National Assembly Has Constitutional Power to Invite President, By Femi Falana

Last week, both houses of the National Assembly had cause to review of the worsening security situation in the country. At the end of the deliberations the members of the House of Representatives unanimously resolved to invite President Muhammadu Buhari to address them on the state of the nation with respect to the huge fund […]

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Legal Competence of Panels on Police Brutality, By Femi Falana

At the emergency meeting of the National Economic Council held in Abuja on October 15, 2020 the members unanimously resolved to institute judicial commissions of inquiry to deliver justice for all victims of the dissolved Special Anti-Robbery Squad (SARS) and other police units. The judicial panels to be set up in all the states, would […]

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Official Mishandling of the #EndSARS Protests, By Femi Falana

In my first year at the University of Ife (now Obafemi Awolowo University) I took part in the “Ali Must Go” Protest of 1978. It was a popular protest against the commercialisation of education by the Olusegun Obasanjo military junta. Since then, I have participated in many protests against military and civilian dictatorial regimes in […]

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Illegal Powers of AGF and Govs to Detain, By Femi Falana

The Criminal Ordinance imposed on conquered territories by the British colonial regime provided for the detention of people at the pleasure of His Majesty, the King of England. The few traditional rulers who challenged the ruthless exploitation of the resources of the territory of Nigeria and particularly the monopoly of coastal trade by foreign business […]

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Illegality of the National Water Resource Bill 2020, By Femi Falana

Sometime in 2017, the Buhari administration forwarded the National Water Resource Bill to both chambers of the National Assembly with a request that it be passed into law. The bill which sought to transfer the control of water resources from states to the Federal Government was rejected by many Nigerians. Hence, it was dumped by […]

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Foreign Loans, Sovereign Immunity, By Femi Falana

Clause 8 (1) of the $400 loan agreement signed by Federal Ministry of Finance (Borrower) on behalf of Nigeria and the Export-Import Bank of China (Lender) on September 5, 2018, provides that: “The Borrower hereby irrevocably waives any immunity on the grounds of sovereign or otherwise for itself or its property in connection with any […]

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I did not receive N28m from Magu ―Femi Falana

Lagos lawyer and rights activist, Mr. Femi Falana SAN, has denied receiving the sum of N28m from the suspended Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu, who is being investigated for corruption allegations by a special presidential panel. Falana, in a pre-action letter signed by his lawyer, Adeyinka Olumide-Fusika […]

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Supreme Court also sits as a High Court (II), By Femi Falana

It is pertinent to note that the aforementioned Justices of the Court of Appeal carried out the extrajudicial duties assigned to them by state governors pursuant to the fiats received from the President of the Court of Appeal. It is on record that at the end of such enquiries, the Justices resumed duties in their […]

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Supreme Court Also Sits as a High Court!, By Femi Falana

In the judgment of the Supreme Court of Nigeria delivered on May 9, 2020 in the case of Ude Jones Udeogu v Federal Republic of Nigeria (unreported Appeal No SC. 662C/2019), section 396 (7) of Administration of Criminal Justice Act, 2015 was declared illegal and unconstitutional. The section had empowered a newly appointed Justice of […]

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Why Pre-Election Cases Must Be Decided Before Polls (2), By Femi Falana

Since section 285 (6) and (7) of the Constitution provides that a court in a pre-election matter shall deliver its judgment within 180 days and an appeal arising therefrom shall be determined within 60 days from the date of filing the appeal, it is submitted that any of the parties involved in the Bayelsa State […]

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Why pre-election cases must be decided before polls (1), By Femi Falana

In a unanimous judgment delivered on February 14, 2020, the Supreme Court of Nigeria sacked the Bayelsa State Governor-elect, David Lyon and his Deputy, Biobarakuma Degi-Eremieoyo who had run on the platform of the All Progressive Congress. The judgment was nullified on the grounds that Degi-Eremieoyo presented false information to the Independent National Electoral Commission […]

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Legal Framework for Policing in Nigeria, By Femi Falana

Against the background of the gross abuse of police powers in the northern and western regions in the first republic the drafters of the 1979 Constitution recommended the establishment of the Nigeria Police Force for the entire federation. In order to justify the aberration it was said that single police is not inherently incompatible with […]

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On Monday, DSS sends another delegation to apologise for court invasion -Femi Falana

Human rights lawyer, Femi Falana SAN says Nigeria’s Department of State Services (DSS) sent a delegation to the court on Monday, December 9, to apologise for the invasion by its operatives during the re-arrest of Sowore. Speaking at the Wole Soyinka Award for Investigative Reporting event in Lagos, Falana said the delegation visited the court […]

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Nigerian govt plans to transfer Omoyele Sowore to prison -Femi Falana

Rights activist, Femi Falana SAN has raised a fresh alarm on plans by the Department of State Services to transfer detained activists, Omoyele Sowore and Olawale Bakare popularly known as Mandate, to solitary confinement at a correctional center. Sowore’s lead defence counsel revealed this in a letter dated December 1, 2019 and addressed to the […]

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Sowore’s court-ordered detention will be challenged –Femi Falana

Whether or not it is constitutional for a judge to order the detention of a citizen for 90 days as provided under the Terrorism Prevention Act, activist and lawyer, Femi Falana SAN said yesterday that it is time to find out. The senior lawyer said the detention of the convener of #RevolutionNow protests, Omoyele Sowore, […]

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Unequal Criminal Justice System, By Femi Falana

The Economic and Crimes Commission (EFCC) has secured 312 convictions and recovered assets worth N11.5 billion. In the first quarter of this year the EFCC recorded 192 convictions and recovered assets of N117 billion. It is indisputable that the rate of convictions has increased due to the Administration of Criminal Justice Act which has provided […]

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APC indicts itself by claiming that Atiku is a Cameroonian -Femi Falana

Lagos lawyer and activist, Femi Falana SAN, has mocked the position of the All Progressives Congress (APC) on the nationality of Atiku Abubakar, Nigeria’s former vice president. He spoke at the weekend during a press freedom conference organized by the Premium Times Centre for Investigative Journalism (PTCIJ). Atiku and the Peoples Democratic Party (PDP) are […]

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APC Govt Has Turned Nigeria to Banana Republic -Femi Falana

A human rights lawyer, Mr. Femi Falana at the weekend said President Muhammadu Buhari had turned Nigeria into a banana republic, citing prevailing cases of banditry, insurgency and violence that beclouded the country. Falana, a Senior Advocate of Nigeria (SAN), added that Buhari’s civilian administration was apparently worse than the military rule he presided over […]

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