Pro-Buhari protesters have staged a counter-protest at the Unity Fountain, Abuja against the #EndSARS memorial protest.
SaharaReporters observed that the protesters, reportedly paid by the government who are less than 15 arrived at the venue with placards; one of which reads, “EndSARS was an insurrection against the state”.
The leader of the protest said they had gathered against the #EndSARS protest because no one had died at the Lekki toll gate.
He said, “We have come here because we found out that some miscreants hiding behind #EndSARS have planned to come here to hold #EndSARS memorial. We are here to set the records straight. If there was a massacre, where are the bodies?
“We are here to put those lies to rest. There was no massacre anywhere in Nigeria. If there was a massacre; let an incontrovertible evidence be produced. We are here to stop those that want to destablilise our country. We will resist them, fight them because we are patriots that believe in the Nigerian project. We will not allow elements sponsored by foreign interests. We have no other country than Nigeria.”
Operatives of the Lagos State Police Command have arrested two protesters at the Lekki tollgate where the #EndSARS Memorial Protest is scheduled to hold in the state today.
One of those arrested claimed to be a journalist while the other was seen carrying a placard.
The police had reportedly warned that anyone seen at the tollgate without an ID card will be arrested.
The arrested journalist told newsmen that he works with LegitTV and that his phone, driver’s license and other documents were taken away from him.
Speaking from a Lagos State Task Force van where he was kept by the police, the journalist who identified himself as Abisola stated that he lost his ID card in transit.
About 30 police trucks and armed personnel are currently at the tollgate to enforce a ban on protests issued by the police command.
A car procession in honour of those believed to have lost their lives at the tollgate when soldiers dispersed #EndSARS protesters on October 20, 2020, is scheduled to hold at the tollgate today.
What #EndSARS protests were about
The #EndSARS protests which were held in October 2020 were against the activities of the now-disbanded Special Anti-Robbery Squad, a unit of the Nigeria Police Force which was accused of police brutality.
The epicentre of the protests was the Lekki tollgate in Lagos where many youths gathered day and night to air their grievances against police brutality and bad governance.
They were dispersed from the location by gun-wielding soldiers on October 20, 2020, an action which some quarters believe led to the loss of lives.
This was followed by the destruction of private and public properties by hoodlums in Lagos, an incident that informed the latest warning issued by the police in the state.
Foremost pro-democracy and leading civil rights advocacy group- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has told the Federal Attorney General and Minister of Justice Abubakar Malami to produce the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB) Mazi Nnamdi Kanu in Court for trial on October 21st 2021 if he (Abubakar Malami) has no subterranean motive to instigate the economic collapse of South East of Nigeria should the self determination group implement her threat to call for a full month of sit-at-home order.
HURIWA is therefore pleading with the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB) Mazi Nnamdi Kanu to send a very clear message to his followers not to carry on with the threat to call for a One Month sit-at-home order because it is very likely that the Federal Government with a preponderance of officials from the Moslem North who have manifested open distrust and hatred for Igboland and Igbo people may instigate the Department of State Services headed by the same Muslim North not to produce the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB) Mazi Nnamdi Kanu before the Federal High Court Abuja on the next adjourned date so as to precipitate the destruction of the Economic life of the South East of Nigeria.
HURIWA recalled that previously at the proposed arraignment and commencement of the trial of pro-Biafran independence leader Nnamdi Kanu, which was due to resume few weeks back in Abuja before the Federal High Court of Nigeria, was been adjourned to 21 October.
The Rights group recalled that the incarcerated leader of the Independence Movement for the Indigenous Peoples of Biafra (Ipob), who has been advocating for the secession of southeastern Nigeria, was arrested abroad after four years on the run and brought back to Nigeria at the end of June.
Kanu is charged with “terrorism, treason, running an illegal company, publishing defamatory material and illegal possession of firearms,” Nigerian Justice Minister Abubakar Malami said in a statement.
Nnamdi Kanu was first arrested in October 2015, but he took advantage of his bail to leave Nigeria in 2017.
“The trial has been adjourned to October 21” because the authorities failed to present Nnamdi Kanu before the court, his lawyer Aloy Ejimkaor told AFP.
The judge said that “the trial could not start without the accused being present”, the lawyer added.
Many journalists were denied access to the courtroom. The human rights organization, Amnesty International, had called on “the Nigerian authorities” to allow “the media free access to the court to do their work”.
In a media statement by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf, HURIWA said the detained leader must be produced alive in Court for trial by the Federal Attorney General unless the government has a sinister motive to precipitate uprising in the South East of Nigeria for the satanic purposes of destroying the economy of the South East of Nigeria. HURIWA has therefore advocated fair trial for all the prisoners of conscience such as Mazi Nnamdi Kanu.
HURIWA said thus: “Fair trial is observed by a trial judge without being partial and Justice means the ethical, philosophical idea that people are to be treated impertially, fairly properly and reasonably by the law and arbiters of the law.
Fair hearing means giving equal opportunity to the parties to be heard in the litigation before a court or tribunal, and ad-hoc tribunal inclusive.
Where parties are given the opportunity to be heard and the charge or complaint against the party standing trial or being investigated made available to them, they cannot complain of breach of fair hearing principles.
The concept of fear hearing in accordance with section 36 (1) of the constitution of the Federal Republic of Nigeria, 1999 as amended states as follows
“Section 36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”
Fair Hearing within the meeting of section 36 (1) of the 1999 constitution a trial conducted according to all legal rules formulated to ensure that justice is done to the parties. It is very important to note that this provision also acquire apparently the observance and consideration of twin pillars of the rules of natural justice namely, “audi alteram partem” “hear the other party” and “nemo judex in causa sua” “no one is a judge in his own case”.
A fair trial must involve a fair trial, and a fair trial of a case must consists of the whole hearing. A true test of a fair hearing is the impression of a reasonable person who was present at the trial whether, from his observation, justice has been done in this case. A fair trial are the ways to prevent miscarriage of justice and are essential part of a just society.
What are Fair Trial or Fair Hearing Right?
The Right to a fair and public criminal trial or a fair and public hearing in civil proceedings is one of the guarantee in relation to legal proceedings fair trial and fair hearing rights include:
• That all person are equal before court and tribunals
• The Rights to a fair and public hearing before a competent and impartial court or tribunal established by law
The other guarantees are the presumption of innocence, and minimum guarantees in criminal proceedings, such as rights to counsel and not to be compelled to self incriminate as stipulated in section 36 (5) and section 36 (6)of the 1999 Constitution as amended
Section 36 (5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.
Section 36 (6) Every person who is charged with a criminal offence shall be entitled to –
(a) be informed promptly in the language that he understands and in detail of the nature of the offence;
(b) be given adequate time and facilities for the preparation of his defence;
(c) defend himself in person or by legal practitioners of his own choice;
(d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and
(e) Have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence.
The importance of fair trial in our society.
Fair trials is the global criminal justice watch dog. It is impossible to overstate how important the right to a fair trial is honestly.
Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process. However, it goes further than protecting suspects and defendants, without fair trials, victims can have no confidence, that justice will be done. Without fair trials, trust in government and the rules of law collapses.
The Right to a fair trial is recognized internationally as a fundamental Human Rights and countries around the Worlds are required to respect. Despite this, it is being abused across the World with devastating human and social consequences. Legal aid globally are working to put an end to this abuses, towards realizing our vision of a world where every person rights to a fair trial is respected.
The number of people directly affected by criminal justice is growing with new offences created every day and increasing numbers being jailed, Countries are developing swifter way of imposing punishment without a trial.
In conclusion the principles of fair hearing in the judicial proceeding and quasi-judicial proceedings cannot be abandoned or waived. Parties are expected to be given the equal access to court proceedings or Disciplinary committee from its commencement up to the delivery of the final judgment.”
Residents of Izombe in the Oguta Local Government Area of Imo State have lamented the havoc allegedly wreaked on their community by soldiers of the Nigerian Army.
The distraught indigenes told Punch that the value of properties destroyed by soldiers in their community was not less than N1billion.
According to them, soldiers who were on a reprisal attack burnt no fewer than 80 houses, many cars and economic trees.
The soldiers attached to the 34 Artillery Brigade, Obinze, Owerri, reportedly clashed with the youths of the community.
In the process, a youth was killed, two soldiers murdered, their vehicle burnt and three rifles snatched.
In a revenge mission, the army invaded the community in many vehicles, including Armoured Personnel Carriers and allegedly destroyed many properties.
The development caused the indigenes of the community, especially women and children, to flee the area.
A community leader, Chinedu Nnadi, had said the damage the army had done to the community would not be addressed in the next 30 years.
Nnadi, who is the pastor in charge of He Reigns Chapel, Owerri, said the people had become refugees in neighbouring communities.
A man, Kennedy Ike, whose house and that of his two children were razed during the operation, said his life had been “made miserable”.
The army spokesperson for the 34 artillery brigade, Obinze, Owerri, Joseph Akuga, said the military hierarchy in the state would address the press on the issue.
Faults Barak Obama for Subverting War on Terror in Nigeria
Self-taught journalists in the Jos metropolitan area are the featured truth tellers of a ground-breaking documentary on the Nigerian conflict produced by Fox Nation reporter Lara Logan. Lawrence Zongo and Masara Kim, Plateau State natives, collaborated for months with war correspondent Logan to make the 38-minute film, which is the Fox News corporation’s first in-depth examination of the tragic loss of life some call Nigeria’s “Silent Slaughter.”
It will be reported at an invitation-only Press Conference in Miango on October 15 where elected lawmakers and community leaders will acknowledge the Rural Watch achievement.
The film has been excerpted in segments on the YouTube channel of ICON PSJ media: https://youtu.be/94bVIPo5yPI
Logan, known in the United States as an award-winning war correspondent, delves deeply into the views and motivation of five reporters associated with a group Zongo created called “Rural Watch.” The mentor of the group is Washington-based editor Douglas Burton, who enables the Rural Watch writers to get published in The Epoch Times. Lawrence Zongo, a high-school history teacher and human rights activist, teamed with Masara Kim, a respected conflict reporter in Jos, Luka Binniyat in Kaduna, and Tom Garba in Adamawa as well as many others.
The film credits the Nigerian reporters for making the dangerous and painstaking trips into rural villages in the Middle Belt to get testimonies of the victims and their families. Logan takes pains to stir the conscience of the West, long accused of being a “conspiracy of silence.” “Masara Kim,” she says in her narration, is the “eyes and ears of a world that doesn’t care.” After months of interviews with the conflict reporters and Nigeria asylum seekers in the West, Logan cuts through the fog of war to show who in Nigeria is killing who and why. Dr. Sulieman Yahaya Kwande, a former Representative of Bassa/ Jos North from the ruling party of All Progressive Congress (APC), has said that “Killings of any religion or tribe is an evil act and against the will of God. Nigeria authority should take quick action and stop such killings, I appreciate Lara Logan and the team of Rural Watch News for the timely report.”
“This documentary has been produced to open the heart, eyes and conscience of an otherwise unperturbed world to the wanton cruelty of bands of murderous Jihadists. I strongly commend this great effort,” according to Dr. Pogu Bitrus, National President of the Middle Belt Forum.
A respected scholar in Washington D.C. has said the film exceeded her expectations. “Even for those of us informed about the Fulani and Boko Haram atrocities — this film is an eye opener,” wrote Nina Shea, director of the Center for Religious Freedom at the Hudson Institute.
Among several revelations in the film, Logan documents how Barak Obama rebuffed President Goodluck Jonathan when he needed arms to fight Boko Haram and put its weight behind the election of Muhammadu Buhari.
The press event coincides with the grim anniversary of a massacre of 29 Christian villagers in a classroom of LEA Primary School Nkiendoro, for which no one has been held accountable. “They were looking for refuge at a military base to hide from their attackers, yet they were locked in the classroom and killed by Muslim Fulani terrorists as a result of the negligence of the Military,” according to Zongo.
Prominent pro-democracy and Not-for-profit organisation- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has advocated the impartial investigation of the persons responsible for the alleged killing of two soldiers and the subsequent invasion by armed soldiers and burning down of the palace of traditional ruler of Izombe community in Oguta Local Government Area of Imo.
HURIWA said it was absolutely unlawful for the military to use extralegal execution of citizens no matter the level of perceived offence just as the Rights group said it has emerged that it was the killing of a young man by soldiers that led to the revenge killing of the two soldiers which in itself is barbaric and unlawful.
The Rights group is proposing the setting up of an independent judicial commission of inquiry by the Imo State government to identify the arsonists amongst the soldiers that petrol bombed the palace of the traditional ruler just as the Rights group has called for justice and closure for all those killed including the two soldiers reportedly set ablaze by some irate youths.
The Rights group expressed worries that the Nigerian military is yet to understand that under constitutional democracy, no institution has the legal authority to take the law into its hands no matter the provocation or anger just as setting ablaze the housing assets of the traditional ruler has been described as an act of primitive brutality and an uncivilised modus operandi which must be decisively dealt with and stopped forthwith.
The Rights group quoted the news media as reporting that many houses, including the palace of the traditional ruler of the Aborshi-Izombe community, Pius Muforo, were burnt down just as it was gathered that Izombe, Eziorsu and Osobod communities have been enmeshed in oil bunkering operations.
HURIWA recalled that a community leader from Umuokwu village, Mr James Imo, claimed that over 50 houses have been burnt down.
His (James Imo) words: “I was informed that two military men were killed and their vehicle set ablaze after the two military personnel had killed one young man, Chukwunonso Iherue, in Umuokwu-Izombe.The problem arose from misunderstanding between the youth and soldiers over crude oil bunkering activities”.
HURIWA which condemned the cowardly actions of the irate youths for allegedly murdering the uniformed men of the Nigerian Army, however stated that in as much as the brutal criminal act of killing law enforcement agents is totally condemnable and remains absolutely despicable and reprehensible, the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA insisted that what is lawful is for the Nigeria Army to report to the police who will immediately swing into action and arrest the suspected killers of the two soldiers so they are prosecuted for murders and not for the soldiers to resort to self help measures of invading communities and burning down houses and shooting randomly at everything moving in those communities just to revenge the alleged brutal killing of two of their colleagues who in any case had allegedly killed a young man extralegally.
HURIWA charges the Chief of Army staff Lieutenant General Yahaya Faruk to escalate his announced programme of professionalisation of the Armed Forces and to work out ways and means of ensuring that henceforth soldiers do not resort to self help measures such as invading a community whereby any of their members are killed on the line of duty or even for committing atrocious act of extrajudicial execution of a citizen and for the invading soldiers to extend this revenge mission to adjourning communities means that these are crimes against humanity.
The Rights group thinks this tendency of invasion and arson by irate soldiers belongs to the medieval period and is totally unconstitutional and infact amounts to terrorism because in the process of the soldiers exacting revenge, many innocent people are killed which is reprehensible and absolutely criminal.
Besides, the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has charged the Inspector General of Police Alhaji Usman Alkali Baba to investigate the extensively damaging accusation that Policemen in Nsukka Enugu State invaded the home of a traditional ruler, destroyed the property, maimed visitors, manhandled the traditional ruler and apparently abducted him to an unknown torture centre because of alleged land related dispute the traditional ruler had with another resident of the community.
HURIWA affirmed that report says that the traditional ruler of Ihekwuenu autonomous community in Aku, Igbo-Etiti Local Government Area of Enugu State, HRH, Igwe, Christopher Okwor was on Thursday allegedly beaten and dragged to an unknown location by men suspected to be policemen.
The wife of the traditional ruler, Martina Okwor who was also allegedly beaten by the officers who had invaded the residence of the traditional ruler in Umakashi, Nsukka said the incident occurred at about 10 pm on Thursday.
HURIWA said thus: ” We hereby appealed to the Chief of Police of Nigeria to investigate the circumstances surrounding this disgraceful and criminal allegations against his men and officers and to arrest, investigate and charge any of his operatives indicted for participating in this illicit raid of the home of a citizen and reportedly destroyed the housing assets in a crude attempt to harass, intimidate and ambush a citizen on the strength of a so called petition filed by another citizen especially bordering on land related disputes. The Nigerian Police Force must begin the period of sanitisation and cleaning up of the vestiges of professional misconducts and all tendencies that had brought bad publicity and global opprobrium on the institution such as this type of illegal orchestration and misuse of power by the police”.
Prominent pro-democracy and Not-for-profit organisation- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has called out the Nigerian Army and the Department of State Services (DSS) for exhibiting overwhelming tendencies of ethnic profiling targeting members of the South East of Nigeria’s Igbo speaking Ethnicity following the arrest by soldiers and eventual illegal handover to the Department of State Services of the popular Igbo Nollywoods Actor Mr Chinwetalu Agu over his choice of clothes with the flag of the defunct Biafran Republic. The Rights group said the military and the DSS have clearly shown their inclinations towards Ethnic profiling because on more than one occasion the Kaduna based Islamic Cleric Sheikh Ahmad Abubakar Gumi was seen holding nocturnal meetings with the Fulani terrorists who kidnapped many school children and held them hostage for months in the forests but despite the obvious evidence that the said Ahmad Gumi made many television and newspaper appearances and granted extensive interviews including the one that he accused the military of helping to weaponise terrorists in the North-West, there was never any attempt on the part of the DSS or Army to invite him or arrest him for these treasonous acts of fraternizing and colluding allegedly with Fulani Terrorists. lHURIWA further affirmed that: “Also the Zaria based Islamic Cleric Salihu Zaria threatened to kill Christians over the Jos killing of Fulani travellers by Unknown gunmen but the DSS and the Army looked the other way and never made attempt to arrest these two Moslem preachers who made inciting comments which may have instigated the massacre of some Christian Military officers in a suspicious military helicopter crash whilst flying from Minna after Sheikh Gumi was quoted as claiming that only Christian military operatives are decimating and crushing Islamic terrorists in the North and then the Nigerian Defence Academy was invaded shortly after Sheikh Salihu Zaria made the threat against Christians and the invaders killed a Christian soldier and kidnapped a Plateau born Christian soldier of the rank of Major who was detained for several weeks before being rescued but the Igbo Actor Chiwetalu Agu wore just a clothe with the flag of the defunct Biafra Republic which is not unlawful but the Army tortured him and thereafter handed him over to the DSS and the DSS is now saying that justice would be done and we ask, which justice? This is pure ethnic profiling and vendetta which is unconstitutional. We demand the immediate release of Mr Chinwetalu Agu by the DSS or they charge him to court so the World will see how low the Country Nigeria has degenerated in the practice of apartheid policies by the current administration that releases and reintegrate boko haram Islamic terrorists”.
Already, HURIWA has protested the dehumanization of Chiwetalu Agu by the Army in a letter of protest submitted to the Chief of Army staff Lieutenant General Yahaya Faruk on Friday in which the Rights group stated as follows: “We bring you our message of goodwill. This is to register our strong protest over the physical torture, maltreatment and denial of RIGHTS TO DIGNITY OF THE HUMAN PERSON that was unleashed on the popular Nigerian Actor Sir Chiwetalu Agu by the Nigeria Army troop in Onitsha, Anambra State, South East of Nigeria.
We write this petition to particularly disagree with the statement publicly made by the spokesman of the Defence headquarters to the effect that the said Nollywood Actor was dehumanized because he allegedly advertises for the proscribed Indigenous Peoples of Biafra (IPOB) for putting on a clothe that has the flag of the defunct Biafra Republic. Sir, the Nigeria Army is an institution created by law and the Army is not above the law. It is unacceptable that the Army General who spoke for the Defence headquarters has given the impression that physical, psychological torture of alleged offender (assuming without conceding that putting on one’s choice of clothes is now an offence) is permissible under the Army’s rules of engagement. Sir in 2017, Nigeria passed a law against torture. Nigerian constitution in chapter 4 is against torture.The Army tortured Chiwetalu Agu and these infractions must never be swept under the carpets so the Army is not accused of tolerating impunity. We pray you to deploy an internal resolution mechanism to provide relief and redress to the victim of Army brutality Chiwetalu Agu. As a Civil Rights body, we know that the Army is not a body that is created to torture citizens even if they are in conflict with the law. Moreover, what choice of clothe someone wears is not an item of the law. The colours of the defunct Biafra is not illegal just as wearing Arab clothes in Nigeria is not an offence. We await your rapid action so the impression that some persons are bigger than the law is wiped away. You would recall that the Kaduna based Islamic cleric Sheikh Gumi openly campaigns for those the government classified as bandits and even met them in the forests, but the Army has not called him in for questioning. Why does the Nigerian Army believe that wearing one’s choice of clothes with certain colouration is against the law but it is not an offence for Gumi to consistently champion the cause of armed bandits?” The letter of protest was endorsed by the National Coordinator Comrade Emmanuel Onwubiko.
Nollywood actor, Chiwetalu Agu, who was arrested by the Nigerian Army over his support and canvassing for the Indigenous People of Biafra, has been picked up and quizzed by the Department of State Services, hours after he was released by the military.
A Nigerian writer, Chiagozie Fred Nwonwu, who writes under the pen name Mazi Nwonwu, confirmed that Agu was not yet a free man.
According to Nwonwu, Agu is presently in custody of the DSS.
“Chiwetalu Agu is still not free. He is with DSS now. Colleagues say they are looking for a top lawyer to bail him,” Nwonwu wrote on his known Facebook page on Friday.
Recall that there were widespread reports on Friday that Agu had been released by the Nigerian Army, following his arrest on Thursday, for wearing the Biafran regalia.
Agu was arrested in Onitsha, Anambra State, on Thursday.
The army had come out to say it arrested Agu for soliciting support for the separatist group, IPOB.
“Dressed in a very well known attire of the proscribed group, Chiwetalu Agu was picked up for questioning while inciting members of the public to join the proscribed group. Though he attempted puting up some resistance when troops made effort to take him into custody, he was not assaulted or subjected to brutalisation.
“While the NA recognises the inalienable rights of the citizenry to freedom of movement and expression as enshrined in the Constitution of the Federal Republic of Nigeria, it is apparently a violation for any individual or group to incite the public to cause mayhem or break down of law and order.
“It is therefore pertinent to state that while exercising such freedoms, it must be done within the confines of the law, bearing in mind the imperative for peace, and national security,” the army had said in a statement.
The military had on Friday released Agu before he was reportedly picked up by the DSS for questioning.
The alleged brutalization and physical harassment and torture of the popular Nollywoods Actor Mr Chinwetalu Agu over his recent viral photo of him putting on the clothes made from the flag of the defunct Biafra Republic has been described as animalistic, insensitive, irresponsible, irrational, despicable and reprehensible. Canvassing immediate redress by the military high command, the prominent Civil society and pro-democracy group:- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said it was illegal to harass, a law abiding citizen like Mr. Chinwetalu Agu who has deployed his monumental creative talents as an actor to mobilize the society and to advocate for an ethically sensitive and humane society, must not be allowed to be swept under the carpets of impunity. “Where is that valid law within the federal Republic of Nigeria under constitutional democracy that denies the citizens their choice of apparel? Why is the flag of the defunct Biafra if turned into a clothe now made offensive and why is the Nigerian Army seeking to polarize the society and deepen the misperception that the military exercise in the South was meant to subject the citizens to ordeals of gross Human Rights Violations when this is not so? We condemn this overzealous tendencies of the military troop that undertook this abysmal and primitive act of humiliating a citizen for putting on his choice clothes when the primary duty of the Army is to protect the territorial integrity of Nigeria? In which way has Mr. Chinwetalu Agu disrespected any provisions of the law and assuming without conceding that the putting on of apparel displaying the flag of the defunct Biafra Republic is unlawful, are there no human rights and law based procedure for bringing him to justice without metting out such level of brutality despite his age and his immense contributions to the entertainment industry?”
HURIWA spoke further: “We hereby appealed to the Chief of Army staff Lieutenant General Yahaya Faruk to arrest and sanction the Soldiers captured on the viral video for harassing and torturing the elder statesman or alternatively, we urge the victim of this Human Rights violation to seek redress in the Court of law under section 6 of the Constitution”. Specifically, section 6 states thus: “(1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation. (2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State. (3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record. (4) Nothing in the foregoing provisions of this section shall be construed as precluding:- (a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court; (b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.(5) This section relates to:- (a) the Supreme Court of Nigeria; (b) the Court of Appeal; (c) the Federal High Court; (d) the High Court of the Federal Capital Territory, Abuja; (e) a High Court of a State(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;(g) a Sharia Court of Appeal of a State; (h) the Customary Court of Appeal of the Federal Capital Territory, Abuja; (i) a Customary Court of Appeal of a State;(j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and (k) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.(6) The judicial powers vested in accordance with the foregoing provisions of this section – (a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law(b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person; (c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution; (d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law. HURIWA condemned the action of those soldiers because it violates section 42(1) which provides thus: “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:- a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. Section 36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality. Section 35.(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law – a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty; b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law; c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence; d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare; e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto: Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence. And Section 34. (1) Every individual is entitled to respect for the dignity of his person, and accordingly – a) no person shall be subject to torture or to inhuman or degrading treatment; b) no person shall he held in slavery or servitude; and c) no person shall be required to perform forced of compulsory labour.” HURIWA cited news reports that popular Nollywood actor, Chinwetalu Agu, was reportedly brutalized by Nigerian soldiers for wearing an outfit with colours of the Biafran flag.
It was gathered that the incident occurred in the Upper Iweka area of Anambra state.
According to an eye witness, the Nigerian soldiers had stopped the Nollywood actors, bringing him out of his vehicle for interrogation.
Recall that Chinwetalu Agu had recently rocked the Biafra flag attire in a post on social media.
The Inspector-General of Police, Alkali Baba Usman has revived a notorious unit of the Nigeria Police Force, which was disbanded last year after #EndSARS protests, the Special Anti-Robbery Squad (SARS).
SARS was notorious for brutality, extrajudicial killings, and human rights abuses.
In a statement obtained by SaharaReporters, the IGP was said to have released new terms and conditions on the operation of SARS officials.
The Police Force also made phone numbers available for citizens to report harassment.
According to Baba Usman, SARS has been reformed and the new rules of engagement are stated below:
“No SARS personnel is allowed to interface in any civil matter.
“They are not allowed to interfere in cybercrime (yahoo yahoo).
“No SARS personnel is allowed to conduct a stop and search exercise unless there is a distress call from victims or members of the public.
“They are not allowed to be involved in commercial matters, debt recovery, (landlord vs tenant issues).
“They are not allowed to interfere in any social/relationship cases (marital matters, boyfriend/girlfriend relationship).
“They are strictly for armed robbery and kidnapping cases!”
Also, citizens are encouraged to report cases of harassment by any of its officials to the following office: DIG, Department of Operations:
Last October, there were massive protests in some states tagged #EndSARS, largely organised by youths, to call for an end to police brutality.
They also demanded that SARS, a police unit, notorious for human rights abuses, extrajudicial killings, and other atrocities should be disbanded.
But during the protests against police brutality, the Nigeria police unleashed more terror on peaceful protesters in many parts of the country, including at the Lekki Toll Gate in Lagos, the epicentre of the struggle.
The repressive regime of Muhammadu Buhari was forced to disband SARS.
It thereafter introduced the Special Weapons and Tactics Team, which many Nigerians described as not different from the disbanded SARS.
Meanwhile, the police inspector General, Baba Usman once said the disbandment of SARS had created a vacuum in policing the country.
He added that the morale of police officers in the country had been low since the #EndSARS protests in October 2020.
