Zakzaky’s son wants Malami punished for failing to enforce court ruling

The only surviving son of Sheikh Ibraheem Zakzaky, Muhammad, has petitioned the Legal Practitioners’ Privileges Committee and the Nigerian Bar Association (NBA) over the “gross misconduct” by the Attorney-General of the Federation and Minister of Justice, Malami Abubakar, SAN, for failing to enforce the judgment of the Federal High Court, Abuja that ordered the release of his parents.

Muhammad called on the legal bodies to apply appropriate sanctions and punitive measures against the AGF for disobeying an order of the court.

“I fervently call upon the Nigerian Bar Association/Legal Practitioners’ Privileges Committee to enforce and uphold any punitive measures against the AGF, being the Chief law Officer of the Federation and a Senior Advocate of Nigeria, through withdrawals of privileges otherwise due to him for gross misconduct displayed by him, and to urgently act to secure the enforcement of the rights of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky,” he said.

The two separate petitions noted that Nigeria was under international treaty obligations to ensure compliance with all relevant provisions of the African Charter on Human and People’s Rights.

Muhammad further narrated that his parents had approached the Federal High Court to seek for the enforcement of their fundamental rights to life, personal liberty, dignity of the human person, right to private and family life and private property pursuant to sections 33, 34, 35, 36, 37, 40, 41 and 46(1) & (2) of the constitution of the Federal Republic Of Nigeria, 1999 (as amended) and articles 4, 5, 6, 11 and 12(1) of the African Charter on Human and People’s Rights (ratification and enforcement) act lfn 2010 and order 11, order xi and xii of the fundamental rights (enforcement procedure) rules, 2009.

He explained to both the NBA and the Legal Practitioners’ Privileges Committee that the Federal High Court in Abuja had given judgment in their favour and consequently ordered for their release.

The IMN leader’s son said that rather than comply with the ruling, the AGF has continued to illegally detain his parents, contrary to an order of a court of competent jurisdiction and in contradiction to the Constitution of the Federal Republic of Nigeria.

Recall that Femi Falana, SAN, had petitioned Nigeria’s acting President, Prof. Yemi Osinbajo, SAN, demanding for the immediate release of Sheikh Zakzaky and his wife in obedience to a High Court judgment.


Source: Daily Post

Group Urges FG To Comply With ECOWAS Court Ruling On Dasuki

A Northern coalition of 14 human rights groups  on Tuesday urged the Federal Government to, as a matter of urgency, comply with the ruling of the Community Court of Justice of the Economic Community of West African States (ECOWAS) by releasing former National Security Adviser (NSA), Col. Sambo Dasuki (rtd.).

Speaking with journalists in Sokoto, the National Secretary of the Network for Justice and Human Rights Crusade,, Al-mustapha Abubakar Bello, said ignoring the ruling of the ECOWAS Court by the Federal Government would amount to impunity, abuse of due process and disregard for rule of law. 

“Since it is a government that believes in the rule of law, the federal government under the leadership of President Muhammadu Buhari should adhere to the ruling of the ECOWAS Court.

“This competent court of law presided over by Justice Friday Chijioke Nwoke has ordered the immediate release of Dasuki on bail as stated in the judgement of October 4, 2016, with No: ECW/CCJ/JUD/23/16 of the SUIT NO: ECW/CCJ/APP/01/16,” Bello said.

According to him, the coalition lamented that having been granted bail by three different domestic courts, Dasuki is still in detention.

He said this was without respect for his fundamental human rights and personal liberty, which the present government preaches.

Credit: thisdaylive

Report: We Will Comply With ECOWAS Court Ruling On Dasuki- FG

The Federal Government will comply with the ECOWAS Court order to release former National Security Adviser, Colonel Sambo Dasuki (rtd) from detention, Nigeria’s chief law officer told Daily Trust yesterday.
The Attorney General of the Federation (AGF) and minister for justice, Abubakar Malami SAN disclosed this on the sideline of the meeting of Attorneys General at the Transcorp Hotel, Abuja.

  “We will study the ruling, we are waiting for the ruling from the ECOWAS Court, and one thing that I am certain of is that there is room for judicial review.
“… But one thing I can assure you is that we will comply with the order and the necessary provisions of the law as applicable, so we study it in line with the provisions of the prevailing law in the country,” he said.
The ECOWAS Court last Tuesday in Abuja ordered for Dasuki’s release and also awarded a fine of N15m against the government for illegal detention of the former NSA.
Justice  Chijioke Nwoke who delivered the judgement said that even if the applicant had committed a crime, the law still has it that due process of the law must be observed in his trial adding that it is an established fact that the applicant was put on trial in three different Nigerian High Courts and was granted bails by the courts.
The court condemned the action of the Nigerian government in subjecting the ex-NSA to indefinite detention without trial.
The ECOWAS Court doesn’t have the instruments to enforce its judgments like other municipal courts in Nigeria, a constitutional lawyer and professor of law, Auwalu Yadudu, has said.

Read More: dailytrust

Faleke Reacts To Supreme Court Ruling Upholding Gov. Bello’s Election

The deputy governorship candidate in the November 21, 2015 election in Kogi State, James Faleke, has reacted to the judgement of the Supreme Court upholding the election of Yahaya Bello as governor of the state.

Mr. Faleke said he had no regrets challenging Mr. Bello’s election, saying he took the step in “good faith to protect the interest of the over 240,000 electorates that voted for the Audu/Faleke ticket”.

Mr. Faleke was the All Progressives Congress, APC’s running mate in the November election before the ticket holder, Abubakar Audu, died as he led in declared results.

Mr. Faleke challenged the APC’s decision to nominate Mr. Bello as its new candidate for a supplementary election that held in December 2015.

After a prolonged legal tussle at the high court and the appeal court, the Supreme Court on Tuesday upheld Mr. Bello’s election.

A seven-man panel headed by Justice Sylvester Ngwata affirmed the election after listening to the closing statements of all the counsel.

The court said it would provide reasons for its decision on September 30.

In his reaction, conveyed in a statement by Duro Meseko, Mr. Faleke said it would have amounted to a “betrayal of the sacred trust of the people who reposed implicit confidence in the Audu/Faleke ticket not to have defended the sanctity of their vote up till the Apex court level”.

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Court Orders Immediate Release Of Detained APC Workers

A Federal High Court in Lagos on Monday ordered immediate release of five employees of the Data Centre of All Progressives Congress (APC), who were arrested by the Department of State Security (DSS) on November 22, 2014.

Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori and Esther Enemy – all APC workers, were arrested by DSS operatives and police during a raid on a building which the APC said was its data office at Allen Avenue in Lagos.

But Justice Mohammed Yunusa, who ordered the release, equally restrained the DSS from further arresting the five employees pending the hearing and determination of a fundamental rights enforcement suit filed by the APC.

The judge, after entertaining arguments from lawyers on both sides, held that it was unjustifiable for the workers to have been detained beyond the period prescribed by Section 35 of the Constitution, without being charged to court.

Justice Yunusa ruled that the DSS could no longer continue to detain the applicants without filing a charge against them or bringing them before a competent court.

The matter was consequently adjourned to January 19, 2015.

Despite the ruling, it was gathered that DSS officials went away with the APC workers, who were produced in court as ordered by the judge.

The applicants – the APC and the detained staff – had filed an action before the court seeking an enforcement of their fundamental rights.

Source – Daily Independent

Abalaka & Court Ruling on his HIV Vaccines

The recent court pronouncement that the federal government or any of its agency should seize to interfere with administration of Dr Jeremiah Abalaka’s patented vaccines for the treatment of HIV/AIDS calls for further rumination.  In a judgement delivered at the Federal high court in Makurdi, Benue State, Justice Binta Nyako has restrained the Federal Government and National Agency for Food and Drug Administration and Control (NAFDAC) from further interfering with the use of the vaccines.

With the court ruling, Dr Jeremiah Abalaka is now free to advertise, administer and offer for sales its therapeutic and preventive HIV vaccines.However, the concerns of the Federal government to have placed ban in the first instance on the use of the drug has not been addressed by the court judgement. Even when the consent of the patients are obtained, government and its Agencies still need to monitor and regulate the use of drugs by the citizens. In my view, mere obtaining consent before administering the vaccine on HIV patients do not offer enough justification for the kind of authority the court has granted Dr. Abalaka.

Intensive media propaganda notwithstanding, the scourge of HIV requires more than authority dictated by exigency or reliance on court ruling. Several unproven cures had hitherto been advertised by quack and pseudo – scientists before the recent judgement and the trend is a source of concern to medical professionals in the country.

The fact that Jeremiah Abalaka is a general surgeon with training in immunology does not necessarily convey on him the authority to administer drug even with the patent obtained on the vaccines. Using himself as a guinea pig in testing the efficiency of the theraurapitic and preventive vaccines has not equally allayed the fear of the medical professionals. What this means is that court pronouncement alone cannot certify the vaccines to be safe for human use. So far, the vaccine  as  learned journal was the only one to have lent credence to Abalaka’s curative claim through an editorial with an accompanied report. Ray spier, the editor, who wrote the editorial has even admitted that the Abalaka’s work was published as a report and not as peer – reviewed research paper.

In essence, the vaccine has not been evaluated under a strict protocols required or be independently reviewed by the experts. More importantly, Abalaka’s work is worthy of more systematic investigation in line with best global practices. It is true scientific works may be stolen or hijacked. The fear of hijack should however not be an excuse for not subjecting the vaccines to the required evaluation. Besides, Dr Abalaka should strive to make the vaccine reach the level of clinical trial rather than to continually live on the euphoria of the recently delivered court judgement.

One other critical issue for consideration is the alleged conspiracy of the pharmaceutical companies. Up till now, Dr Abalaka has not been able to prove the alleged conspiracy. Now that the court had ruled in favour of Dr Abalaka, the whole world is waiting eagerly for him to prove the veracity of his claim to have discovered curative vaccines for HIV/AIDS. Until he succeeds in proving the worthiness of his therapeutic and preventive vaccines, Abalaka would end up as a mere intellectual charlatan or as a pseudo – scientist by verdict of history. The inherent danger in the unproven claims by hundreds of Nigerian herbal practitioners that they have the cure of HIV/AIDS is premised on the nation’s desperate search for panacea for this disease which has ravaged million of lives.

The National Broadcasting Commission (NBC) equally has a role to play in regulating advertisement on radio and television stations by the herbal practitioners on claims of having found the cure for HIV. Without missing words, most drugs currently being advertised by the herbal practiontioners on radio and television stations have never been tested and confirmed to be efficacious. Moreover, members of the public who easily fall preys of these pseudo – scientists are not sure of the level of toxicity of some of these herbal drugs.

It is against this background that I congratulate Dr Abalaka for the judgement delivered in his favour and I urge him to fulfil all righteousness for his vaccines to gain universal acceptability as safe and efficacious. Except the vaccines are made to undergo the necessary evaluation, the vaccines and Dr Abalaka himself will remain a medical charlatan who enjoys living a controversial life.

By  Rahaman Onike