₦airaland Forum

Please find below  a reproduced copy of an Open Letter to Nigerian Bar Association
By Oguchi Nkwocha, MD,
Moderator, Biafra Actualization Forum

(Tuesday, November 29, 2005)
Comments To Dr. Oguchi Nkwocha



"In just one week’s period, the Legal and Justice system in Nigeria has been laid wide open for the world to see."



Oguchi Nkwocha, MD
Moderator, Biafra Actualization Forum
November 15, 2005




Nigerian Bar Association
Plot 1261 Adeola Hopewell Street
Victoria Island, Lagos
Lagos State, Nigeria


Sirs:

I write on behalf of the Biafra Actualization Forum to point out certain facts which have a bearing on the practice of law in Nigeria, how the Nigerian Bar Association may be perceived outside of Nigeria, and how the Nigerian Justice system itself is viewed. These facts are drawn from two recent events as reported in local Nigerian Newspaper(s). Do, pardon my method of submission and communication for I am ignorant of any special formats for this process.

The first event has to do with a recent statement credited to the Delta State Commissioner of Police whereby he announced to the public and to the Press that henceforth, MASSOB (Movement for the Actualization of the Sovereign State of Biafra) members found in his State will be treated as “armed robbers.” Clearly, even he understood and understands that MASSOB members are not armed and are not robbers; as such, the Commissioner of Police has already signaled and telegraphed the intent of the police under his command to use false and trumped up charges against innocent parties. Since the practice of the Nigeria police is to summarily execute armed robbers without arrest or trial, the implications are that MASSOB members in Delta State will be routinely shot and killed by the Nigeria Police on sight, without accountability, and on false pretense by the Nigeria Police.

We believe that the Attorney-General of Nigeria should have investigated this statement and that such a high ranking Nigeria Police official should be disciplined for this statement and forced to relinquish his post and duties, and probed for previous such actions. We believe that since even the Attorney-General of Nigeria has not reacted to this matter, the Nigeria Bar Association ought to go on record to set things right.

The second event involves the same Delta State Commissioner of Police, and is contained in the same report. The Commissioner was parading a prisoner, one Igwe Clement of Akwuru quarters, Mc-Dermot Road, Warri, a member of MASSOB, who was arrested for possession of Biafra money, by the Commissioner’s own admission, in October (presumed October 2005), in Warri. From the Commissioner’s account, this prisoner was never charged to court, never convicted, but has remained a prisoner of the Nigeria Police since October, being dragged about and paraded before the public and before the Press by the police. There exists International law against such parading, humiliation and dehumanization of prisoners.

We believe that this is a gratuitous display and humiliation of a human being, by the same Delta State Commissioner of Police, and by itself, is a contravention of International laws. The fact that for at least several weeks, this prisoner of the police has not been charged to court is another contravention of even the laws of Nigeria. If the Attorney-General of Nigeria is not responding to these acts of the police which clearly are contrary to the law, it is the professional and moral duty of the Nigeria Bar Association, we believe, to take the Nigerian legal system to task and perhaps, dissociate itself from such practices. The Delta State Commissioner of Police should also be recommended to face trial at the International Court of Justice for this brazen and unlawful act.

The next several events are taken from the recent abduction and imprisonment of Ralph Uwazurike, the leader of MASSOB, and six other members of MASSOB, and their legal treatment while in the custody of the abductors, the Nigeria State Security Services (SSS). The facts are bulleted below:


. Ralph Uwazurike was imprisoned for 13 days by the Nigerian SSS in the SSS’ cells before he was arraigned in court for charges. We do not know how long it was for the other six, but they were similarly imprisoned.
None of the seven were allowed to see their lawyer (nor a doctor, nor family members or friends for that matter) during that time

. The seven were arraigned in a court of law without a defense counselor, because the SSS had specifically refused them even their own legal counsel provided by MASSOB.

. The seven reported to the judge that they were “maltreated, detained underground and chained” in SSS cells, even though they are not known to be dangerous. Nothing was done by the judge about this.

. Based on this inhumane treatment, the seven requested that the judge order— not their release, not bail, but—a transfer to prison cells; but the judge “ignored” their request.
. It was the Attorney-General of Nigeria himself who personally formally entered the charges against these seven persons in that court, even with the full knowledge of the above facts regarding the treatment of the prisoners.

. All this, in the face of an active injunction by an Owerri High Court against the arrest and harassment of the MASSOB leader and members of MASSOB.

We have given you the facts from the second event, facts which are easily corroborated by reports in local Nigerian Newspapers and we have enclosed electronic copies. We believe that the Attorney-General of Nigeria, who is first and foremost, a lawyer, and who is (we presume) a member of the Nigeria Bar Association, has not acted professionally by his willing and knowing participation in a process such as the above, a process that contravenes basic legal codes and jurisprudence. We believe that it is up to the Nigeria Bar Association to speak for legal justice in this event.

In just one week’s period, the Legal and Justice system in Nigeria has been laid wide open for the world to see. What we see is bad and ugly, a huge travesty. If no one else and no group else in Nigeria speaks up, at least, the Nigeria Bar Association should, because, ultimately, a collective blemish resulting from this will also tarnish the image of the Association. Yet, this is not the worst thing that could happen: a worse effect is the unnecessary and brazen victimization of human beings whose only offence now is to be found in Nigeria.

We strongly urge you to take a professional stand and action on this matter, for the sake of the victimized persons caught in the legal web, trap and nightmare that is the Nigerian Justice System.

Sincerely:

Oguchi Nkwocha, MD
Moderator, Biafra Actualization Forum

Copy:

Biafra Actualization Forum (BAF).

//enclosures

Obasanjo wrote to Blair for what?
OBJ you are on your own.........
You know Tony will never support you for your third term bid.
When MKO won election.you said he was not the Messiah..
You are indeed the luckiest President in Nigeria.
In your first term providence threw the presidency[with the death of MM] on you.
Second time around, Some one layed down [MKO] his life for you to be dressed in presidency clothings.
Please dont push your luck too far.

Please permit me to quote SENATOR KANTI BELLO (All Nigeria Peoples Party, Katsina State),  the vice chairman, Senate Committee on Power and Steel who in an interview published in NEW AGE NEWSPAPER of Monday 28th November 2005 said of President Obasanjo -

''........Look at some of his men like Professor Jerry Gana and the late Muhammed Waziri
who came to the National Political Reforms Conference and tried to smuggle in
a new constitution through the back door.

People are becoming jittery and suspect.
There is no confidence in what is happening.
But let me assure you of one thing, to me,
President Obasanjo is just like a big bull with a mad cow disease in a Chinese shop''.

My simple question is where do we start the crusade?
We need a sincere and total fight against Corruption to cleanse Nigeria.
Let the healer heal himself first. I appreciate the fight against Corruption, but my question is why is this only against a particular group of ''bad boys''
Let Baba Iyabo tell Nigerians how much salary he earned and saved to Acquire That Otta Farm which he owns.
Interestingly too, before May 1999, the Otta Farm Project was completely dead and unheard of.
Where did Baba raise the money he injected into it, that revamped the farm to the position that it is now?
Abi we have forgotten the recent exposure of the fraudulent sales of 207 choice properties of federal government at Ikoyi, Lagos. Why didn't EFCC arrest ''Madam and her people'' and not Baba merely revoking it?
Ribadu were you temporary deaf at the time Or you travelled out of the Country? Answer me.

Amebos said five of the beneficiaries were direct relations (brothers, sisters and in-laws) of our late First Lady , while others include ''favoured '' top government officials, serving ministers, governors and senators.
Does the name Tony Anenih ring a bell in your ears? ,
Please someone ask EFCC if they are not aware of the disappearance of over 300 billion Naira (US$ 2.25 billion) meant for federal road construction and maintenance under his nose as Minister of works. Or is this the case of touch not my anointed?
Why does EFCC act like the Vulture by going after ''dead prey'' - Those out of Baba's favour?.
I thought EFCC has no fear or favour.
We leave them to their conscience, which Othman Fodio says is an open wound.

nigeria and corruption
« Sent to: conscience on: Today at 05:42:51 PM »     

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hi,
who is fooling who in nigeria?as for me ,i think the efcc is doing nothing .it's just an organised body meant to protect certain peoples interest.have u asked yourself where all the money they recover go to?
for nigeria to be freed from corruption,we need to arrest every corrupt person that has tasted power and we certainly know themand we know them.

                 no be me dey talk na my mouth


This post was sent to my mail box by a nairalander.
Speak out and be damned!

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Forget about ''Born again'' in the Nigerian context.
It is not Church or denomination that clothes you with righteousness.
Just go ahead and love your enemies more than yourself.
Give and share all that you have with the least of your ''brothers/sisters''
That should be your yardstick for holiness and seeing God.
An uphill task you will say.
May God shine his light upon you in Jesus name................
Say Amen to that.

demmy:
Odeku of course he is not the only thief but that is secondary. The issue here is he was a thiefing police boss and got his punishment deservely lesser but punishment nonetheless. Because we can't bring ALL Nigerian thieves to justice shouldn't constitute bringing NOBODY to justice. Lets see the positive side of this.

Balogun now that you have been sentenced write your memoirs on ''How PDP did not Win 2003 general  Election'' [but for you and your  vigilant boys, including those who are now calling you ''Oleh''].
Oya go ahead and sing like Canary bird, and shame those who have thrown the first stones or have they negotiated with you to ''Zip it'' for the light sentence you got?
It will make a good sell to recoup all that ''your enemies and Cankerworms/caterpillars '' took from you

Nigerians tell me what <snip> Ribadu and EFCC stand for? 

We seem to have very shallow memory of the past.  Have we forgotten Powerful Mustafa, Alhaji Alhaji, Tafa Balogun for 2003 Elections, and a lot of others used and dumped?

I am just sick with this selective fight against corruption.  Its the case of fearing the Owl in the day time and backing it at night on a frolick.

How many Governors and Ministers are not manifestly corrupt?  How much money is controlled by the Federal Government year in year?  Despite the stupendous wealth of Nigeria, what is the state of the Roads, Power/Energy, Education and health sector, Transport, employment, Housing, Food etc.  Where has the money budgeted for these sectors gone to? Dont tell me Alasco the Magic boy/bail jumper stole all that too.

I will have respect and confidence in EFCC if it is reported that it has through their usual unconstitutionally and inhuman  approach arrested the following people:
1. 36 Governors of the states
2. All the Policemen in Nigeria.
3. All the past military rulers and those who held political offices since after military take over
4. All the Customs and Immigration officers and men
5. All the Wive[s] of the President and Governors and their Deputies.
The list is endless, as all this fire brigade tension will soon pass.

I beg put me down, because I am not wearing pant.