Foremost Human Rights Activist, Mr. Femi Falana,SAN has condemned the continued detention of Mr. Emperor Gabriel Ogbonna over a Facebook post he made allegedly critical of the Governor of Abia State, despite Court order mandating his release with #1.5 Million compensation.

He has in furtherance to the continued detention advised Emperor’s lawyers to file contempt proceedings against the relevant authority.

This is contained in a statement issued by the learned silk which was made available to TheNigeriaLawyer, Sunday.

The learned silk not only frowning at the way security agencies disobeys court noted that it is appalling for Emperor to have been charged for terrorism for the said Facebook post rather than being merely sued for defamation. 

In addition, he stated that since there are Court orders mandating his release and there exists no stay of execution of same, he should be released forthwith . 

In this light, the learned silk noted that since no one is above the Law, his Lawyers are enjoined to commence contempt proceedings against the relevant authorities & persons still keeping him in custody. 

He said SSS must release Emperor Gabriel Ogbonna from illegal custody now.

Recall that an Aba based legal practitioner, Mr. Emperor Gabriel Ogbonna was arrested sometime in March this year for criticising the Governor of Abia State, Dr. Okpeze Ikpeazu in a facebook post. 

Falana, said “Instead of advising the Governor to sue the lawyer for libel in the State High Court the Police engaged in gross abuse of power by charging Ogbonna with the offence of terrorism under the Terrorism Prevention Act as amended before the Federal High Court sitting at Umuahia, Abia State. Mr. Ogbonna pleaded not guilty to the charge and was admitted to bail. 

“He met the bail conditions and was released by the trial court. But angered by the order of the court that had admitted Mr. Ogbonna to bail some officials of the State Government invaded the court premises, seized the defendant and took him away to an undisclosed place.

“It was discovered days later that he had been dumped in the detention facility of the State Security Service in Umuahia. In order to secure the release of Mr. Ogbonna from illegal custody his lawyers approached the Federal High Court to secure the enforcement of his fundamental right to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 and article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act. Upon hearing the Counsel to the Applicant and the Respondents the Presiding Judge, the Honourable Justice D.E Osiagor delivered his judgment on June 29, 2020. 

“His lordship declared the arrest and detention of Mr. Ogbonna illegal and unconstitutional and ordered the State Security Service to release him from custody unconditionally or charge him before a court of competent jurisdiction. Furthermore, the learned trial judge granted an order restraining the Respondents from further harassing, re-arresting and detaining the Applicant over the facts of the case the court and awarded N1.5 millions damages for his 2-month detention without trial. 

“Since then all efforts made by the Nigerian Bar Association and Mr. Ogbonna’s lawyers to enforce the two orders granted by the Federal High Court for his release from illegal custody have proved abortive. Hence, a public interest case has been filed at the Federal High Court holden at Abuja by Mr. Monday Ubani to challenge the continued detention of Mr. Ogbonna since June 29. Last Friday, the Federal High Court granted the application for the bail of Mr. Ogbonna pending the determination of the substantive application. Since neither the Federal High Court nor the Court of Appeal has granted a stay of execution of any of the three court orders authorising the release of Mr. Ogbonna from illegal custody the State Security Service should, as a matter of urgency, ensure his immediate release and payment of the reparation N1.5 million awarded in his favour by the Court.

In a related development, the APC National Campaign Council for the September 19 governorship election in the state, Saturday, raised the alarm over the destruction and removal of the outdoor billboards and campaign posters of its candidate, Pastor Osagie Ize-Iyamu, and his running mate, Mallam Gani Audu, by alleged agents of the state government

But Special Adviser to Obaseki on Media and Communication Strategy, Mr. Crusoe Osagie, dismissed the allegation, calling it belated antics of a routinely recycled politician.

Meanwhile, the Independent National Electoral Commission (INEC) has released a final list of eligible candidates for the September 19 election across the different political parties.

Obaseki and Shaibu, who are contesting the election on the platform of PDP, had contested and won the governorship election in 2016 under APC. In two separate suits filed against them by the APC and Williams, the plaintiffs want the court to stop Obaseki and Shaibu from participating in the September 19 governorship election in Edo State for allegedly lying on oath and submitting false documents to INEC to aid their qualifications in the forthcoming election. According to them, the alleged offences of the defendants run contrary to the provisions of the Electoral Act 2010, as amended, and the punishment is automatic disqualification.

The plaintiffs are also asking the court to bar the PDP from participating or representing itself in the September 19 governorship election for sponsoring ineligible candidates.

In the first suit marked FHC/B/CS/74/2020, which has Obaseki, PDP and INEC as first, second and third respondents, respectively, the plaintiffs want the court to hold that Obaseki lied on oath in his INEC Form CF 001 submitted in aid of his qualification.

The plaintiffs further accused the first defendant of forging his West African Examinations Council (WAEC) result in aid of his admission for a Bachelor of Arts degree at the University of Ibadan. In a statement of claim in support of the suit by Dr. Ehiogie West-Idahosa, the plaintiffs further claimed that Obaseki did not meet the minimum requirements to gain admission into the university, as he had just three credits and two passes in his school certificate results purportedly issued by WAEC.

Obaseki was also accused of perjury for claiming to have graduated from the University of Ibadan in 1976 in his form CF 001 completed in July 2016, while in his form CF 001 completed on June 29, 2020 he claimed to have graduated in 1979.

The plaintiffs in the suit added that Obaseki had also been disqualified from participating in the election by the APC screening committee, which discovered huge discrepancies in documents presented in support of his academic qualifications.

The plaintiffs, in accusing Obaseki of forgery, pointed out that his degree certificate, whose photocopy was presented to INEC, revealed that only the Vice Chancellor of the university signed the certificate and without effective date of award, as against the standard operating procedure of the Examination, Records and Administrative Data Processing Division.

The plaintiffs also want the court to declare that Obaseki’s claim that he worked with Afrinvest Limited from 1994 to 2014, when he retired, was false.

Aside the alleged falsification of documents and lying on oath, the plaintiffs want the PDP standard bearers disqualified on the grounds that the waiver granted them by the PDP last month contravened section 177 of the 1999 Constitution.

In the other suit marked FHC/B/CS/75/2020, which has Shaibu, PDP and INEC as first, second and third respondents, respectively, the plaintiffs, apart from accusing Shaibu of also parading false academic documents, want him disqualified for presenting forged tax clearance certificate to INEC in 2006 in aid of his qualification for the 2007 House of Assembly election in Edo State in 2007.

On Shaibu’s academic record, the plaintiffs claimed discrepancies and alleged forgery in his WAEC result, adding that Shaibu’s claim that he obtained a Master of Business Administration (MBA) from the University of Benin in 2012 was false.

The Chief Judge of the Federal High Court, Justice John Tsoho, has suspended indefinitely the annual redeployment of the court’s judges which began nearly eight months ago.

Justice Tsoho said the suspension followed the effects of the Coronavirus pandemic.

The CJ, in a July 13 circular seen yesterday, directed judges to resume hearing of all cases pending before them.

Many cases have been stalled and many judges have been unable to hear new matters since December following uncertainty about their posting schedule.

The circular, titled ‘Suspension of transfer of Judges’, reads: Your Lordships are by this circular informed that in view of the difficulties and uncertainties brought about by the emergence of the Covid-19 Pandemic, posting of Judges has been suspended till further notice.

“In the meantime, Judges should attend to ALL cases pending before them.”

On Friday, Justice Tsoho went on self-isolation following a confirmed case of COVID -19.

The CJ, in a statement by the FHC’s acting Information Officer, Catherine Oby Nwandu, also ordered some key staff in his office to do same, pending the results of screening tests conducted on him, members of his immediate family and close aides.

“The Court is thus following medical protocols and all precautionary measures for the COVID – 19 prescribed by global and national health authorities.

Mr Tsoho urged the staff of the court to go about their lawful duties while ensuring that they are well protected.

It is truism that the Armed Forces as established by section 217 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended 2011 is saddled with the following responsibilities as contain in section 217 (2) (a) (b) (c) (d) as follows:

• Defending Nigeria from external aggression;
• Maintaining its territorial integrity and securing its borders from violation on land, sea or air;
• Suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the president, but subject to such conditions as may be prescribed by an Act of the National Assembly;
• Performing such other functions as may be prescribed by an Act of the National Assembly.

In view of these responsibilities, it is not out of place to submit that our safety and that of our properties in face of threat and danger is to be taken care of by the Armed Forces and other security agencies alike.

However, the pace at which insecurity runs in Nigeria is dreadful and alarming. The pace in which death flows is heartbreaking. It is as a result of these, that I submit that the military as a responsive Government Institution should be accessed and score by Nigerians and not the ‘Chief’ nor the president. It is self-evident that the chief of Army Staff is responsible to the president as his employee, but the president in turn is responsible to Nigerians.

No one can deny the fact that terrorism, banditry, Herders-Farmers clash and kidnapping has shown and expose the weakness and decay in our security architecture and a summary of the fact that things have gone out of hand.

More disturbing is the publicity, I read on social media almost every day how military dislodge and neutralize scores of terrorist in the North Eastern part of Nigeria only to read devastatingly how the members of Boko Haram and the breakaway Islamic State of West African Province (ISWAP) murder and kidnap military personnel and civilians alike. Similar situation prevail in Zamfara, Kaduna, Katsina and Sokoto states respectively. In fact, Nigerians are at the mercy of these faceless criminals and terrorist. Truth be told, things are not getting any better, neither is the military doing well on security issues. The security of Nigeria have long been an eyesore and seems not to improve in any way.

Year in year out, billions of naira is voted into the defense ministry solely for the procurement of arms, military hardware and for welfare of military personnel in troubled zones but nothing significant seems to prevail.

Still, commanders at different location in North East Nigeria lament of poor weapons, soldiers and officers lament on daily basis of poor remuneration and welfare services. One of those who boldly came out to air his dissatisfaction is the former commander of Operation Lafiya Dole, Major General Olusegun Adeniyi who was seen in a video lamenting about poor military equipment which resulted in the loss of numbers of gallant soldiers and officers who dedicated their lives to serve their father land. Adeniyi equally condemn the military for poor remuneration of personnel which has resulted in no little to dampen their morale. It is evident that corruption has find its way in the military and has laid a solid foundation therein, as a result we now bear the pain and consequences.

The question that pops out of my mind is: who will rescue us? Who will savage this situation? Now that we have become lame at birth and thrown out of our houses by criminals, who will help us? Little wonder, that Corporal Martins was recently arrested and thrown into guard room for bemoaning military leaders for poor equipment and welfare packages for soldiers. The truth is that the spirits of these soldiers are broken and their moral dampen by what they see on daily basis.

Although, well-meaning Nigerians including former president Olusegun Obasanjo have in different times and at different occasion decried the decay and deterioration in our security space while calling for overhaul, review, rejig and restratagizing in order to defeat criminality and terrorism in Nigeria. However, all these pleas and suggestion fell on deaf ears which as a result have further claimed the lives and properties of vulnerable Nigerians. Our roads are not safe, our farms are not safe, no place is safe. Nigerians are murdered on daily basis by members of the Boko Haram sect, Bandits, Kidnappers and Herdsmen. Just recently a bank was rubbed in Kogi state and scores of policemen lost their lives, till date no trace of the robbers nor their whereabouts was reported.

Only recently, the chief of Army Staff Lt. General Tukur Buratai in statement marking their five year stay in office said they (service chiefs) have not failed the president neither have they failed Nigerians.

However, I see this statement as a confrontation, embarrassment and a mockery on Nigerians who sleep with one eye close, whose source of livelihood is rustled and taken, whose only companion is the inimical sounds from guns and the terrible explosions from Improvise Explosive Devices (IEDs). With due respect sir, your work is commendable but the output is not productive, it is the reverse of our expectation. We are sitting on gun powder sir.

In a nutshell, all Nigerians know the state of our security architecture and need no military Czar to tell them. Nigerians are in no doubt in better position to access ad score the military and other sister security agencies. Nigerians are the leg in the shoe, they are the victims of the fractured security structure. Just as the Latin maxim states: Nemo judex in causa sua: No one is Judge in his own case. I therefore submit that the chief of Army Staff Lt. General Tukur Buratai should not tell us they are doing well but allow Nigerians access their paper and score them.

The Federal Government has given school owners up to 29th July, 2020 to meet specific guidelines for the safe reopening of schools.

It said schools are expected to undertake self-assessment and send feedback to State Ministries of Education, not later than 29th July, 2020.

The government said an official date for safe reopening of schools will be announced once these guidelines are in place.

Minister of State for Education, Emeka Nwajiuba, said this on Friday in Abuja.

Nwajiuba said the Federal Ministry of Education (FMoE), having consulted widely, has in collaboration with Federal Ministry of Health, Nigeria Centre for Disease Control (NCDC), the Education in Emergencies Working Group, developed and circulated guidelines for the reopening of schools.

In a statement on Friday by the Director of Information, FMoE, Ben Goong, the minister said school owners are expected to prepare and comply with the guidelines.

“Thereafter, consultations with relevant stakeholders will be held to review the situation and decide on a specific date for reopening or otherwise.

“Furthermore, the Minister said, having taken the painful but necessary decision not to reopen schools without necessary preparations to ensure the safety of students and teachers, the Federal Ministry of Education has continued consultations with stakeholders, and a mechanism to assess and monitor compliance shall be put in place,” the statement said.

The minister said the ministry has consulted with Commissioners of Education in the 36 states, the Association of Private School Owners of Nigeria,(APSON), National Association of Proprietors of Private Schools,(NAPPS), Provosts of Colleges of Education, Rectors of Polytechnics, Vice Chancellors of Universities, some State Governors, and development partners since Tuesday last week.

Speaking on WAEC, Nwajuiba said: “we met with WAEC on Monday and have agreed to further consult with four other countries on a new examination date.

“We appreciate the concern shown by all stakeholders and note the divergent views expressed on the matter.

Parents should be rest assured that the safety of our students and teachers is paramount as we work assiduously towards speedy reopening of our schools for the exit classes to take external examinations,” the statement added.

The personal assistant of a young tech entrepreneur who was found decapitated and dismembered in his Manhattan apartment this week was arrested early on Friday and is expected to be charged in the grisly killing, according to two officials briefed on the matter., New York Time reports

The entrepreneur, Fahim Saleh, 33, was discovered dead on Tuesday afternoon by his sister inside his $2.25 million condo in a luxury building on the Lower East Side, the police said. She had gone to check in on him after not hearing from him for about a day.

She found a gruesome scene: Mr. Saleh’s head and limbs had been removed, and parts of his body had been placed in large plastic bags. An electric saw was still plugged in nearby.

The personal assistant, Tyrese Devon Haspil, 21, was expected to be charged in a criminal complaint with second degree murder and other crimes.

Detectives believe that the motive for the killing stemmed from Mr. Saleh having discovered that the assistant had stolen tens of thousands of dollars from him, despite the fact that Mr. Saleh had not reported the man and had set up what amounted to a repayment plan for him to return the money, one of the officials said.

The police were expected to announce the arrest at a news conference later Friday.

Investigators have also concluded that Mr. Saleh was killed on Monday, the day before his body was found, and that the killer returned the next day to Mr. Saleh’s apartment on East Houston Street to dismember the body and clean up the crime scene.

Detectives believe that the killer, dressed in a black three-piece suit, white shirt and tie, wearing a black mask and carrying a duffle bag, followed Mr. Saleh off an elevator in his building and into his apartment, a law enforcement official said. He used a Taser to immobilize Mr. Saleh and then stabbed him to death.

Security video taken from inside the elevator shows the killer later using a battery-operated portable vacuum cleaner in an apparent effort to remove any traces of his presence, the official said.

New York City’s medical examiner announced on Thursday that Mr. Saleh had died from multiple stab wounds to his neck and torso. Initially, a law enforcement official had described the killing as a “hit” and said it looked “like a professional job.”

Detectives investigating the murder believe the killer’s work dismembering the body was interrupted when Mr. Saleh’s sister buzzed from the building’s lobby, another official said, prompting him to flee through the apartment’s back door and into a stairwell before the sister arrived.

Mr. Saleh’s family said in a statement on Wednesday that the gruesome killing was so shocking it was unfathomable.

“Fahim is more than what you are reading,” the family said. “He is so much more. His brilliant and innovative mind took everyone who was a part of his world on a journey and he made sure never to leave anyone behind.”

Mr. Saleh was born in Saudi Arabia to Bangladeshi parents who eventually settled near Poughkeepsie, N.Y., a small city on the Hudson River.

After graduating from Bentley University in Waltham, Mass., in 2009, he built an app called PrankDial that allowed users to send prerecorded prank calls. Mr. Saleh said he eventually built PrankDial into a $10 million business.

Mr. Saleh went on to found Pathao, a motorcycle ride-sharing start-up in Bangladesh. He left that company in 2018 to begin a similar venture in Nigeria, an app known as Gokada.

At the time of his death, Mr. Saleh was the chief executive of Gokada and oversaw a shift in its business during a turbulent time. In February, Nigerian officials began enforcing a ban on motorcycle taxis in major commercial and residential parts of the country’s largest city, Lagos.

Gokada was forced to halt its ride-hailing business and laid workers off, but Mr. Saleh pivoted the company to focus on food and parcel delivery and business logistics.

“Fahim’s passion for Nigeria and its youth was immeasurable,” Gokada said in a statement. “He believed young Nigerians were extremely bright and talented individuals who would flourish if just given the right opportunity.”

Mr. Saleh was also the founding partner in a Manhattan-based venture capital fund, Adventure Capital, that invested in similar transit start-ups in Colombia and Bangladesh.

The Secretary to the Government of the Federation and Chairman of the Presidential Task Force on COVID-19, Boss Mustapha, on Thursday said a survey conducted by the Nigeria Institute for Pharmaceutical Research and Development to check the influx of substandard goods into the market revealed that 63 percent of alcohol-based sanitizers in Abuja had no NAFDAC registration numbers.

He said there could also be similar situations around the country.

He said the Minister of Health had consequently issued an advisory to the general public to procure their sanitizers and other pharmaceutical products from credible sources.

He said the PTF advised Nigerians to desist from manufacturing sub-standard goods which could further endanger other unsuspecting Nigerians.

The SGF said as of midnight on July 15, Nigeria had recorded a total of 760 fatalities and 34, 259 confirmed cases.

Mustapha stressed that “as we continue to monitor compliance, we emphasise that all restrictions that have been eased remain subject to review”.

Operatives of the Economic and Financial Crimes Commission, EFCC, Benin Zonal Office on Thursday, July 16, 2020 arrested a 22-year old Computer Science Undergraduate of the University of Port Harcourt, Kenneth Gift, his girlfriend, Dandy Spice and mother, Dorah Aninah for suspected internet fraud in Agbor, Delta State.

Their arrest was sequel to a petition from the US Federal Bureau of Investigation, FBI, and intelligence by operatives of the Commission.

Items recovered from them at the point of arrest include a 5-bedroom duplex, Mercedes-Benz CA250, Mercedes-Benz C250, Mercedes Benz GLK 350, laptop computers and mobile phones.

The suspects have made useful statements and will be charged to court as soon investigations are complete.

Wike, in a statement by the Commissioner for Information and Communucation, Paulinus Nsirim, called on the Inspector-General of Police to immediately investigate the saga.

He said it was expedient to probe why over 50 armed policemen stormed the Port Harcourt residence of Nunieh at 4am on Thursday.

He insisted he was on ground to frustrate the attempted abduction and berated the self-styled armed policemen, who claimed to be members of the Inspector General Monitoring Unit.

The Governor said under a civilised society, the proper thing to do was to invite her to answer to any allegation.

He said: “But to storm her residence at such an unholy hour suggests some sinister motive that should not be tolerated.

“What has happened today is a disgrace. Who knows what would have happened to her if they had gained access to her main room? I went there personally to see things for myself and rescued her.

“She is supposed to testify before the House of Representatives Committee and here we are having armed men wanting to abduct her.

“We came out to protect our daughter and we will do so to every Rivers citizen. That is the oath of office I swore to. It doesn’t matter the political affiliation. We will not allow anybody to destroy Rivers state.

“It is so unfortunate and I cry for this country concerning the ways things are going. They didn’t have a warrant of arrest, but would storm somebody’s house, in fact, the State Commissioner of Police is not aware.

” So, tell me how something will happen in a state and the Commissioner of Police is not aware? They said it’s the Inspector General Monitoring Unit.

“So, we have such a unit taking over the responsibility of crime fighting in a state and the Commissioner of Police is not aware? I can also assume too that the Inspector General of Police is not aware. He should investigate it”.

The Governor also called on his colleagues in the NDDC to ensure that their citizens did not have a hand in the planned abduction of the former Managing Director of NDDC.

He said: “If there is any allegation of crime against her, I will not back her but you can’t kill her for no established crime. I don’t know who’s responsible but whoever is behind it should not take Rivers state for granted because we will fight back.

“From what has happened now, I want to say that Rivers State is fully out. Anybody who is responsible for this attempted abduction of our daughter, should know that enough is enough.

“They can’t treat her as a common criminal. I am sure that President Muhammadu Buhari is not aware of this.

“All the Niger Delta States should find out if any of their citizens have a hand in the unfortunate incident and call on such people to leave our daughter alone. She is no longer the Managing Director of NDDC.

“The way things are going now, it seems people want to destroy Rivers State and it is unacceptable.

“Using the police to carry out abduction of citizens should not be encouraged. A similar incident had happened in this state before when they wanted to use the same style to abduct a serving Judge”.

Nunieh, who thanked Wike for coming to her rescue, said the armed policemen came about 4am, broke into her premises but were stopped by the security door leading to her main room.

She said: “Those who told me the Commissioner of Police was downstairs lied because it was his deputy that actually came.

“I opened the door and they wanted to grab me. I pushed back the door and locked it and went upstairs.

“So, my Governor came, asked them for the warrant of arrest and why they did not invite me to the police station instead of attempting to abduct a woman like a criminal.

“The Governor took me away in his car and I am taking refuge in Government House. I want to thank His Excellency for keeping to his word that nothing should happen to a daughter of Rivers State.

“I was supposed to be going to Abuja today to make my submission before the Committee of the House of Representatives. I am sure the motive was to stop me”.