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| Kuti |
It is recalled that
the Intersociety has on 18th of October 2015, issued a public interest
statement, titled: Probing Questions Over The Arrest Of Nnamdi Kanu &
Dismissal Of Brig-Gen Ransome Kuti. The statement followed what we saw as
unjust service treatment meted to detained Brig-Gen E.A. Ransome- Kuti leading
to his sentencing to six months imprisonment and dismissal from the Nigerian
Army on two-count allegation of infraction of the provisions of the Armed Forces
Act (Cap A20), Laws of the Federation 2004. We also raised probing questions
trailing the way and manner the 3,023 officers and personnel of the Nigerian
Army were recalled and pardoned, while Brig-Gen Ransome-Kuti was singled out
for indictment and conviction. We demanded and still demand that concrete
answers to the raised probing questions should be provided publicly by the
image department of the Nigerian Army.
We had in the course of our investigation searched for
several hours relevant information associated with the said recall and pardon
of 3,023 Army personnel and officers as well as how and why Brig-Gen
Ransome-Kuti was dismissed and sentenced.
Several calls spanning hours were also made to some friendly and
credible sources, which included media friends and opinion holders in Lagos and
other parts of the country relevant to the statement under reference. We also
ran into a statement issued by the image making department of the Nigerian Army
regarding Brig-Gen Ransome-Kuti’s ordeal. Loopholes inherent in the statement
of the Nigerian Army led to our decision to raise probing questions so as to
get its attention for the purpose of clearing air over such contradictions for
the benefit of ordinary Nigerians and the world at large.
Our Encounter With Femi Falana, SAN: Our organization through
its Board Chairman (Emeka Umeagbalasi) got a call in the morning of yesterday
(22/10/2015) at 7:52am and the caller introduced himself as Femi Falana, SAN.
He asked our Board Chairman (Umeagbalasi) a number of private questions such as
I guess you are a lawyer (he is a Criminologist), etc. He quickly raised the
issue of the publication under reference and made reference to its last
paragraph that stated as follows: “The family is also advised to critically
assess and re-assess the continued capability and capacity of the legal team of
its son (Brig-Gen Ransome Kuti), as it concerns possible conflict of interest
(alleged soft spot for present Buhari administration). If the family sees the
need to change or fortify its legal team, so be it”
He said the paragraph was a reference to him on account of
his capacity as Brig-Gen Ransome-Kuti’s Counsel. Our Board Chairman instantly rejected
Falana’s position and went on to put the records straight by letting him that
our organization was not in the know of or interested in who stood in as
Brig-Gen Kuti’s Counsel, but arrived at the decision of adding the paragraph on account of what it
was told by a friendly source in Lagos on the need for the family to possibly
change its legal team or fortify it geopolitically (from another part of the
country) because of a belief in some quarters that the Southwest based
activists and lawyers particularly in Lagos are the main supporters and
foundation of the Buhari administration; which may most likely lead to a
conflict of interest.
Our Board Chairman further told Mr. Falana, SAN that our
organization is only aware that he (Falana) handled similar matters years ago
but unaware of his involvement in the one under reference. Mr. Falana responded
thus-no problem, no problem; and went on to enlighten us on how he handled the
matter and past ones with no failure or lose of any. That he is the one
handling the Kuti’s matter as well as others who have been sentenced to death
and that he was the one that handled the case of the recalled and pardoned
3,023 officers and personnel. He later in the evening of same yesterday
forwarded to us a copy of his letter to the Chief of Army Staff on behalf of
detained Brig-Gen Ransome-Kuti, pleading for his release pending appeal.
Yet, this morning at 04:11:50am, he sent a text message,
saying that it was his client who drew my (his) attention to your incendiary
statement designed to impugn my (his) professional integrity and suggested that
I (he) compromised the case of my (his) client. It is in your (Umeagbalasi)
interest to withdraw the libelous imputations, which lacerated your
(Umeagbalasi) public statement as I am (Falana) not prepared to be maligned for
handling pro bono publico.
Beyond the foregoing clear misunderstanding of the meaning
(direct and indirect) of the paragraph by Mr. Falana, SAN, whom Intersociety
and our Board Chairman respect hugely for his immense contributions for the
betterment of the masses, we will not be derailed by same in ensuring that
every citizen of Nigeria no matter his or her age, sex, tribe, religion or
social, political or military backgrounds gets our rights advocacy protection
if we, he or she feel that his or her fundamental rights have been, are being
or likely to be breached or violated by either State actor(s) or non State
actor(s).
Intersociety has severally spoken out not only for Brig-Gen
Ransome-Kuti, but also for others like Dr. Chidi Odinkalu (boss of National
Human Rights Commission), Retired Col Sambo Dasuki (former NSA), Gordon Obua
(for CSO to Goodluck Jonathan), Peter Gregory Obi (during his court cases),
Citizen Nnamdi Kanu (detained Biafran self-determination activist), to mention
but just a few. Our defense of the fundamental rights of ordinary Nigerians is
countless and basketful and; it is continuing.
In all these, Intersociety never sought for a meeting or to see the face
of any of them or expect any commendation from any quarter or group. These are
in furtherance of our strong belief that no matter how big you think you are,
you are not free from human rights abuse or abridgment. Not minding Mr.
Falana’s failure to understand our straightforward explanation and his
adjudicatory threat, we still respect him and commend his efforts and
commitment for betterment of humanity. We will not hesitate to come out in
defense of his fundamental human rights any time they are under threat or
abuse.
In line with our promise given to him (Falana) yesterday to
the effect that if he thinks that the paragraph was in anyway refering to him
as Brig-Gen Ransome-Kuti’s legal team; that in the spirit of comradeship and
oneness and togetherness in rights struggle in our beloved country over the
years, it would be revisited publicly in our next update on the referenced
matter. It is hereby revisited and stated as follows: that the paragraph was in
no way referring to Mr. Femi Falana, SAN, as Brig-Gen E.A. Ransome-Kuti’s legal
team. This is more so when Mr. Femi Falana, SAN, is singular, whereas legal
team is plural. There is also nowhere in the paragraph where Lead-Counsel or
Counsel to Brig-Gen Ransome-Kuti was used or mentioned. Be that as it may, we
hereby step down the paragraph irrespective of its geopolitical and legal team
intendment or direction; provided that Brig-Gen Ransome-Kuti’s unjust treatment
in the hands of the Nigerian Army is judicially revisited and quashed at the
end.
However, in addition to the friendly grounds clearly stated
foregoing upon which the paragraph was stepped down or withdrawn, we further
wish to add that no amount of threat of lawsuit will deter us in our public
advocacy activities especially where we find individuals or groups or their
conducts going contrary to societal approved standards of behavior including
civil, moral or criminal conducts. In this respect, no body or group shall be
spared. Intersociety will at all time offer itself and its key leaders for individual
and public scrutiny over its social conducts as well. That is to say that any
time we have strong reasons to question the social conducts of any highly or
lowly placed Nigerian including the likes of Femi Falana and detained Brig-Gen
Ransome-Kuti, we shall not hesitate to ask questions or condemn same, no matter
the quantum of adjudicatory and meta-adjudicatory threats.
Finally, we wish to commend Mr. Femi Falana, SAN, over his
humility in reaching out to us for the purpose of seeking satisfactory clarifications
over the issue under reference. Since it is through public knowledge that
himself and his client got to know about the statement and their misunderstood
version; it is also reasonable that we address the issue and disabuse their
minds through same medium. We feel
saddened that what the duo of Femi Falana and his client erroneously thought to
be the odd item in the statement was what they cared most and not our
solidarity statement. We are not dampened a bit; instead, it is Aluta Continua,
Victoria Acerta!
On the other hand, Mr. Femi Falana’s efforts in seeking to
upturn the unjust verdict of Brig-Gen Ransome-Kuti as contained in his letter
to the Chief of Army Staff, dated 19th October 2015 are very commendable and
gladdened our heart. We join him in demanding for immediate release pending
appeal of Brig-Gen E.A. Ransome-Kuti and reversal of the unjust military
verdict at the Appellate Court. We are also in total agreement with Mr. Femi
Falana, SAN, over his position in the said letter to the effect that: “in its
judgment delivered on Thursday, October 15, 2015, the SCM which had earlier
held that Brig-Gen Ransome-Kuti took the right decision by withdrawing his
troops from Baga in the circumstance in which he found himself turned round to
find him guilty on the 2 charges and sentenced him to dismissal from service in
respect of the charge of failure to perform military duties and 6 months
imprisonment in respect of the charge of miscellaneous offences relating to
property”.
We see this as a total judicial miscarriage and incoherent
with the principles of the rule of law, which must be reversed by the Appellate
and Apex Courts. For the avoidance of doubt, attached is the letter from Mr.
Femi Falana, SAN, to the Chief of Army Staff, dated 19th of October 2015 and
titled: Request For The Release Pending
Appeal Brig-Gen E.A. Ransome-Kuti (N/8301). It is attached for the purpose of
adding flavor to campaigns for reversion of the unjust jail term and reinstatement
of Brig-Gen Ransome-Kuti.
Singed:
Emeka Umeagbalasi, B.Sc., Criminology & Security Studies, M.Sc.
(Candidate), Peace Studies & Conflict Resolution
Board Chairman, International Society for Civil Liberties & the
Rule of Law
+2348174090052 (office)
emekaumeagbalasi@yahoo.co.uk, info@intersociety-ng.org
Obianuju Igboeli, Esq., LLB, BL, Head, Civil Liberties & Rule of
Law Program
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