Connect with us

Africa

I May Die In DSS Custody Over Health Issues, Nnamdi Kanu Tells Court

Published

on

In June, the IPOB leader was abducted in Kenya and extradited to Nigeria to face treason charges.

The Indigenous People of Biafra (IPOB) leader and Radio Biafra Director, Nnamdi Kanu, has sued the Nigerian government over his continued detention at the national headquarters of the Department Of State Services.

In June, the IPOB leader was arrested in Kenya and extradited to Nigeria to face treason charges.

He was subsequently arraigned and brought before Binta Nyako, a Judge of the Federal High Court in Abuja, who asked him to be remanded at the DSS custody.

Kanu is facing charges bordering on treasonable felony instituted against him at the court in response to his agitation for the Republic of Biafra.

He was granted bail in April 2017 on health grounds but skipped bail after disregarding some of the conditions given to him by the court during an attack by the military in his family house.

However, in a suit filed at the Federal High Court in Abuja through his lawyer, Ifeanyi Ejiofor, the IPOB leader prayed for a court order “directing the transfer of the Applicant from the custody of the National Headquarters of the State Security Service to the Nigerian Correctional Service Centre in Kuje, Abuja, within the jurisdiction of this Honourable Court, where he was initially detained before he was granted bail, pending the determination of the charge.”

His lawyer also sought an “An order of this Honourable Court directing the Defendant/Applicant’s custodian, to grant access to his medical experts/doctors to carry out a comprehensive independent medical examination of the defendant/applicant’s health condition/status, while in custody.”

Kanu added that he might die if his health condition is not addressed promptly.

Read the text of the charges below:

“That this charge NO. FHC/ABJ/CR/383/2015 came up on 29th June 2021 and the Applicant was brought before the Court in Chains, handcuffs and leg-cuffs, blindfolded, and was consequently remanded in the custody of the State Security Service, even though there was no legal representation for the Defendant, and the matter was therefore adjourned to the 26th day of July 2021 for trial.

“That the Counsel to the Applicant was not served with any hearing notice before the appearance of the applicant in Court, neither were they aware that any action was scheduled to take place in the criminal charge NO. FCH/ABJ/CR/383/2015 on that 29th June 2021.

“That on 30th June 2021, the Applicant’s Solicitors formally wrote to the State Security Service to allow the Applicant solicitors have access to the Applicant. A copy of the said letter is hereby attached and marked as Exhibit MNK 1. That on 2nd July 2021, at about 12:32pm, the State Security Service called me to inform me that our request to visit the Applicant has been approved and that I should come by 4:00 pm to see Defendant.

“That on the said 2nd July 2021 at about 5:00pm, at the State Security Headquarters, in Abuja, the Applicant informed me of the following facts which I verily believed to be accurate and correct as follows; That he was kidnapped and/or abducted by Kenyan Security Forces on 19th June 2021, specifically at Nairobi Airport.

“That he was detained by the personnel of the Kenyan Police Force for eight days, and was throughout this period of detention subjected to all forms of inhuman treatment, brutal torture, causing grave and severe heart problem that almost took his life. That he was detained in an unconventional facility, not necessarily a police detention center in Kenya.

“That throughout this detention in Kenya, he was never allowed access to his relatives before he was handed over to their Nigerian Security counterparts who smuggled him into Nigeria in clear violation of his rights. That since he was smuggled into this country on 27th June 2021, he has been kept in solitary confinement without access to his family members, relatives, wife, cousins, and children, except his lawyer, who only visits after they must secure the approval and endorsement of the Director-General of the State Security Service, which approval are not usually granted as a matter of course.

“That he is still being subjected to mental and psychological torture by his custodians, on account of the conditions of his solitary confinement. That an ECG examination was carried out on the Defendant, and it was discovered that the Defendant’s heart had been enlarged by more than 13%, posing a serious threat and danger to Defendant’s life.

“That there is a need for the Defendant to have access to his Medical Doctors to avert the danger looming against the life of the Defendant. That the health personnel attending to the Defendant in the custody of the State Security Service is not adequate considering the circumstances of the Defendant’s health condition.

“That the Defendant requires the services of his medical experts as his medical records issued by the Chief Cardiologist of Nairobi Hospital who has the Defendant’s medical records, mainly, before the arrest/abduction of the Applicant shows a debilitating medical condition. Copies of these medical records showing the Applicant’s subsisting health condition are hereby attached and marked as Exhibit MNK.

“That if the health condition of the Defendant is not addressed most promptly, the Defendant may die in custody, even before his trial. It is essential that the Defendant’s Medical Experts/Consultants be allowed to carry out proper, thorough, and independent medical examinations of the Defendant to save the Defendant’s life.

“That the Defendant needs regular medical observation/attention by the Defendant’s Medical specialists/Consultants in Cardiology. That the Defendant’s Medical Specialists (including the Chief Cardiologist of Nairobi Hospital) in Kenya have his complete medical records that will easily aid the examination of the Defendant and treatment thereof.

“That the Defendant undertakes to bear any cost incidental to getting the medical experts to attend to his ill health while in custody. The defendant can only be alive to stand his trial, which cannot be guaranteed because of his rapidly deteriorating health situation.

“The Defendant cannot effectively put up a defense to the charge against him, in his present deteriorating health condition. That I know that upon the arraignment of the Applicant, this Honourable Court in its wisdom initially remanded the Applicant in Kuje Correctional Service Centre, where he was held for almost two years before bail was consequently granted to the Applicant.

“That for the almost two years the Applicant was in custody in Kuje Correctional Facility, there was never any complaint about any form of misconduct against him. That the State Security Service is not a detention Centre, neither does it have the requisite custodial facilities to enhance the conditions of the occupants/inmates.

“That the Nigerian Correctional Service Centre is an impartial facility that has no interest whatsoever in the outcome of this charge. That the Nigerian Correctional Service Center is the only body statutorily empowered to keep custody of persons facing criminal trial in courts, hence, the necessity to transfer the Applicant to the Nigerian Correctional Service Center Kuje.

“That it will serve the interest of Justice and enhance fair hearing for this Honourable Court to transfer the Applicant from the State Security Service to the Nigerian Correctional Service Centre in Kuje, Abuja within the jurisdiction of this Honourable Court.

“That the Applicant has very limited access to his lawyers, who can only visit him after the approval of the Director of the State Security Services has been first sought and obtained, which said approval in most cases, takes days and that the above situation would greatly impede the Defendant’s preparation for his defense to the charge against him.

“That the favorable consideration of this application is compelling in the circumstance of the present Notice for the resumption of the Court’s Annual vacation, which would affect the hearing on the substantive charge already slated for the 26th Day of July 2021. That fair hearing can only be guaranteed when the Applicant is not remanded in the custody of his accusers.

“That it is a fact that Justice must not only be done but must be seen to be done. That it will greatly aid and serve the interest of Justice if this application is granted. That the respondent will not be prejudiced by the grant of this application. That I depose to this affidavit in good faith believing same to be true and correct and in accordance with the oath Act.”

No date has been fixed for the hearing of the case.

Culled from the Sahara Reporters

Africa

Kanu drags Nigeria, Kenya to African rights commission, seeks return to UK

Published

on

Leader of the Indigenous People of Biafra, Nnamdi Kanu, has dragged the Federal Government of Nigeria and the Kenyan Government to the African Commission on Human and Peoples’ Rights based in Addis Ababa, Ethiopia, over the alleged violation of his fundamental human rights by the two governments.

Kanu, through one of his lawyers, Aloy Ejimakor, also demanded to be returned to the United Kingdom.

Ejimakor, in a statement on Monday titled, ‘Re: Mazi Nnamdi Kanu’, said the IPOB leader demanded accountability over his extradition to Nigeria from Kenya.

The statement partly read, “Jurisdiction lies with the Commission because Nigeria and Kenya are State Parties to the African Charter; and Nigeria even took a step further to domesticate the Charter, thus making it part of her municipal laws.

“Both countries also have extradition laws that prohibit this sort of reprehensible conduct that saw Kanu to Nigeria.

“More particularly, extraordinary rendition is expressly prohibited under the African Charter, where It provides in pertinent part that “A State may not transfer (e.g. deport, expel, remove, extradite) an individual to the custody of another State unless it is prescribed by law and in accordance with due process and other international human rights obligations. Extraordinary rendition, or any other transfer, without due process, is prohibited”.

“A victim of extraordinary rendition is entitled to remedies mandated by the Charter.

“Therefore, among many other reliefs, I requested that Kanu be restored to his state of being before the rendition, which state of being was that he travelled to Kenya on his British passport and was duly admitted as such and as a free man.

“Further, that no valid territorial jurisdiction can issue from an act of extraordinary rendition because Kanu is, technically speaking, still in Kenya.

“And that the Nigerian bench warrant standing against Kanu is, in the absence of any successful extradition proceedings in Kenya, invalid to arrest in Kenya.

“I also requested the Commission to adopt other urgent measures as the Commission sees fit in the circumstances to protect Nnamdi Kanu in the interim. A fact-finding visitation to Nigeria is also in reckoning.”

Recall that the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), at a press briefing in Abuja on June 29, 2021, announced that the IPOB leader was arrested in a foreign country and extradited to Nigeria.

Kanu, who was born on September 25, 1967, is a holder of Nigerian and British passports. He had earlier jumped bail in June 2018 before leaving for the United Kingdom though he said that he fled because his life was no longer safe in Nigeria.

Upon his re-arrest and extradition in June 2021, he was re-arraigned before Justice Binta Nyako for terrorism-related charges and has since been remanded in the custody of the Department of State Services in Abuja.

The media had earlier reported that Kanu was absent from court when his trial resumed at the Federal High Court Abuja on Monday.

Justice Nyako, therefore, stated that the trial could not continue in the absence of Kanu since he was not available to stand his trial.

The judge also did not attend to the prayer of Kanu’s lawyers that the court should grant a pending application before it to transfer Kanu from the custody of the DSS to a correctional centre in Abuja.

Justice Nyako subsequently adjourned the trial of Kanu to October 21, 2021, for continuation of hearing.

Culled from the Punch News Nigeria

Continue Reading

Africa

Nigerian Government Must Explain How Nnamdi Kanu Was Arrested From Kenya – UK Parliament

Published

on

The UK Minister of State for the Commonwealth, Lord Tariq Ahmad, demanded that the Nigerian government should explain to the British government how it repatriated the IPOB leader.

The United Kingdom Parliament has stated that the Nigerian government has to explain the roles it played and the manner of the arrest of the leader of the Indigenous People of Biafra, Nnamdi Kanu, from Kenya.

The UK Minister of State for the Commonwealth, Lord Tariq Ahmad, demanded that the Nigerian government should explain to the British government how it repatriated the IPOB leader.

This followed a debate by the UK Parliament on July 7, during which British lawmakers discussed the UK government’s assessment of Kenya’s role in Kanu’s arrest.

Lord Alton of Liverpool raised the issue at the House of Lords, seeking to address the controversies surrounding the transfer of Kanu from Kenya to Nigeria against his will.

He also sought to know if there was any assistance provided to the embattled IPOB leader by the High Commission in Abuja.

A parliamentary schedule stated, “Lord Alton of Liverpool to ask Her Majesty’s Government what assessment they have made of (1) the alleged role of the government of Kenya in the detention and alleged mistreatment of Nigerian activist Nnamdi Kanu, (2) the circumstances surrounding the transfer of Kanu to Nigeria against his will, and (3) of any assistance being provided to him by the High Commission in Abuja. HL1665.”

In response to the parliament’s debate, Ahmad said, “We are seeking clarification from the Nigerian Government about the circumstances of the arrest and detention of Nnamdi Kanu.”

Ahmad also confirmed claims by the British High Commission in Abuja that the UK government was providing consular assistance for the IPOB leader.

“The UK has requested consular access to Kanu from the Nigerian government, and we stand ready to provide consular assistance,” he maintained.

While the Buhari regime has refused to disclose how it repatriated the IPOB leader from Kenya, the UK government had clarified that Kanu travelling with a British passport was not arrested within its shores.

IPOB had also accused Kenya’s special police force of arresting, detaining, and torturing Kanu before the authorities handed him over to the Nigerian government.

But Kenya, through its high commissioner to Nigeria, Wilfred Machage, refuted the claim, stating that the East African Country was not involved in the whole process.

But findings by The Guardian, a UK newspaper, indicated that he was arrested in Kenya, as Kanu’s UK passport remains in Kenya.

He was said to have entered Kenya this year with his British passport on a visa expiring in June, the newspaper reported.

Also, Kingsley Kanu, a brother to the British-Nigerian citizen, insisted that the Kenyan government was involved in the arrest.

Culled from the Sahara Reporters

Continue Reading

Africa

Dangote Refinery: A Grounded Disaster and Nigeria’s Disgrace

Published

on

It was hailed as the best thing to happen in the oil and gas sector especially in Nigeria – a serial importer of crude products. The year was 2013 and in September of that year, Aliko Dangote, Africa’s richest man, announced yet another of his gargantuan projects – the construction of the biggest single train refinery in the world with production expected to begin in 2016. Many delays and postponements later, the project has been bogged down by barely serviceable debts, poor planning, lack of centralized project management, mismanagement and has now become a huge albatross on Nigeria’s neck costing the country lots of FX and creating huge problems in return.

VALUATION

A project that started as a 9billion dollars project is now being valued at over 16 billion dollars, albeit incorrectly. Sampling expert opinion from leading players in the oil & Gas industry, it is estimated that a refinery of that size should ideally cost within the range of 11 to 12 billion dollars to build in Nigeria. Notwithstanding the conflicting figures, it was recently announced that the Nigerian National Petroleum Corporation, NNPC, will be taking a 20% stake in the uncompleted, non-functional Dangote Refinery at the cost of 3.8billion dollars. Whilst this baffled many, NNPC’s actions effectively over-valued the yet to be completed refinery to 19billion dollars.

PROJECT DELAYS OR PROJECT DELAY-ED

As at last count, the completion of the refinery had been moved eight times. Whilst some might say this is in character for Dangote Industries and their numerous projects across different sectors, the problem is deeper rooted. A contractor at the delayed refinery project, speaking under the condition of anonymity said that poor planning, underpayment of contractors, and a lack of proper project management with over 40 contractors on site has led to most of the delays. He also added that of the 40, none is willing to commission as there is no clear delegation of duty and over-decentralization leading to absolute chaos.

With these incessant delays, Banks are already calling in their loans. At the announcement of the project in 2013, Mr. Dangote said he had secured financing of 3.3billion dollars. This debt burden has now risen to 7billion dollars with debt servicing of almost 700million dollars per annum. Whilst Mr. Dangote has been able to restructure the facilities from various local and international banks twice so far, most banks have totally refused to restructure for the third time with principal repayment also falling due – as well as the annual interest payments.

Things have gotten so bad for the billionaire that even income from his other businesses are barely enough to cover the interest rates talk less of the principal. This has led Mr. Dangote to seek innovative ways, including state capture, to prop up his business now that the refinery project has been consistently delayed and he has run out of money to repay. Enter the NNPC Connection, Nigeria’s controversial PIB Amendment and the Crude Swap Saga.

THE NNPC CONNECTION – BAILING OUT THE UNBAILABLE

After taking FX at concessionary rates from the CBN, Nigeria is inexplicably tied at the apron strings to Mr. Dangote’s now-threatened refinery. Estimates by professional industry analysts and those close to the project put its completion date in 2024 or 2025.

Recently, the NNPC announced, under some obscure arrangement, that it was taking a 20% equity in the Dangote refinery at 3.8billion dollars. The NNPC was later to explain that it was giving only 1 billion in cash and the balance in crude.

Whilst this is a welcome development, Mr. Dangote will have a hard time doing anything tangible with the 1billion dollars cash which is barely enough to cover one years’ interest. With some principal payments falling due and the banks’ unwillingness to restructure in the face of an estimated completion timeline of 2024 at the earliest, Messrs. Dangote will need at least 3 to 4 billion to complete the project over the next few years even with this bailout. Both the way the refinery project has been carried out, and this subsequent NNPC bailout for Dangote refinery has turned Nigeria into a laughingstock on the global stage.

As for the controversial PIB bill currently before the Nigerian National Assembly, it is now clear to keen watchers that the reason the government wants to give a monopoly of importation for petroleum products into the country to Messrs. Dangote is so he can make the excessive and extra profits he needs to manage his rising debt profile for the refinery (under the guise of ongoing refinery projects). Guess who will bear the brunt of the higher costs in petroleum products at a time when subsidies are being reduced? The Nigerian people.

With his refinery project costs way overboard, banks breathing down his neck and NNPC’s strange bailout seemingly meagre to take care of the principal and interest payments for his debts, is the Dangote Refinery a dead project even before it is completed, or will time be kind and permit the completion of this project to which Nigeria has mortgaged huge FX from its treasury to see it kick off in good time? The chicken has come home to roost, it may seem.

Finally, with the one billion dollars going towards the repayment of principal and interests which are falling due in August, the manipulations by NNPC and politicians at the National Assembly has now become clear for all to see… As it stands, some government agencies and politicians are more than willing to mortgage the interests of the nation and masses to bail out the unbailable refinery project. Welcome to the Republic of Dangote!

Culled from the Investoreel

Continue Reading

Trending

%d bloggers like this: