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Tag: Femi Falana

  • 2023: N100m Nomination form fee with Minimum Wage at N30k is immoral – Falana

    2023: N100m Nomination form fee with Minimum Wage at N30k is immoral – Falana

    Human rights lawyer, Femi Falana, has faulted the N100m presidential nomination form fee set by the ruling All Progressives Congress (APC), describing it as “immoral” since the country’s minimum is N30,000.

    Speaking on Channels TV, Falana said it was insensitive and illegal for the ruling party to fix its nomination forms at such an outrageous amount. Last week, APC fixed the price for its presidential nomination forms at N100m while the PDP pegged its presidential form fee at N40m.

    “Those outrageous nomination fees are immoral, insensitive, and illegal. Again, section 42 of the Nigerian constitution provides that nobody shall be subjected to any restriction or discrimination on the basis of class, fortune, sex, or whatever,” the constitutional lawyer added.

    If these parties are saying they want to exclude unserious people, that if you cannot mobilise N100 million or N40 million, you cannot attain some positions in your country, that is discriminatory and illegal.

    No restriction can be erected to prevent you from participating in the politics of the country. You are now saying that the politics of the country is for moneybags or fat cats. That is against the spirit and the letters of the constitution.

    The immorality of it is that we have over 90 million Nigerians that have been classified poor. In a country where the minimum wage is about N30,000 and it is not paid by some states, you can’t say you are collecting N100 million or N40 million to purchase a form.”

  • 2023: Why Jonathan Can’t Run For Presidency – Falana

    2023: Why Jonathan Can’t Run For Presidency – Falana

    Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Thursday said that former President Goodluck Jonathan cannot run for the 2023 presidential race.

    In a statement, Falana said Jonathan cannot contest the 2023 presidential election by virtue of Section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    “It has been confirmed that former President Goodluck Jonathan has decided to join the All Progressives Congress, APC, to contest the 2023 presidential election,” the statement partly read.

    “However, the former President is disqualified from contesting the said election by 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended which provides as follows: ‘A person who was sworn in to complete the term for which another person was elected as President shall not be elected to such office for more than a single term.

    “Some people have said that the amendment is not retrospective and therefore cannot apply to Dr. Jonathan. Assuming without conceding that the amendment is not retrospective, it is submitted that under the current Constitution a President or Governor cannot spend more than 2 terms of 8 years. In other words, the Constitution will not allow anyone to be in office for more than a cumulative period of 8 years.

    “It is not in dispute that Dr. Jonathan became the President of Nigeria in 2010 following the sudden death of President Umaru Yaradua. He later contested and won the 2011 presidential election. Having spent 5 years in office as President, Dr. Jonathan is disqualified from contesting the 2023 presidential election.

    “The reason is that if he wins the election, he will spend an additional term of 4 years. It means that he would spend a cumulative period of 9 years as President of Nigeria in utter breach of Section 137 of the Constitution which provides for a maximum two terms of 8 years.”

    His comments followed speculations that the former president may defect from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).

    Jonathan was elected President of Nigeria in the 2011 election but lost to Muhammadu Buhari in 2015.

  • APC, PDP nomination form fees highest Worldwide — Falana

    APC, PDP nomination form fees highest Worldwide — Falana

    Femi Falana, human rights lawyer and senior advocate of Nigeria (SAN), says the payment of “outrageous” nomination fees is illegal and should be cancelled.

    The All Progressives Congress (APC) and Peoples Democratic Party (PDP) had fixed the prices of their nomination and expression of interest forms for presidential hopefuls at N100 million and N40 million, respectively.

    The form fees have, however, attracted criticism.

    In a statement on Sunday, Falana said since the national minimum wage is N30,000 per month, the deposit of N100 million or N40 million has excluded millions of workers from contesting presidential elections in Nigeria.

    “Ironically, Nigeria houses the second largest population of poor people in the world, but the nomination fees collected from aspirants by APC and PDP are the highest in the world,” the statement reads.

    While noting that in Canada, candidates are no longer required to pay a deposit for federal elections, Falana said since the Nigerian constitution is the basic law of the land, any policy inconsistent with it should be struck out.

    “Thus, the payment of outrageous nomination fees, which is not one of the conditions for contesting elections under the current democratic dispensation, is illegal and unconstitutional on grounds of inconsistency with the Constitution,” the statement reads.

    “In the case of the National Conscience Party & 23 Ors v Independent National Electoral Commission (Suit No FHC/ABJ/CS/ 42/2003), the Plaintiffs challenged the announcement of the defendant to charge as ‘processing fees’ amounts ranging from N500,000 for presidential candidates to N25,000 naira for those seeking election as local government councillors.

    “The presiding Judge, the Honourable Justice Binta Murtala-Nyako, agreed with the submissions of the Plaintiffs’ counsel, Chief Gani Fawehinmi, SAN, and said, ‘Going through the constitution and the Electoral Act 2002, I fail to see where INEC was empowered to prescribe and demand such processing fees…. I therefore declare the processing fees charged by the defendant illegal and unconstitutional’.

    “It is submitted that if the electoral bodies that are vested with the power to conduct elections are prohibited from collecting meagre nomination fees from candidates, what is the legal basis for collecting billions of naira from aspirants by political parties?”

    Falana said while political parties cannot charge outrageous nomination fees, they may be permitted to request nominal fees for administrative expenses.

    “The APC and PDP should withdraw the outrageous fees and charge administrative fees of not more than N10,000 per aspirant,” he said.

    “Therefore, as political parties are incapable to prescribe conditions for the eligibility of candidates outside the provisions of the Constitution, the nomination fees of N100 million or N40 million pegged by the APC and PDP, respectively, are illegal and unconstitutional as they constitute a flagrant violation of sections 40, 106 and 107 of the Constitution, as well as article 13(1) of the African Charter on Human and Peoples Rights Act.

    “The illegal, insensitive and immoral nomination fees should be cancelled without any further delay.”

  • Kaduna Train Attack: Falana Calls For Prosecution of Amaechi, NRC MD

    Kaduna Train Attack: Falana Calls For Prosecution of Amaechi, NRC MD

    A Senior Advocate of Nigeria (SAN) Femi Falana has accused the Minister of Transportation, Rotimi Amaechi, and the Managing Director (MD) of the Nigerian Railway Corporation (NRC) Fidet Okhiria of negligence in the attack on a train plying the Abuja-Kaduna rail line.

    He is also calling for their prosecution, according to a statement he issued on Monday.

    The legal practitioner referenced reports of attacks on the Abuja-Kaduna rail line and accused the corporation and Amaechi of not taking enough measures to forestall the latest incident.

    “Although both Messrs Amaechi and Okhiria knew that the Abuja-Kaduna train was not safe they kept on giving passengers a false sense of security.

    “Since both of them knew that the tragedy that befell the nation last week was waiting to happen and did not adopt measures to prevent it, the President should direct the Inspector-General of Police to investigate and prosecute them for criminal negligence.

    “Meanwhile, both of them should not be allowed to continue to risk the lives of train passengers in the country.”

    He said contrary to claims by the NRC that there is no fraud in the sales of train tickets, a ticket racketeering syndicate was arrested in 2019. Since then, he said the NRC has not been able to crack down on other syndicates operating in the Abuja-Kaduna and Lagos-Ibadan train stations.

    According to him, the corporation and the ministry is legally bound to bear the cost of treatment for those injured during the incident.

    “It is indisputable that the loss of lives, personal injury, and abduction of passengers by the terrorists was caused ‘by want of reasonable care, diligence or skill on the part of the Corporation or its servants’,” he maintained.

    “In other words, top officials of the Nigerian Railway Corporation and the Ministry of Transportation are liable for the criminal negligence that caused the bomb attack.”

  • Electoral Bill: Nigerians Should Mount Pressure On NASS To Override Buhari – Falana

    Electoral Bill: Nigerians Should Mount Pressure On NASS To Override Buhari – Falana

    Human rights lawyer and a Senior Advocate of Nigeria, Femi Falana, has called on Nigerians to mount pressure on the National Assembly to override President Muhammadu Buhari on the Electoral Act Amendment Bill.

    Following the refusal of the president to sign the document over the mode of primaries, the National Assembly had on January 31 transmitted the reworked bill to the president for assent.

    The presidency has repeatedly defended the delay in the assent to the electoral bill, saying President Buhari is still consulting with the relevant stakeholders before making his decision known to Nigerians.

    But speaking during an interview on Channels Television’s Political Paradigm, Falana said Buhari’s refusal to sign the electoral act amendment bill in the past, as well as his delay in giving assent since receiving the bill over two weeks ago, and the lack of pressure from members of the All Progressives Congress (APC) for him to sign, speaks volumes.

    “It is a challenge to all Nigerians. Once the 30-day period expires, the bill goes back to the National Assembly and Nigerians have to mount pressure on the National Assembly to override the veto of the President. We can’t go on like this,” he said.

    Falana said he wouldn’t be surprised if Buhari again refuses to sign the document, accusing the President of not being prepared to reform the nation’s electoral process.

    While noting that the bill has been dragged since 2018, he criticised the ruling APC of failing to tackle rigging of elections, violent polls, inconclusive elections.

    “The ruling party wants the situation to remain hence there is no pressure on the President to sign the electoral bill into law.

    “The party is not prepared to allow the status quo to change. Status quo that promotes rigging of elections, violent elections, inconclusive elections and the tribunalisation of the electoral process.”

  • Why Buhari is reluctant to assent to Electoral bill – Falana

    Why Buhari is reluctant to assent to Electoral bill – Falana

    Femi Falana, a senior advocate of Nigeria (SAN), says some governors in the All Progressives Congress (APC) are influencing President Muhammadu Buhari’s decision not to assent to the electoral bill.

    On November 19, TheCable had reported that the national assembly transmitted the electoral act amendment bill to the president for assent.

    According to the constitution, the president has 30 days within which he is expected to assent to the bill.

    However, according to law, the national assembly can override Buhari by a two-third vote in a case where no action is taken by the president on the bill.

    In the case of the electoral bill, the deadline for the presidential assent is December 19.

    Speaking on the development on Wednesday, Falana said the president is reluctant to assent to the bill due to pressure from some governors who are worried about certain amendments in the electoral act.

    He said the governors, who are in the ruling party, are concerned about the provision of electronic voting, which he alleged would make election manipulation difficult.

    “The president is reluctant to give assent to the bill because the powerful governors in his party, the ruling party, are saying it is going to be much more expensive for them to run direct primaries,” he said.

    “Therefore, throw away the baby and the bath water. But where they’re actually going is that those governors have not recovered from the shock of having electronic vote. They know manipulation will be reduced to the minimum.

    “That’s why they are asking the president to throw away that bill. They aren’t saying ‘take it back to the national assembly so that the area of direct primaries can be removed’.

    “The bill can be rejected only on one ground. The 2018 bill was rejected by the president on the ground that it’s too close to the 2019 election. Now, the president may also say signing this bill now may be too close to the election and might cause confusion.”

  • Dowen College: Sylvester Oromoni’s family hire Femi Falana

    Dowen College: Sylvester Oromoni’s family hire Femi Falana

    The family of late 12-year-old Sylvester Oromoni, a student of Dowen College, has hired the firm of human rights lawyer and activist, Femi Falana, to prosecute the case against the institution over the unfortunate death of their son.

    In the letter dated December 6, 2021 and signed by Taiwo Olawale, the lawyers have written to the office of Lagos State’s chief coroner requesting an inquest into the circumstances leading to the death of his client’s child.

    The letter titled “Request for Inquest into the Tragic Death of Sylvester Oromoni killed at Dowen College, Lekki, Lagos,” noted that based on the briefings by the family, the late student died as a result of injuries allegedly inflicted on him by his seniors at the school.”

    The letter in part reads

    “Given the needless death of Sylvester Oromoni, we are compelled to request you to use your good offices to cause a coroner’s inquest to be conducted into the cause of death of this young and promising boy and make appropriate recommendations pursuant to Section 15 of the Lagos State Coroner’s Law 2007 that states that an inquest shall hold whenever a coroner is informed that the death of a deceased person within his coroner district is as a result of a death in a violent, unnatural or suspicious situation.

    We hereby request your lordship to conduct an inquest into the circumstance surrounding this tragic death and we are confident that your lordship will accede to our request with utmost urgency.”

  • White paper on Lagos #EndSARS panel report is illegal – Femi Falana

    White paper on Lagos #EndSARS panel report is illegal – Femi Falana

    Femi Falana, human rights lawyer, says the white paper on the report submitted by the Lagos judicial panel on police brutality is illegal.

    On November 15, the Lagos judicial panel submitted two documents — a consolidated report on police brutality and an investigation into the Lekki shooting incident — to the state government.

    After receiving the report, Babajide Sanwo-Olu, Lagos state governor, constituted a four-member committee to come up with a white paper on the panel’s recommendations.

    Citing section 15 (2) of the Tribunals of Inquiry Law of Lagos State, Falana said the report of the judicial panel is as effective as a judgment of the Lagos state high court, thus its findings can only be challenged in a competent court.

    “It was my view that since the committee is unknown to law, the members were not competent to edit, modify, alter, edit or reject the report of the commission,” he said.

    “More so, that the members of White Paper committee did not have the opportunity of taking evidence from the witnesses who had testified before the commission.

    “I argued further than that the governor cannot reject the report, summary of evidence and findings of the Okuwobi Judicial Commission in any material particular.

    “I am not unaware that it is the practice of governments to issue a white paper on the report of a commission of inquiry. But since there is no provision for a White Paper under the law the Lagos state government is bound by the findings and recommendations of the Panel.

    “Therefore, any institution and individual indicted by the commission may wish to approach the High Court to challenge any aspect of the report. Since the White Paper committee is illegal its findings are of no moment.”

    The senior advocate of Nigeria (SAN) also criticised the report of the white paper committee, stating that there were many contradictions.

    He said in previous interviews on Arise TV and CNN, the governor had admitted to visiting victims at the hospital as well as admitting that two persons were killed.

    “By insisting that only one person was killed at the Lekki Toll Gate, the writers of the White Paper contradicted an earlier statement by governor Babajide Sanwo-Olu that two people were killed following a violent attack on peaceful protesters by Nigerian soldiers,” he said.

    Falana also faulted Moyo Onigbanjo, Lagos state attorney-general, for stating that the panel did not disclose the identities of the soldiers who shot at protesters.

    “For goodness sake, were the protesters expected to ask for the names of the soldiers during the murderous attack?” Falana asked.

  • Falana urges youths to engage in politics for better Nigeria

    Falana urges youths to engage in politics for better Nigeria

    Femi Falana, a Senior Advocate of Nigeria (SAN), on Monday urged youths to engage more in politics to achieve a new Nigeria.Falana made the call during the 2021 Felabration Symposium, held at Ikeja, Lagos.The theme for this year’s Felabration celebration is “Viva Nigeria”.The theme was picked from late Fela Anikulapo Kuti’s old music titled: ” Viva Africa”, which talked about the essence of staying united as Africans.Our correspondent reports that Felabration is an annual music festival conceived in 1998, by Yemi Kuti, in memory and celebration of her father, Fela Anikulapo Kuti, a Nigerian musician and human rights activist known for pioneering the Afrobeat genre of music.Falana, who was late Fela’s lawyer, said that with more organisational capacity, Nigerian youths would contribute more to the growth and development of the country.“Nigerian youths need to get engaged politically, they have roles to play in the struggle for a new Nigeria,” he said.Falana, who recounted the achievements of late Fela said that due to the fact that he talked, acted and sang about Nigerian problems, the late musician was able to correct some societal anomalies.He said that the Anti-torture Act was enacted in 2017 due to late Fela’s clamour that no Nigerian should be subjected to torture in a police station.Tony Nnadi, Secretary General, Lower Niger Congress, urged the Federal Government to work and ensure the amendment of the 1999 constitution.Nnadi said that the content of the constitution worked against the progress of the nation, giving more power and preference to some regions at the detriment of other regions.Arinola Oloko, a certified Mediation Advisor, said that the 1999 constitution does not support women, youths and the physically challenged and as such needed to be changed.Oloko called for the autonomy of the local government to be able to control their finances which would give room for sporadic development at the grassroots.“As citizens of Nigeria, we must be deliberate to make changes in the nation, we need to organise and be united to make the change a reality,” she said.Seun Kuti, son of the late Fela Anikulapo Kuti,  suggested that for the constitution to be amended, the youth must engage the people in power politically to ensure the constitution was changed to benefit the six geo-political zones.“Protest, rally, demonstration will not change the constitution because the ordinary citizens do not have the power to do so,” he said.Kuti called on Nigerian leaders to be empathetic for the less privilege and ensure that the rule of law played out.He said the problem of terrorism in the country was due to high level of poverty and unemployment.Kuti urged government to embrace policies that would enhance job creation in the country.“Am not an anarchist, we need to organise ourselves, youths are only a reflection of the society, we don’t have the power to change the society but when the Nigerian professionals engage the youth, we will have a better society,” he said.

  • Falana Urge Malami To Enforce $62b Supreme Court Judgment

    Falana Urge Malami To Enforce $62b Supreme Court Judgment

    A Senior Advocate of Nigeria, Mr. Femi Falana, has asked the Attorney-General of the Federation, Mr. Abubakar Malami, to recover a $62 billion debt owed by six international oil companies.

    In a letter dated October 8 and obtained by Channels Television on Sunday, Falana said the Supreme Court in 2018 had ordered the Federal Government to immediately recover the debt.

    But, based on the posture of the Minister of State for Petroleum, Mr. Timipre Sylva, it appeared the Federal Government wasn’t committed to the recovery process, Falana said.

    “We are Solicitors to Professor Omotoye Olorode and Jaye Gaskia of the People’s Alternative Political Movement (PAPM) on whose behalf we write this letter,” Falana’s letter said.

    “Our clients have instructed us to remind you that the Federal Government has not enforced the above-mentioned Judgment of the Supreme Court of Nigeria delivered on October 20, 2018.

    “In the said Judgment the apex court had directed the Federal Government to immediately take steps to recover all revenues lost to oil-exploring and exploiting companies due to wrong profit-sharing formula since August 2003.

    “Based on the aforesaid Judgment, you did request for the immediate payment of the sum of $62 billion owed by the six international oil companies with joint operating agreements with the NNPC namely Shell Petroleum Development Company, Mobil Producing Nigeria Unlimited and Chevron Nigeria Limited, Nigeria Agip Oil Company, TotalElf Nigeria and Pan Ocean Oil Company.

    “But to the utter dismay of our clients, Mr. Diepere Silva, the Minister of State in the Ministry of Petroleum Resources publicly stated that ‘Well, we have started discussions. Let us consider that as a lost opportunity, the money was not in a cupboard, they have taken it. Nobody can bring out that kind of money, I mean we can’t get $62billion. We can maybe get something from them but not $62billion. It’s an opportunity we have lost. We have already started discussions with them but what is clear is that it is a lost opportunity really.’

    “In view of the foregoing, we have the instructions of our client to request you to use your good offices to ensure that the said sum of $62 billion is recovered from the International Oil Companies and paid into the Federation Account without any further delay.”

    Falana said his clients will be forced to approach the Federal High Court to seek a compelling order if the AGF fails or refuses to enforce the Supreme Court judgement.