are strictly maintained in the State.
Represented by the State Attorney General and Commissioner for Justice and Public Order, Fidelis Mnyim, Alia urged the Judiciary staff to put the vehicles to good use for the benefit of the State.
He said four of the cars are for the State High Court Judges, while two are for the Judges of the Customary Court of Appeal.
Speaking in his capacity as the Attorney General and Commissioner for Justice and Public Order, Mnyim commended the governor for promoting the rule of law in the state.
He also commended Alia for  granting autonomy to the judiciary for optimal performance.
Mnyim said the ministry took delivery of the vehicles and a  date would be communicated for the presentation of the vehicles to the Judges.
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Alleged $9.6bn P&ID scam: Court adjourns suit against fleeing Briton, coys for judgment

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A Federal High Court, Abuja, on Monday, adjourned two separate money laundering suits filed by the Economic and Financial Crimes Commission (EFCC) against British national, James Nolan, and two other companies for judgment.

Justice Donatus Okorowo adjourned the suits for judgment after counsel for the EFCC, Bala Sanga, and the defence lawyer, Michael Ajara, adopted their final written addresses and made their submissions in the matters.

In his argument, Ajara prayed the court to dismiss the two suit for lack of jurisdiction.

The.lawyer insisted that the court lacked jurisdiction because the charges were defective.

Besides, he said all the evidence brought forward by the anti-graft agency, through its witnesses, were hearsay.

But Sanga disagreed with Ajara

The EFCC lawyer argued that under Section 220 of Administration of Criminal Justice Act (ACJA), 2015, the irregularity of a charge does not affect the jurisdiction of the court and neither does it affect the validity of the charge.

He added that Ajara’s objection was belated as this should have been raised during arraignment.

Sanga equally argued that the matter cannot be caught up by hearsay rules because documents obtained by the prosecution’s investigating officers were visible in evidence.

He submitted that knowledge derived from day-to-day work are not hearsay.

The lawyer prayed the court to convict the defendants and order the forfeiture of the companies’ assets to the Federal Government.

After proceedings that lasted till Monday evening, Justice Okorowo adjourned the matters for judgment

The judge said that the judgment date would be communicated to parties in the suits.

The News Agency of Nigeria (NAN) reports that the court had, on April 14, fixed today for adoption of the final addresses after Nolan, who jumped bail and fled Nigeria in the alleged 9.6 billion dollars Process and Industrial Development (P&ID) Ltd scandal, opened his defence in absentia without calling any witness.

Ajara had told the judge that he did not intend to call any witness upon resumed hearing.

He said after his evaluation of the EFCC’s evidence, he would rely on the case of the prosecution and Sanga did not object, upon which the matter was fixed for adoption of written addresses.

NAN reports that the EFCC is prosecuting Trinity Biotech Nigeria Limited and Nolan in the charged marked: FHC/ABJ/CR/272/2022 as 1st and 2nd defendants in the case.

Also, the commission is also prosecuting the sister case marked: FHC/ABJ/CR/273/2022 filed against Resorts Express Concept Nigeria Ltd, another company, and Corrado Fantoli as 1st and 2nd defendants respectively before Okorowo.

Fantoli, also a foreigner and an associate of Nolan, was one of the suspects behind the alleged $9.6 billion P&ID fraud.

The suspect, said to be at large, alongside the company, was arraigned in absentia on Nov. 25, 2022, on eight-count money laundering charge.

He was not present in court or represented by a lawyer when they were arraigned.

The court also declared him wanted and ordered for his arrest anywhere he is sighted after Sanga made application to the effect.

Fantoli and Giovanna Beccarelli, who had also been declared wanted and an arrest warrant issued against her, were said to be directors and signatories to the company’s Guaranty Trust Bank account number: 0123849451.

Resorts Express Concept Nigeria Ltd and Trinity Biotech Nigeria Limited are two of the over 30 companies associated with the $9.6 billion scam.

NAN reports that other cases linked to the scandal are currently before Justice Obiora Egwuatu, Justice Zainab Abubakar of FHC, Abuja, besides other charges at FCT High Courts.

In addition the anti-graft agency was also prosecuting some of the companies and Nolan before Justice Ahmed Mohammed before he was elevated to the Appeal Court.

A Business and Property Court in London presided over by Justice Robin Knowles of the Commercial Courts of England and Wales had, in October, quashed the 11 billion dollars awarded against Nigeria in a case filed by the P&ID.

Judge Knowles held that the award was obtained by fraud and that what had happened in the case was contrary to public policy.

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