Mr. Abubakar Malami, SAN
Attorney General of the Federation And Minister for
Justice
Office of the AGF, Federal Ministry of Justice
Federal Secretariat Complex, Shehu Shagari Way
Central Area, FCT, Abuja, Nigeria
Dear AGF,
Nigerian Constitution Still Wails At 56: Exposing
Unconstitutional And Long Detention Without Trial By DSS Of Nigerian Citizens
Including Comrade Chidiebere Onwudiwe And Other Unarmed IPOB Activists
(Onitsha Nigeria, 2nd of October 2016)-It is with deepest dismay that the leadership of International Society for Civil Liberties
and the Rule of Law: INTERSOCIETY write your public office through this
public or open letter to inform you and other Nigerians and international
watchers that the 1999 Constitution and the Rule of Law under your watch as “the
Law Officer of the Federation” are gravely threatened, undermined, disrespected
and battered particularly by the authorities of the Department of the State
Security (DSS).
It saddens us,
too, that the Nigerian Constitution,
presently known as the 1999
Constitution, is still wailing after 56 years of its existence. As a
responsible advocate of human rights, rule of law and constitutionalism in
Nigeria, we stand condemned divinely, earthly, humanly and conscientiously if
we watch idly and see the 1999 Constitution and the Rule of Law being systematically ridiculed, battered and
bastardized with reckless
abandon by the authorities of the DSS and other lawless security agencies in
Nigeria.
As you may know,
Dear AGF, we are fully aware of the state of criminal justice in Nigeria and
its midwifery by the Constitution of the Federal Republic of Nigeria 1999, as
amended in 2011, otherwise called “the 1999 Constitution”. Our writing you and
your public office as “the Attorney General of the Federation” is not to ask
for a favour, but to clearly and unambiguously remind you of your
constitutional and statutory powers and duties as Nigeria’s Attorney General
and task you to exercise the powers and perform the duties which the 1999
Constitution mandatorily direct you to do.
For the
avoidance of doubt, Dear AGF, Section 150 (1) of the 1999 Constitution clearly
provides as follows: there shall be an
Attorney General of the Federation who shall be the Chief Law Officer of the Federation
and a Minister of the Government of the Federation.
Further Sir,
Section 174(1) of the 1999 Constitution directs that: the Attorney General of the Federation shall have power:
(a) To institute and undertake
criminal proceedings against any person before any court of law in Nigeria,
other than a court martial, in respect of any offence created by or under any
Act of the National Assembly;
(b) To take over and continue
any such criminal proceedings that may have been instituted by any other
authority or person (i.e. DSS); and
(c) To discontinue at any stage
before judgment is delivered any such criminal proceedings instituted by him or
any other authority or person.
Section 174 (2)
further directs that: the powers
conferred upon the Attorney General of the Federation under subsection (1) of
this section may be exercised by him in person or through officers of his
department.
Section 174 (3)
also states: In exercising his powers
under this section, the Attorney General of the Federation shall have
regard to the public interest, the interest of justice and the need to
prevent abuse of legal process.
Our writing your
public office therefore, is formidably predicated on the foregoing. This
letter, too, comes on the heels of the 56th Independence Anniversary
of the Federal Republic of Nigeria, which is one of the most important periods
in the history of the country. The referenced Anniversary should also be a
stock-taking by Nigeria’s present political leaders particularly as it concerns
cessation or stoppage of regime atrocities against the citizens such as the one
warranting this letter.
To make the
matter worse, Dear AGF, the constitutionalism and the rule of law being
battered and bastardized with reckless abandon by the DSS and other lawless
security agencies today are the foundation upon which Nigeria as an independent
country was laid on 1st October 1960. As it was boldly written in
the Independence Constitution of 1960, so it is in the present 1999
Constitution where its Preamble sacredly holds that “the Federal Republic of
Nigeria is founded for the purpose of promoting the good government and welfare
of all persons on the Principles of Freedom, Equality and Justice; and for the
purpose of consolidating the unity of all Nigerians”.
Specific Reasons For Writing Your Public Office: Your public office may be aware that the Nigerian security forces
particularly the Nigerian Army, the Nigeria Police Force and the DSS had since
August 2015 launched a widespread violent crackdown on nonviolent and unarmed
Pro Biafra activists particularly members and supporters of the Indigenous
People of Biafra (IPOB) leading to the death of as much as 250 of them and
wounding of over 300 others. Over 100 of them are still languishing in various
security prisons and detention facilities across the Southeast and the
South-south of Nigeria under “committal proceedings” or “Holden Charge”. Dozens
of others have also gone missing or disappeared. Scores have been killed in
detention; while 4.8 out of every 5 Pro Biafra activists arrested by the DSS,
the Army and the Police are gravely tortured.
The massacre of
as much as 250 Pro Biafra activists particularly IPOB members took place in
eight different locations in the Southeast and the South-south of Nigeria. Two
most horrible of the massacre was carried out in Aba, Abia State on 9th
of February 2016 when the security forces forced their way into a perimeter
fenced public secondary school compound where IPOB activists were singing and
praying and opened fire on them, killing
at least 22 and injuring over 30 others. The second most horrible, which is
also most bloody of all took place at Nkpor in Anambra State and Asaba in Delta
State on 30th of May 2016 during which as much as 140 Pro Biafra
activists and other members of the public who converged to mark their heroes
day were massacred; with over 130 others terminally shot and injured. Pieces of
evidence abound.
As if that was
not enough, the security forces particularly the DSS have gone further to clamp
down surviving IPOB activists in Nigeria leading to indiscriminate raiding of
their homes and sleeping abodes particularly in the dead of the night or hours
of the blue law. Those abducted in their sleep by DSS are detained
incommunicado for months without trial. Because the DSS finds nothing
incriminating on them on account of their group’s nonviolence stance, the
authorities of the DSS are strongly
believed to routinely torture them to self-criminate themselves of being
“terrorists”; a stigma DSS uses to hunt and abduct them.
Some of those
abducted are shot and wounded at sight before they are taken away and detained
incommunicado for months without trial. Recently, a list of wanted IPOB
activists compiled by the DSS in Abuja was leaked to the media; containing 45
IPOB activists and their wives who reside locally and internationally. For
instance, the nursing mother and wife of detained IPOB leader, Mrs Uchechi Kanu
was among those in the DSS wanted list. The link below contains the referenced
wanted list: http://www.igberetvnews.com/67487.
http://www.otimestv.com/2016/09/shocking-sss-releases-list-of-wanted.html.
IPOB Activists Being Held Without Trial: (1) Comrade Chidiebere Onwudiwe: A
Mechanical Engineer by training, he is the National Coordinator of IPOB in
Nigeria. He was arrested in his sleep by DSS operatives in the late night of
22nd of June 2016, in Rumukurushi area of Port Harcourt, Rivers State in
South-south Nigeria. Comrade Chidiebere Onwudiwe has been held incommunicado
and denied access to his family and lawyers till date; a period of 100 days. On
30th of July 2016, the authorities of DSS issued a public statement,
labeling him “a terrorist”; claiming that “he was arrested while planning to
bomb Computer Village in Lagos”; a claim strongly resisted by human rights
groups and the media. Mr. Chidiebere Onwudiwe is not only unarmed and
nonviolent, but he is also well known to local and international human rights
groups and media as well as members of the diplomatic community. Till date, the
authorities of the DSS have neither granted him administrative bail nor charged
to court. It is most likely he is undergoing intense torture to self-implicate
himself and admit being “a terrorist” as he was so labeled. The link below
contains the DSS statement declaring him “a terrorist”: http://www.sirkenayo.com/dss-uncovers-plans-by-ipob-members-others-to-bomb-computer-village-lagos-attack-worship-centres-parks/
(2) Comrade Justice O. Udeh: An IPOB
official in Aba, Abia State, Southeast Nigeria. He was abducted in his sleep by
the DSS operatives in the late night of 13th of July 2016 in a place
he had gone to pass a night near Port Harcourt in Rivers State. He has been
held incommunicado and denied access to his family and lawyers since then; a
period of 80 days. He is strongly believed to be undergoing intense torture to
force him admit falsely of being a “terrorist”. Till date, over 80days in DSS
custody; he has neither been charged to court nor granted administrative bail.
(3) Comrade Sunday Chuks Obasi: An IPOB
official in Nnewi, Anambra State, Southeast Nigeria and coordinator of the
Nnewi-Ichi IPOB Unit; he was abducted in his sleep by DSS in the late night of
16th of August 2016 in his Amuwo-Nnewi residence, after he was
trailed from Port Harcourt in Rivers State. He was shot at his two legs before
being abducted by the DSS operatives. He has been held incommunicado and denied
access to his family and lawyers till date, a period of 46 days; he has
remained in the DSS custody without trial/charge or administrative bail. His
gunshot wounds and general health conditions have also remained sketchy till
date.
(4) Comrade
Ikechukwu Ugwuoha: He is the Abia
State Coordinator of IPOB and was arrested barely over two weeks after he,
alongside 19 other IPOB members including six married women were released from
the Aba Prisons on 11th of August 2016 after remanded for over five
months for their involvement in the 9th of February 2016 prayer
rallies in the Premises of the National High School, Aba, during which soldiers
stormed the venue and opened fire, killing 22 of them. Comrade Ugwuoha,
alongside four others was trailed from Gwagwalada area of Abuja by DSS where
they had gone to see the detained leader of IPOB, Mr. Nnamdi Kanu at Kuje
Prison.
Their commercial
bus was trailed to Ugba Junction near Aba in Abia State and ambushed at about
7.30am on 26th of August 2016 by the operatives of the DSS,
supported by soldiers and police. Comrade Ugwuoha, alongside four others, was
moved to the temporary headquarters of the 144 Battalion of the Nigerian Army
and tortured for hours before they were taken to the Umuahia Directorate of the
DSS; from where they were moved to the Abuja Headquarters of the DSS and
detained incommunicado till date. He has been held for 36 days without trial or
administrative bail.
(5) Comrade Ugochukwu Asochukwu: He was
arrested alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th
of August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
(6) Comrade Sunday J. Okafor: He was
arrested alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th
of August 2016 and held incommunicado without trial or administrative bail; a period
of 36 days.
(7) Comrade Ekene Onuoha: He was arrested
alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th
of August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
(8) Comrade Joseph Okorie: He was arrested
alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th
of August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
Other names
contained in the DSS list of wanted IPOB activists are: Sunday Onyekachi,
Ogechukwu Obiorah, Ann Okafor, Amaechi Sunday Kanu (Sheffield, UK), Dickson
Ekene, Ndidi Ojukwu, Emma Powerful, Emma Nmezu, Uchechi Kanu (London, UK:
Nnamdi Kanu’s wife and nursing mother), Sidney Okoli (Mollorca, Spaiin), Andy
Obeche, Ifriam Ezeiwu, Chukwuemeka Mfon,
Ikenna Sunday Egono, Chijioke Ekwueme, Godwin Osinachi, Udoka Amarachi
(Dortmund, Germany), Uche Martin Doludo, Nduka Enuma, Ambrose Ero and Clifford
Mbamere.
Others are: Andy Obina Okafor,
Stephen Oko (Uk), Onyeka Joseph, Eric, Dike Benson, Uche Emmanuel Uche, Udoka
Okechukwu David, Martins (Austria), Michael Chidi Okafor, Daniel Ifeanyi (USA),
Roland Abumere, Kenneth Uche Opara, Emenike Anyanwu, Obinwanne Markson
Chukwujekwu, Chukwu I Ojiugo, Ezinwanne Mba, Jeff Amechi, etc. The link to the
DSS list of wanted IPOB members is contained here: http://www.otimestv.com/2016/09/shocking-sss-releases-list-of-wanted.html#more.
As we write, the
authorities of the DSS have refused to communicate the families and lawyers of
the detained citizens as it concerns offences under which they are being held
without trial or put them on notice of any court process undertaken. As a
matter of fact, none of the detained citizens has been arraigned or put on
trial till date. No records of court remands have been traced to any court in
Nigeria.
Dear AGF, by the
combined provisions of Sections 150 and 174 of the Constitution of the Federal
Republic of Nigeria 1999, as amended in 2011, you are not only “the Chief Law
Officer of the Federation”, but also “the Chief Prosecuting Officer of the
Federation”. That is to say that it is your duty, mandatorily and
constitutionally, to ensure that “all officers of the law” in Nigeria are
compelled at all times in accordance with the provisions of the 1999
Constitution to conform to, observe, apply and obey the provisions of the 1999
Constitution in the course of processing citizens taken into custody on
suspicion of committing criminal offences. This is more so when the
Constitution in its Section 174 (3) firmly directs you to “prevent abuse of
legal process” and give due regard to public interest and interest of justice
in the course of carrying out your duties and exercising your constitutional
powers.
As you are aware
Sir, Section 3 of Nigeria’s Criminal
Code Act of 2004 clearly
provides for three categories of offense in Nigeria. They are: felony,
misdemeanour and simple offences. The Criminal Code Act further defines
felony as any offence which is declared by law to be a felony, or is
punishable, without proof of previous conviction, with death or with
imprisonment for three years or more.
On the other
hands, Misdemeanour offences attract judicial punishment of maximum of three
years imprisonment or less; and Simple offences such as strict and statutory
liability offences attract a maximum of six months imprisonment or less. In
other words, crimes in Nigeria are categorized according to their sentencing
categories.
As you are further aware Sir, for a crime or an offense (i.e. felony and misdemeanor) to be
alleged to have been committed by a citizen in any part of the world including
Nigeria, there must be alleged guilty act (actus reus) and alleged guilty
mind (mens rea). Also for an offense to be truly called offense
or a crime truly called crime; there must be presence of seven
elements of crime: harm, legality, actus reus, mens rea, causation, concurrence
and punishment. For an act or omission to be called a
crime or an offense, there must be concurrence and concordance of actus
reus and mens rea. In other words, where there is criminal intention (mens rea) without
criminal
act (actus reus), an offense has not been committed; except in strict
and statutory liability offenses such as traffic offenses; where
only guilty
act (actus rea) is judicially required to secure conviction or
sanction.
By Section 36
(8) of the 1999 Constitution: no person
shall be held to be guilty of an offence on account of any act or omission that
did not, at the time it took place, constitute such an offence, and no penalty shall
be imposed for any criminal offence heavier than the penalty in force at the
time the offence was committed.
By Section 36
(12) of the same Constitution: subject
as otherwise provided by this Constitution, a person shall not be convicted of
a criminal offence unless that offence is defined and penalty therefore is prescribed in a written law, such as an Act of the
National Assembly or a Law of a State.
Section 42 of the 1999 Constitution (right to freedom
from discrimination) expressly and inexcusably forbids
your public office and subordinate processors (i.e. Police and DSS) of accused,
arrested and detained citizens in Nigeria (i.e. detained IPOB activists) from
processing or detaining their captives on grounds of their ethnic group, place
of origin, religion, sex, class or political opinion.
Very importantly
Sir, the Constitution of the Federal Republic of Nigeria 1999, as amended in
2011 is supreme and above all other
laws, authorities and persons. It is also the general overseer of all other laws in the country. The
inferiority of all other laws in Nigeria
to the 1999 Constitution is expressly contained in Section 315 of the 1999
Constitution, which clearly directs as follows: subject to the provisions of this Constitution, an existing law
(i.e. an Act of the National Assembly, a Law of a State, a Decree, or an Edith)
shall have effect with such modifications as may be necessary to bring it into
conformity with the provisions of this Constitution.
The supremacy of the 1999 Constitution over
all other laws, authorities and persons is expressly contained in its Section 1
(1), which provides as follows: this
Constitution is supreme and its
provisions shall have binding force on all authorities and persons throughout
the Federal Republic of Nigeria. The Constitution further directs in its
Section 1 (3) that if any other law is
inconsistent with the provisions of the Constitution, this Constitution shall
prevail, and that other law shall to extent of the inconsistency be void.
Honourable AGF
Sir, it plainly follows that (1) where an Act of National Assembly rises in
conflict with provisions of the 1999 Constitution, the 1999 Constitution
expressly prevails and the said Act fails woefully; (2) where an existing
military decree rises in conflict with an Act of the National Assembly and the
1999 Constitution, the former fails woefully on two fronts; and where a Law of
a State or an Edith rises in conflict with an Act of the National Assembly and
the 1999 Constitution, the former fails woefully on two fronts as well.
For the
avoidance of doubt Sir, Section 4 (5) of the 1999 Constitution expressly holds
as follows: if any Law enacted by the
House of Assembly of a State is inconsistent with any law validly made by the
National Assembly, the law made by the National Assembly shall prevail and that
other Law shall to the extent of the inconsistency be void. In the area of decided cases, it is not different. For
instance, in the Supreme Court of Nigeria’s landmark verdict in: Abacha and Others v Fawehinmi
(2001) AHRLR 172 (NgSC 2000); it
was declared that “the African Charter
on Human & Peoples Rights (ACHPR) is superior to any ordinary legislation in Nigeria, but subject to
the 1999 Constitution”.
From the above
extensive constitutional and statutory citations Sir, it is elementarily clear
that Nigeria’s body of laws contain clear procedures and processes within
modern democratic practices for processing citizens accused of committing
crimes of whatever category; yet those charged with the application of these
laws have chosen to observe them in breach with reckless abandon and under your
watch; to the extent that the hallowed supremacy of the Constitution has been
grossly undermined and torn to shreds by the authorities of the DSS with your
public office watching and doing nothing.As it is expressly observed from the
above citations, the Nigeria’s body of criminal laws totally forbid trumped charges or accusations or
trial-by-ordeal; yet the authorities of the DSS are applying them with
reckless abandon particularly in the instant case.
By Nigeria’s
body of criminal laws and the 1999 Constitution, citizens accused, arrested and
detained on suspicion of committing misdemeanours shall not be detained for
more than 48hrs without trial and those accused, arrested and detained on
suspicion of committing offences (i.e. treason, treasonable felony, terrorism,
asportation (“kidnapping”), armed robbery, etc) involving grievous punishments
(i.e. death penalty, life imprisonment or 14yrs imprisonment and above) shall
not be detained without trial or court bail for more than 60days.
If they are
accused, arrested and detained without trial for 90days, the Constitution
directs for their discharge on assumption that “they have no case to answer or
that the State has no indictable evidence to try then”. The long period of
detention in the latter instance is designed to give criminal investigators
enough time considering the gravity of the offences alleged to have been
committed; provided such detention is sanctioned by a law court with
exhaustible period of time.
For the
avoidance of doubt Sir, Section 35 (4) (a) (b) of the 1999
Constitution (right to personal liberty); clearly states as follows: any person who is arrested or detained in accordance
with sub section 1 (c) of this section shall be brought before a court within a
reasonable time, and if he is not tried within a period of:
(a) two months from the date of his arrest or
detention in the case of a person who is in custody or is not entitled to bail;
(b) three months from the date of his
arrest or detention in the case of a person who has been released on bail, he
shall (without prejudice to any other further proceedings that may be brought
against him) be released either unconditionally or upon such conditions as are
reasonably necessary to ensure that he appears for trial at a later date”.
The
literal meaning of the above is that no citizen shall be held or detained by
any policing or securitization agency in Nigeria continuously for 60days
without charge or trial or bail; and if such citizen is granted bail, but not
tried within 90days, he or she shall be discharged of the accusation.
Further Sir,
Sections 293, 294, 295 and 296 of the Administration of the Criminal Justice
Act, 2015, are our further guide in the instant case. Your attention is
drawn to its Detention Limits of Arrested Citizens in Part 30.
Section 293 (1) provides as follows: A suspect arrested for an offence which
a Magistrate Court has no jurisdiction to try shall within a reasonable time of
arrest be brought before a Magistrate Court for remand.
Section 293
(2): An application for remand under this section shall be made ex parte and
shall:
(a) Be made in the prescribed
“Report and Request for Remand Form”, as contained in Form 8, in the First
Schedule to this Act; and
(b) Be verified on oath and
contain reasons for the remand request.
Section 294 (1): Where the Court, after examining the reason and for the request for
remand in accordance with the provisions of Section 293 of this Act, is
satisfied that there is probable cause to remand the suspect pending the
receipt of a copy of legal advice from the Attorney General of the Federation
and arraignment of the suspect before the appropriate Court, as the case may
be, may remand the suspect in custody.
Section 294(2): In considering whether “probable cause” has been established for the
remand of a suspect pursuant to subsection (1) of this section, the Court may
take into consideration the following:
(a) The nature and seriousness
of the alleged offence;
(b) Reasonable grounds to
suspect that the suspect has been involved in the commission of the alleged
offence;
(c) Reasonable grounds for
believing that the suspect may abscond or commit further offence where he is
not committed to custody; and
(d) Any other circumstance of
the case that justifies the request for remand.
Section 295: The Court may, in considering an application for remand brought under
Section 293 of this Act, grant bail to the suspect brought before it, taking
into consideration the provisions of Sections 158 to 188 of this Act relating
to bail.
Section 296(1): Where an order of the remand of a suspect is made pursuant to Section
293 of this Act, the order shall be for a period not exceeding fourteen days in
the first instance, and the case shall be returnable within the same period.
Section 296 (2): Where, on application in writing, good cause is shown why there should
be an extension of the remand period, the Court may make an order for further
remand of the suspect for a period not exceeding fourteen days and make
proceedings returnable within the same period.
Section 296 (3): Where the suspect is still in custody on remand at the expiration of
the period provided for under subsection (1) or (2) of this section, the Court may, on
application of the suspect, grant bail in accordance with the provisions of
Sections 158 to 188 of this Act relating to bail.
Section 296 (4): At the expiration of remand order made pursuant to subsection (1) or
(2) of this section, and where the suspect is still remanded with his trial
having not commenced, or charge having not been filed at the relevant court
having jurisdiction, the court shall issue a hearing notice:
(a)
The Inspector General of Police (IGP) and the Attorney General of
the Federation (AGF); or
(b)
The Commissioner of Police of a State (CP) or of that of FCT or the
AGF as case may be; or
(c)
Any relevant authority in whose custody the suspect is or at whose
instance the suspect is remanded, and adjourn the matter within a period not
exceeding fourteen days of the expiration of the period of the remand order
made under subsection (1) or (2) of this section, to enquire as to the position
of the case and for the IGP or the CP and the AGF to show cause why the suspect
remanded should not be unconditionally released.
Section 296 (5): Where the IGP or the CP and the AGF show good cause pursuant to
subsection (4) of this Section and make a request to that effect, the Court:
(a)
May extend the remand of the suspect for a final period not
exceeding fourteen days for the suspect to be arraigned for trial before an
appropriate court; and
(b)
Shall make the case returnable within the said period of fourteen
days from the date the hearing notice was issued pursuant to subsection (4) of
this section.
Section 296 (6): Where good cause is not shown for the continued remand of the suspect
pursuant to subsection (4) of this section, or where the suspect is still on
remand custody after the expiration of the extended period under subsection
(5), the Court shall, with or without an application to that effect,
forthwith discharge the suspect and the suspect shall be immediately released
from custody.
Section 296 (7): No further application for remand shall be entertained by any court
after the proceeding in subsection (6) of this section.
Sir, the literal
meaning of the above is that no citizen arrested of any grievous crime, whether
true or false, shall be detained in any detention custody in Nigeria without a
valid court remand grounded in legitimate legal process and fair hearing (i.e.
putting the detained citizen’s lawyers and family on notice). The maximum
period allowed for such detention for the purpose of continuation and
conclusion of investigation is a total of 56days segmented into “four-two
weeks” and that if at the expiration of the said maximum of 56days, the citizen
is not put on trial before a High Court of a State, a High Court of the FCT or
a Federal High Court, he or she shall be discharged by the Court that issued
the remand order and no further application
for remand shall be entertained by any court in Nigeria.
It is therefore
shocking as to where the authorities of the DSS derive powers and authority to
arrest and detain citizens for over 60days without trial or administrative
bail. The source of powers under which the DSS detains citizens incommunicado
without access to their lawyers and families is also unknown to the 1999
Constitution. The Constitution in its Section 36 (5) (6) guarantees the
arrested and detained citizens their inalienable rights to fair hearing
including access to their lawyers and families and presumption of innocence
until found guilty by a court of competent jurisdiction.
Even if the
authorities of the DSS claim that Comrade Chidibere Onwudiwe and his colleagues
are being held incommunicado under the infamous Section 27 (1) of the Terrorism
Prevention Act of 2011 as amended in 2013, which unconstitutionally
provides as follows: the Court may, pursuant to an exparte
application, grant an order for the detention of a suspect under this Act for a
period not exceeding 90 days subject to renewal for a similar period until the
conclusion of the investigation and prosecution of the matter that led to the
arrest and detention is dispensed with; it
is dead on arrival.
This
is on account of clear provisions of Section 1 (3) of the 1999 Constitution,
which directs that: if any other law is inconsistent with the provisions of the
Constitution, this Constitution shall prevail, and that other law shall to
extent of the inconsistency be void. The infamous
provision under reference is also grossly inconsistent with Section 35 (4) (a)
(b) of the Constitution as well as Section 293, 294, 295 and 296 of the
Administration of the Criminal Justice Act, 2015.
Our Demands:
1.
In view of the fact that
Comrades Chidiebere Onwudiwe and Justice O. Udeh are no longer triable having
being arrested on 22nd June and 13th July 2016 and
detained incommunicado for 100days and 80days respectively; your public office
is called upon to direct the authorities of the DSS to release them
unconditionally and discharge them as well. Your office should also ensure that
they are not tried in any court in Nigeria and specifically file Nolle Prosequi
(we shall no longer prosecute) application where reverse is the case.
2.
Direct the authorities of
the DSS to free other IPOB members held in their custody including Comrades Sunday
Chuks Obasi, Ikechukwu Igwuoha, Ugochukwu Asochukwu, Sunday J. Okafor, Ekene
Onuoha and Joseph Okorie and ensure cessation of the DSS clamp down on IPOB
activists across the country particularly in the Southeast and the South-south
of Nigeria.
3.
File Nolle Prosequi (we
shall no longer prosecute) applications in any court in Nigeria where Pro
Biafra associated cases are pending and get over 100 Pro Biafra activists
languishing in various prisons and other detention facilities freed
unconditionally.
4.
Advice the authorities of
DSS, Army and Police against criminalizing and stigmatizing constitutional
rights to peaceful assemblies and associated constitutional liberties in Nigeria
and channel their energies towards curbing the ceaseless menaces of armed
opposition groups like Boko Haram and Fulani
terror groups and other violent entities in Nigeria.
5.
Direct all the security and
law enforcement agencies in Nigeria to adhere strictly to the provisions of the
1999 Constitution and the Principles of the Rule of Law in processing their
arrested and detained citizens and ensure that their detainees are not tortured
or killed in custody or detained for
periods not allowed by the Constitution.
6.
Direct same to stop all
forms of indiscriminate arrest and detention of Nigerians without trial and
ensure they refrain from shooting citizens who are unarmed and nonviolent at
the point of their arrest or in the course of exercise of their
constitutionally guaranteed liberties such as rights to personal liberty,
movement, expression, association, assembly, etc.
7.
Direct same to ensure at
all times that their detainees are allowed access to their families and lawyers
as well as ensuring that they are detained under good sanitary conditions and
giving them access to proper medication.
8.
Identify all inconsistent
and incoherent laws insulting and rubbing shoulders with scared provisions of
the 1999 Constitution such as infamous Section 27 (1) of the Terrorism
Prevention Act of 2011, as amended in 2013 and forward them to the National
Assembly by way of Executive sponsored Bills to get them amended or modified in
accordance with Section 315 (1) of the 1999 Constitution.
Note
Sir: This open letter is communicated
to you through your personal email as well as your office email.
Thank You.
Yours in the Service to Humanity:
(a)Emeka Umeagbalasi, B.Sc., Criminology & Security
Studies; M.Sc. (c), Peace & Conflict Studies
Board Chairman, International Society for Civil
Liberties & the Rule of Law-INTERSOCIETY
Mobile Line: +2348174090052
Email: info@intersociety-ng.org
Website: www.intersociety-ng.org
(b)Obianuju Igboeli, Esq., LLB, BL; LLM (c)
Head, Civil Liberties & Rule of Law Program
Mobile Line: +2348034186332
(c)Chinwe Umeche, Esq., LLB, BL
Mobile Line: +2347013238673
Head, Democracy & Good Governance Program
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