December 2019

The DPA organization in Nigeria reacted positively to the arrest of some armed robbery suspects in Mpape Abuja on 27th December 2019. About 5 armed men attacked a First Bank branch office in a bid to rob. But a combined team of security forces responded to the scene and foiled the attack while arresting 4 of the men and killing one. This was according to media report. Reacting to this incident, DPA issued the following statement on its social media handle. DPA RESPONDS TO THE ARREST OF ARMED ROBBERY SUSPECTS IN MPAPE ABUJA We commend the police for foiling the attempted robbery in Mpape, Abuja, on December 27, 2019, and for the arrest of the suspects. We appreciate the courage and bravery it takes for the police to confront and successfully subdue an armed suspect. Every officer involved in arresting the suspects deserves commendation and even a raise. As the police have acted to enforce the law, we urge them to continue to act within the law. The police must now conduct full and professionally sound investigation and charge the suspects to court where we expect they will be convicted and sentenced accordingly. It is only the Court of law that can determine who is guilty and what punishment to allocate to that person. And where the punishment is death, only the Court can pronounce such punishment. If the mob does it, it is called jungle justice. If the police does it, it is called atrocity or extra-judicial killing. DPA opposes jungle justice, atrocities and extra-judicial killings. We encourage every citizen of this country to support the police. We also urge the police to follow the law and due process in investigating this case. So, no torture, and no forced confession. If the police remain professional in their handling of this case, they will get the evidence they need to convict the suspects without engaging in any improper conduct as officers. And it is by following due process that the truth will be vindicated. Again, commendations to the officers.   NOTE: The Due Process Advocates Foundation (DPA) was Founded by Ephraim Emeka Ugwuonye, Esquire

Securing the rights of individuals within the law is a key way to secure the stability of the country. As long as DSS can arrest people and detain them against court orders, as long as the police can frame up people and bribe judges to detain them based on trumped up charges: as long as these can happen on a system level basis, it will be legitimate to seek a break up of the country. So, inadvertently or due to lack of strategic thinking, DSS and the police and other Nigerian security forces have done more than anyone else to push Nigeria toward a breakup. And given the level of these problems in Nigeria, it is almost inevitable that Nigerian leaders cannot govern Nigeria as one country. Thus conclusion is based on their inability to secure the basic rights and freedoms of the individuals and communities. Understanding that the breakup of Nigeria is tending toward an existential necessity, rather than a mere ego-tripping exercise is the key to progress. It is inevitable and it is a necessity. If one understands so, then the focus shall be on how to manage that process rather than on the costly, but doomed effort to stop the unstoppable. This strategic knowledge is something that both those who will lead the breakup and those who will try to oppose it should have. On the part of those who want the breakup, they need this knowledge to understand the best terms and conditions on which they will achieve their aim. On the part of those who would try to resist the breakup, they need it in order to understand the best terms and conditions that can be negotiated. It is all for the efficient management of an inevitable breakup. In fairness to all sides, the question could still be asked: is the breakup inevitable? The answer is that there is no realistic alternative to a breakup. Breakup of Nigeria can be pursued on the basis of administrative efficiency if not on the basis of ethnic justice. Constantly declaring that Nigeria one united or indivisible country is actually a mockery to human intelligence, when done in face of mounting evidence to the contrary. In conclusion, the leaders of both the Nigerian police and DSS have done more than IPOB to push Nigeria toward a breakup.

Securing the rights of individuals within the law is a key way to secure the stability of the country. As long as DSS can arrest people and detain them against court orders, as long as the police can frame up people and bribe judges to detain them based on trumped up charges: as long as these can happen on a system level basis, it will be legitimate to seek a break up of the country. So, inadvertently or due to lack of strategic thinking, DSS and the police and other Nigerian security forces have done more than anyone else to push Nigeria toward a breakup. And given the level of these problems in Nigeria, it is almost inevitable that Nigerian leaders cannot govern Nigeria as one country. Thus conclusion is based on their inability to secure the basic rights and freedoms of the individuals and communities. Understanding that the breakup of Nigeria is tending toward an existential necessity, rather than a mere ego-tripping exercise is the key to progress. It is inevitable and it is a necessity. If one understands so, then the focus shall be on how to manage that process rather than on the costly, but doomed effort to stop the unstoppable. This strategic knowledge is something that both those who will lead the breakup and those who will try to oppose it should have. On the part of those who want the breakup, they need this knowledge to understand the best terms and conditions on which they will achieve their aim. On the part of those who would try to resist the breakup, they need it in order to understand the best terms and conditions that can be negotiated. It is all for the efficient management of an inevitable breakup. In fairness to all sides, the question could still be asked: is the breakup inevitable? The answer is that there is no realistic alternative to a breakup. Breakup of Nigeria can be pursued on the basis of administrative efficiency if not on the basis of ethnic justice. Constantly declaring that Nigeria one united or indivisible country is actually a mockery to human intelligence, when done in face of mounting evidence to the contrary. In conclusion, the leaders of both the Nigerian police and DSS have done more than IPOB to push Nigeria toward a breakup.

The woman caught in viral video attempting to kill a young girl that happened to be her maid has been arrested. Her name is Amaka Otolehi from Ngor-Okpala in Imo State. She is married to Nkem Otolehi. The girl in question is Peace Goewam (from Jos) while Jonathan Goewam is her uncle that gave her to the Otolehi family. They all appear in the pictures below. To determine what should happen to the woman, we have to be clear as to what happened and what we saw on that video. It is clear that the woman (Amaka Otolehi) attempted to kill the girl (Peace Goewam). We shall use her action to infer her intent. It is important that Amaka be stopped from killing Peace or any other child. It is also important that we send a message to all other women like Amaka that the society will not allow anybody to try what Amaka did. How best do we achieve these two objectives? The state needs to prosecute Amaka and send her to jail upon conviction. This is the very minimum that should happen. But there are other adults involved in this. Mr. Nkem Otolehi lives in the same house with Amaka and Peace. He has seen Amaka maltreat Peace. Even though he had a duty to protect Peace and to restrain Amaka, he failed to perform those duties. That is criminal negligence and abuse of a child. The society needs to wake him up to his duties and send a message to all men like Nkem. They are equally guilty if they fold their arms and watch their wives abuse minor children in their care. Also, Nkem and Amaka are not fit to be entrusted with the care of children. If Nigeria had foster care system, all minor children of Nkem and Amaka should be taken away from them and placed in foster care. Another adult to be dealth with is the uncle of Peace (Jonathan Goewan) who gave her away to Amaka and Nkem. Given the presumed age of Peace, that transfer of a minor violates the rules of NAPTIP. It constitutes trafficking. The uncle should be arrested and prosecuted for that. Peace should be returned to her parents or close relatives capable of caring for her. The worst thing to happen is to allow Amaka to become famous from her evil deed. One is discouraged to see her in these pictures without her being in handcuffs. The police must understand that serious crimes have been committed and there ought to be consequences. Finally, organizations like DPA should organize seminars and training programs to teach women about the rights of minors in their care, including their own children. An average woman should have a formal training in the law against child abuse.

Contrary to what many may assume, the prison or correctional center, as it is now called, is a community of its own, despite certain obvious restrictions.

Tomorrow is the Christmas. Can you imagine what Christmas in prison is like? It may shock you, but the prison community will not be as much of a difference than what we have outside the prison. The prison community will have church activities. The Cardinal of Abuja will celebrate mass and have many events in the prison tomorrow. Many people from outside the prison will like to attend the Christmas events taking place in the prison. The prison inmates have their various organizations or clubs and each will be holding Christmas event. DPA decided to add to the fun of Christmas for the inmates. We had planned to deliver food to the inmates. We had planned to deliver cooked food in take-away dishes. But on a second thought, we realized that it will be fun if the inmates were allowed to cook the food and distribute among themselves. So, we decided to deliver the food, including goats, chicken and the rest. Today, our team was in the prison to deliver a beautiful goat in addition to other items needed. Some additional ingredients will get there in the morning. We understand that the inmates are so excited about this. They have broken themselves into task forces - one to kill and process the meat, another to cook, another to distribute the food and the drinks. It seems it will be a great fun for them. All the warders on duty will also enjoy. We are happy we are able to put smiles on the faces of as many as possible prison inmates. We are also grateful to our members who contributed to this project. God will bless you all. Merry Christmas! The goat in the picture is part of the items delivered to the inmates today. What a beautiful animal.          

The circumstances of Sowore's release confirmed Rambo's position that the government intended to subject Sowore to the same treatment as Dasuki. Dasuki was granted bail 4 years ago. But the DSS rearrested him and held him indefinitely. Based on our analysis, we saw similar intentions for Sowore. It was therefore accurate to predict that "Sowore may not be released till end of Buhari's second term".  The fact that he was ultimately released yesterday did not contradict that prediction. In fact, releasing him along Dasuki confirms our instinct. The prediction was not to give a date for his release, but rather to tell you the principles guiding the thoughts of the people involved. Another aspect of Rambo's analysis that turned out accurate was the fact that Rambo stated that the outcome of Sowore's case would not depend on the normal application of the law. Rambo said we should look beyond the law in order to assess the outcome. In fact, the circumstances of his release confirmed that. He was not released in normal flow of law. It was just one arbitrary act of government reversing another arbitrary act of the same government. Now, watch out for the following tricks from government: By emphasizing that they could still appeal against the Court order granting him bail and by emphasizing that Sowore must keep to the terms of his bail, the government is actually warning the judge not to vary the terms of bail again. And if the terms of bail are not varied, that means that Sowore cannot travel out of Abuja until the case is over. That may mean that he cannot see his children. That means that he will not address any gathering till the case is over. And when will the case be over? Not likely before the end of Buhari's second term. So, they have silenced him effectively. If he doesn't comply with the terns of bail, his bail will be revoked and he will be detained with a court order and nobody may accuse the government. So, Sowore's rights are still in danger. But you may not know that. To understand what is going on, you need to think deeply and smartly. What we ought to focus attention on is the various subtle ways the government is resisting the Court. We knew that Sowore's case was calculatedly meant for Dasuki treatment. And when the demand for Sowore's release came, they released Dasuki along.

The Due Process Advocates Foundation (DPA) acknowledges that today, amidst blistering international pressure, the government of Mohammadu Buhari, acting through its Attorney General, Mr. Abubakar Malami, ordered the release of Omoyele Sowore and Gambo Dasuki, who have both been in unlawful indefinite detention. In ordering their release, the government based its order on the various orders of Nigerian courts that had granted bail to these men. While we welcome the release of the two men as serving the purpose of justice, we also decry the shameful conduct of the Nigerian Government in the continued detention of these men despite court orders that mandated their release. It is particularly remarkable that these men are being released on no other conditions than those already imposed by court. It raises the question therefore as to the basis for detaining them after courts had ordered their release. Indeed, what the directive of Mr. Malami has confirmed is the sickening belief on the part of this Government that no court order can take effect without further approval by the executive arm of government. The action of the government, as shown in Mr. Malami's needless intervention today, is a confirmation of the ugly truth, which is that Buhari's government will go down in history as the most dictatorial government in the time of democracy. It is an admission that court orders were routinely ignored and the courts rendered powerless. It is also an admission that this government has been callous and most reckless as regards human rights and rule of law. It is further an admission that it will be dangerous for Nigerians or the world to trust Buhari's administration on rule of law. The world must not take the release of the two men as a genuine sign that this administration is willing to change. On the contrary, what we saw is a syndical deception calculated to mislead the world and to lure the seekers of justice into complacency or false sense of victory. The fact remains that thousands of innocent Nigerians are in various detentions all contrary to rule of law and due process. It is a dangerous tokenism to release a few while many are left to languish in detentions. The fact is that in the same DSS cells that held Sowore for months and Dasuki for years, DSS is holding hundreds of innocent people contrary to law and due process. We must therefore continue to demand for justice from Buhari's government. Let our next step be to demand for the government to open the gates to various secret detention places in Nigeria whether these detention centers are run by DSS, the police or other security or law enforcement agencies. Every detention of a person in Nigeria must be brought under the control of the judiciary, a judiciary that must be free from corruption and which shall enjoy independence from the executive. Second, we must shine the light on the various processes through which the security forces seek to justify abusive detentions. As we write, DPA has come across overwhelming evidence of how the Nigerian police fabricated criminal charges against innocent citizens to justify detentions and how judges are being induced to play along. In the cases of Sowore and Dasuki, things were made a bit easy because the judges did not play along. But we have cases in which the judges play a role in a corrupt scheme to abuse the rights of citizens. These also should be practices to which the seekers of justice must direct their protests. Rather than rest and assume it is over, Nigerians and the world must understand that the release of Dasuki and Sowore is on the beginning, the late beginning, of the fight for justice against an administration that has no regard for law, liberty and basic freedoms. Rather than fold our tents and retreat, we must strengthen and fortify ourselves for further resistance to repression and dangerous autocracy. By DPA Administration. December 24, 2019

The Federal High Court sitting in Abuja yesterday made a profound ruling when it held that prostitution is not a crime under Nigerian law.

Relying on Section 37, Chapter 4, of the Constitution, Hon. Justice Binta Murtala Nyako delivered the judgment in a case filed by Lawyers Alert on behalf of one Constance Nkwocha &15 Ors V.  Min. of FCT & 5 Ors. The judge held that sex work is not a criminal offence in Nigeria, and that it is a violation  of Section 37 rights of a female sex worker for any security official to arrest her for having sex for commercial purpose. To show the seriousness of the matter, the judge awarded damages against the Respondents and in favour of the Applicants in the sum of N1.6 Million. To fully understand the meaning and implications of this judgment, DPA will obtain a copy of the judgment for a full study of it. DPA may appeal that judgment for the purpose of ultimately getting the Supreme Court of Nigeria to pronounce on the matter in order to give it the binding power over all courts in Nigeria and truly make it a part of the law of the land.

The year 2019 is destined to end as it started  - a big ironical casualty in the legal profession. It started with the dramatic fall from grace of Walter Onoghen, the then Chief Justice of Nigeria. And it ends with the arrest and detention of Mohammed Adoke, former Attorney General of Nigeria, by interpol in Dubai for one month, and his eventual extradition to Nigeria, followed by arrest at the airport by the Economic and Financial Crimes Commission.

What the stories of Onoghen and Adoke have in common is not only the fact that they share the theme of an elephant that ended up in a rabbit cage. The respective stories of the two men reflect the peculiarity of the Nigerian society.

Both Onoghen and Adoke will claim to be victims of an unjust and unfair legal and judicial systems. But both had opportunities to make the same legal and judicial systems fairer and more just. And both failed largely to do so. They thus ended up victims of their own negligence.

This is not the first time we see such victims of self in Nigeria. Indeed, they are abundant in Nigeria. Abba Moro was the Minister of Interior before he ended up remanded in Kuje prison. The inmates and the warders, upon sighting him, were very happy to welcome him to the type of prison he wanted for Nigeria while he was the Minister in Charge of prisons. At that moment, he wished he had reformed the prison system when he had the opportunity. Tafa Balogun, a former Inspector General of Police, was brutalized by junior police officers using the same brutality tactics that Tafa Balogun allowed when he was the head of the police force.

Orji Uzor Kalu and other ex-Governors are in prison at the moment. Senators, Ministers and even serving Governors go to visit them in prison. They are all lamenting privately the unjust legal system. Yet, none is doing anything to change the situation for the future. The lesson is clear. True leaders should seek to better the future. But our leaders only seek to better the past, which is impossible. We wish Mohammed Adoke peaceful enjoyment of the system of criminal justice he wished for others.

We expect up to 100 inmates to be freed today and tomorrow in Kuje Prison alone. Other prisons in the Abuja area will be receiving similar visits. They are concentrating on cases of inmates who have not been to courts in two years and those who have been awaiting trial for many years. In October of this year, DPA sent out two petitions demanding the review of many cases of inmates who have been unjustly held in the prisons and the Abattoir police detention center. In response to DPA petitions, on November 4th and 5th, the judges went to Abattoir and freed or evacuated over 600 detainees. And today, they are extending that to the prisons.   We are happy for this development. The detention of the leader of DPA, Emeka Ugwuonye, Esquire, in Abattoir and Kuje has not been without a great benefit. DPA shall continue to press for justice to many people who have been unjustly detained. In light of this development, DPA will suspend the next round of petitions which are aimed at the judiciary.