NBA Should Stop Illegal Arrests, Detention, Falana Insists

Martins Ifijeh

Human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has called on the Nigerian Bar Association (NBA) to “do more to hold governments at all levels to account for violations of human rights and stop illegal arrests and detention of Nigerians by law enforcement and security agencies.”

This is coming as the senior lawyer also yesterday clashed with another human rights activist, Chief Mike Ozekhome over lawyers’ reaction to the removal of the immediate past Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

Falana stated his position on NBA in a paper delivered yesterday at the induction of Mr. Fatai Adeyemi Abinjo as 37th President of the District 9110 of the Rotary Club, Ogba Lagos.

According to Falana, “it is indisputable that Nigeria has largely enacted laws for the enforcement of the human rights of citizens and foreigners living in Nigeria. But due to the failure of lawyers and judges to hold the government accountable, the human rights of millions of poor Nigerians. including civil, political, economic and social rights are violated with almost absolute impunity.”

Falana said, “it is high time the Nigerian Bar Association was reorganised to take its rightful place in the human rights community. Specifically, let all the branches of the NBA liaise and collaborate with the Chief Magistrates designated to conduct monthly inspections of police detention centres in each state of the federation. The 1st Vice President of the NBA who is in charge of human rights should mount additional pressure on the Acting Chief Judge of the Federal High Court to designate Judges to inspect the detention centres of other law enforcement agencies.”

Falana recommended that Attorneys-General who frustrate the execution of judgments or who fail to prosecute all indictable offences should be sanctioned for gross misconduct by the NBA.

“Most of the rights entrenched in our Constitution are nothing more than empty words to millions of our peoples who are or whose children are suffering and, in some cases, dying of malnutrition and other preventable diseases associated with the poor.”

“Nigerian lawyers should get organised and reposition the Nigerian Bar Association to end illegal arrests and detention in Nigeria.”

Meanwhile, Ozekhome and Falana yesterday disagreed sharply over lawyers’ reaction to the removal of Onnoghen.

Both men spoke during the ongoing Rule of Law Session of the 5th NBA Annual General Conference (AGC) at the Eko Hotel and Suites in Lagos.

Ozekhome berated lawyers for not pouring out on the streets and shutting down government to protest Onnoghen’s prosecution and conviction by the Code of Conduct Tribunal (CCT).

According to him, this was what lawyers in Pakistan did when former President Pervez Musharaf “unlawfully” removed the country’s Chief Justice.

But in a swift response, Falana told him that the Pakistani CJ was not unlawfully removed under a cloud of having unexplained wealth.

Falana also questioned the commitment of Dr. Olisa Agbakoba (SAN) to human rights causes, like both men used to do “in the 80’s”.

Agbakoba was moderating the session.