Why it is Illegal to Declare IPOB a Terrorist Organisation

By Festus Ogun

The Defence Headquarters has labelled the Indigenous People of Biafra (IPOB) a "militant terrorist organisation". This was made known yesterday in Abuja in a statement by Gen. John Enenche,the Director, Defence Information.

The IPOB is an organisation that got its mandate from the Constitution. Section 40 of the 1999 Constitution of the Federal Republic of Nigeria provides amongst other things that: "Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests." From the forgoing, it is unarguable therefore that Nnamdi Kanu and his IPOB members acted in the spirit of law for setting up such an organisation. The Constitution freely grants to the citizens the right to peaceful assembly and association.

Having established that the IPOB acted constitutionally in establishing the organisation, the next question is: how is it a terrorist group? Does our law allow for freedom to establish terrorist association under Section 40? For the last question, the answer is in the negative.

There is no general definition for terrorism. Even Terrorism Prevention Act, 2011 does not even define what terrorism is as a concept. It only described an "act of terrorism". However, the statutory definition of terrorism is found under Section 46 of the Economic and Financial Crimes Commission (Establishment) Act, 2004 thus:

"(a) any act which is a violation of the Criminal Code or the Penal and which may endanger the life, physical integrity or freedom of, or cause serious injury or death to, any person, any number or group of persons or causes or may cause damage to public property, natural resources, environmental or cultural heritage and is calculated or intended to -
(i) intimidate, put in fear, force, coerce, or induce any government, body, institution, the general public or any segment thereof, to do or abstain from doing any act or to adopt or abandon a particular standpoint, or to act according to certain principles, or
(ii) disrupt any public service, the delivery of any essential service to the public or to create a public emergency, or
(iii) create general insurrection in a state.
(b) any promotion, sponsorship of, contribution to, command, aid incitement, encouragement, attempt, threat, conspiracy, organisation or procurement of any person, with the intent to commit any act referred to in paragraph (a) (i), (ii), and (iii)."

As much as this definition attempts to determine whether IPOB is a terrorist group or not, the main issue for determination in this piece is to consider the legality of the procedure of its procedure. From there, determining IPOB's status of terrorists can continue.

There are laid down procedures by which an organization can be labelled for terrorism in Nigeria. Whether The Defence Headquarters have followed the rules is both a question of fact.

Section 2(1)(c) provides that setting up or pursuing acts of terrorism the judge in chambers may on an application made by the Attorney General of the Federation, National Security Adviser or Inspector General of Police on the approval of the President declare any entity to be a proscribed organisation and the notice should be published in official gazette.

Obviously, The Defence Headquarters hasn't followed the above provision. It therefore follows that the proscription and "terrorization" of IPOB is unlawful and illegal. They have acted beyond their powers. Since we are in a democratic era where the rule of law is in place, the military cannot just wake up and label an organisation with terrorism by issuing out press statement like a military Head of State issuing decree. It doesn't work that way in a democracy. The necessary provisions ought to be followed.

Even in a situation where an organisation is proscribed having followed the due process of law, Section 2(4)(5)(a)(b) provide for an organisation to challenge such proscription in court.

Though, if the definition of a terrorist under section 46 of the EFCC Act and an "act of terrorism" under section 1(2) of Terrorism Prevent Act, 2011 is anything to go by, it requires little or no imagination to discover that the IPOB (with their activities) falls within the context of the definitions. Yet, the required provision under section 2(1)(c) of the Act is significant to the legality of the proscription. The due process was not followed, and so, the IPOB remains yet not a terrorist organisation.

In my humble view, I'll advice the Federal Government to apply more wisdom in this matter rather than labelling a group "agitating" for self determination terrorists. For declaring it a terrorist group will not help matter. It will only succeed in adding fire to the blazing flame.

The government should attempt a round table discussion with the agitators. Let their views be heard. For once the group is legally labelled with terrorism, it will be foolhardy to negotiate with them.Let the talk begin and bet if there won't be positive change.

Nigeria shall be great.

Festus Ogun is a Civil Rights activist and law undergraduate. Contact him via festusogunlaw@gmail.com .

https://ynaija.com/festus-ogun-illegal-declare-ipob-terrorist-organisation/

Why President Buhari should "resign" as Petroleum Minister

By Festus Ogun

President Mohammadu Buhari is the President of Nigeria and the Minister of Petroleum. Please, don't hesitate to right me if I'm wrong.

Nigeria and its government are creations of law and must act within the confines of law. The powers established by the Constitution cannot act as if it is above its creator. The same way man cannot be above God, the creator.

In fact, it is the essence of the rule of law; the legal cum political principle that stipulates the supremacy of the constitution. See Section 1(1) & (3) of the 1999 Constitution.

All executive powers are contained under chapter 6 of the 1999 Constitution. Section 130 establishes the office of the President as "the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation".

Interestingly, however, Section 138 of the 1999 Constitution provides that "the President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever". It is paraphrased as "President disqualification from other jobs" in the Constitution I use here.

There is no iota of doubt in the fact that the Ministers of Federal Government are part of the executive as established and provided for under Section 147.

So, to my understanding, the effect of Section 138 is that the President is not allowed by law to hold any other executive office(s), be it Ministerial or other Establishment of Certain Federal Executive Bodies as seen under Section 153.

Thus, it follows that President Mohammadu Buhari, who is the Minister of Petroleum, has breached the provision of Section 138. Following the rule in Section 138, it is illegal and unconstitutional for the President to hold such other executive position.

The President ought to serve as a very good example for the citizens, particularly in regards to being law abiding. Crossing the fine rubicon of constitutionalism is precarious to our general well being. Lawlessness ought not be condoned in a state created and guided by law. See the popular case of A.G. Abia State. & Ors. V. A.G. Federation.

It is understandable that President Buhari mean well for Nigeria. Yet, his activities should be carried out within the four walls of law. No matter how good his intention is, it must not toe the lane of unconstitutionality.

Answering the question why the issue is being raised at present, I will categorically state that it is better late than never. We've cried thousands times about its unconstitutionality during the period of the appointment. But, Nigerialy, it fell on deaf ears.

Now, it's time for this lawlessness to stop. I pray he respect the law and honourably "step down". For we are all subject to the law!

Festus Ogun

Source: https://mobile.facebook.com/festus.ogun?lst=100003204525283%3A100003204525283%3A1504165716&pn_ref=story&fref=nf&refid=17&ref=opera_speed_dial&_ft_=top_level_post_id.1376713475778790%3Atl_objid.1376713475778790%3Athid.100003204525283%3A306061129499414%3A2%3A0%3A1504249199%3A-6551932895253995291&__tn__=C-R

Sorry, But PDP Never 'Won' Osun-West Senatorial Election

By Festus Ogun

Let me begin this piece by congratulating Senator Ademola Adeleke on his victory. As the saying goes, the harder the battle, the sweeter the victory. The emergence of Senator Ademola Adeleke is infact worth more than the more criticized dance. It was a triumphant entry into the National Assembly.

The rookie Senator was the flag bearer of the People's Democratic Party(PDP). He contested under the political party which was about going into political relegation in Nigeria polity. As much as PDP was widely rejected in the 2015 polls, Adeleke still emerged in a state ruled — and not governed — by the APC. This sends in some serious signals to be discussed herein.

We were taught in Civics that in democratic settings, political parties are voted for and not the candidates. And this is the reason why only names of political parties appear on ballot papers.

However, the case in Osun is different. The PDP never won the election in Osun West but Adeleke did. As much as this appears very illogical, it is the reality we must accept if we want the enhancement of our democracy.

This need be stated in reaction to claims by many chieftains of PDP that the emergence of Senator Ademola Adeleke was the consequence of hard labour put in place by the party leaders and its acceptability amongst the people.

Both Ali Momodu Sheriff and Senator Markafi said "that the victory recorded by the party in the Osun West Senatorial election by Alhaji Nurudeen Adeleke was as a result of hard work."

Many PDP leaders have persistently boasted that the victory is a prophecy of the party's take over of power come 2019.

Unfortunately, all of these are quite far from the gospel truth. It was not PDP that made Senator Adeleke won. It was the ego and the "junta" tormenting spirit in Mr Rauf Aregbesola that made him won. It was the people's will that made him won and not PDP strategies or hard labour.

PDP must resist from self deception — that same attitude that brought about the attempted suicide done to itself in 2015.

It was the expensive error the APC made at the primary that made Senator Adeleke became more acceptable amongst his people. One must not equally forget the "pity votes" casted by the electorates to compensate the deceased, Senator Isiaka Adeleke's family.

The issue of internal democracy is a serious one in any given election. The lack of internal democracy in PDP was one of the reasons the party was swept away from power. The same reason APC was defeated in Osun too.

Infact, the bedrock of democracy is giving its true definition not just at general elections but also at the primaries.

Governor Aregbesola, who hasn't done well to his people and has provoked anger in many by abysmal failure rocking his administration, ensured that his anointed candidate emerged as APC flag bearer at the expense of Senator Ademola Adeleke who was the people's voice. He imposed Mr Mudashiru Hussein on the people of Osun West. He never allowed democracy to prevail.

He never knew that the APC, with the 2015 elections enlightened many Nigerians, politically. That electorates are now wise and detest imposition. He never knew that our nation cannot move forwards if what obtain from within are not aligning with the tenets of democracy. He, therefore, used his hands to send and sell away the selling point of his party at the primary.

Senator Adeleke ran to PDP to contest. It was a day preceding the party's primary that he got the ticket and he "won". Many stepped down for him. But, why? It was, in my view, the fact that Aregbesola's autocratic nature is now believed to be old fashion and evil.

Senator Adeleke contested and won under PDP, but PDP never won the election. It was the people's will that did. It was not as a result of PDP's hard work. It was not as if the party has been reformed. It was not as if the party is a preferable option. It was not as if the party is now better.

But, the people knew what they wanted.

Infact, the PDP leaders in the state never ascribed the victory to any hardwork or restructuring. They never ascribed it to its preparedness to take control of governmental machinery. The PDP chair in the state, interestingly, ascribed the victory to God. The chair, Mr Soji Adagunodo ascribed the victory to God saying the victory was beyond human calculation.

The party leaders in the state understand that PDP was merely a beneficiary of the sorry circumstances occasioned by Aregbe's rigidity. The truth is: even if Senator Adeleke were to contest under APGA, UPN or any party whatsoever, he would have won!

And that is how politics in Nigeria ought to be. We ought not continue to dwell in blind politicking. We need to infact put on our glasses should we find it difficult to pick the right candidates in elections, regardless of parties.

In my humble submission, there are chief lessons to be learnt from the election. First, the mistake made by Aregbesola and acceded by other chieftains is too terrible for our growth. We cannot grow in midst of imposition. For the country to move forward, transparency must be observed in all political dealings. The era of manipulative imposition should be a bye gone in this present stage of our democracy.

But, would the Aregbesola annointed candidate have been defeated if he, Aregbe, had delivered the expected goods as governor? Aregbesola appears more of a disaster to his people and so no one will never support a candidate brought by "hardship" himself. Can you see why it's good to be good? The PDP would have won Osun-West, but for Aregbesola.

The second is to the PDP. As much as the party is not prepared for being a viable opposition party, the time to come up together and set goals is still available for the party — before it becomes too late. The victory at Osun should not give the party any hope of acceptability. It shouldn't give them any hope of it standing as a "threat" to the ruling party, APC.

As it stands, there is no opposition in Nigeria. The PDP needs critical reforms for it to stands as one. If the party isn't a good opposition, the possibility of good governance should it get to power is slim like the road to heaven.

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Festus Ogun is a Civil Rights activist, Law undergraduate and covener of Hi-Legal Initiative. Contact him via festusogunlaw@gmail.com .

ed.

THE ILLEGALITY OF RESTRICTION PLACED ON OOU “HOSTEL STUDENTS” BY THE SCHOOL MANAGEMENT

By Festus Ogun

In my view, the Olabisi Onabanjo University is one of the higher institutions in the world that have produced huge number of graduates with high moral standards. This is as a result of the hard efforts of the school management to instill fine virtues in their students, in all ramifications. Truly, this unique quality is worthy of commendation and emulation. Additionally, it is a law-abiding institution.

Some weeks ago, the school authority published a circular which is to the effect that: students staying on campus hostels are barred to attend religious functions off campus – in Ago-Iwoye and its environs – during weekends. In essence, the circular is saying that students in the hostel must not leave the school during weekends for any reason whatsoever – they are barred.

Truly, the intention of the school is to ensure that the students’ lives are safe and to see that the students do not get involved in anti-social activities. They seem to hold the believe that some students ‘sneek’ out of the hostels, in the name of attending religious functions, to involve themselves in anti-social activities. Apart from this, some have said that they are equally placing the ban in order to ensure that students attend the ‘newly established’ Christain Chapel. The establishment of this chapel has been the defense of the authority when student raise the plea of attending churches outside. In all, the perceived essence of the ban is based on the good intention of the management to ensure students’ security. This is fine and laudable.

However, there are so many elements of illegality that have come along with this restriction. The basic constitutional rights of these students have been breached and as a matter of fact, the ban must be lifted, for the school itself is a creation of law (OGUN STATE UNIVERSITY EDICT, 1982). Since it is now established that the school is a creation of law, it will be apt to therefore submit that its rules and regulation must be made in a way or manner that it will conform and should not clash with the provision of the Constitution, which is the grundnorm where all other laws derived their validity. For any other regulation that clash with that of the constitution will be declared void to the extent of its inconsistency – See Section 1(3) of the 1999 Constitution.

The restriction not to move out of campus on weekends, in the first place, is a breach of the students’ constitutional right to freedom of movement. Section 41(1) of the 1999 Constitution provides for every citizens of Nigeria right to freedom of movement. This in essence mean that nobody have the right to curtail the movement of the other(s) except if such restriction falls within the ambit of Section 41(2) of the Constitution. And having perused the foregoing provision, I have found none that gives any legal justification for this restriction ‘committed’ by the authority. See DELE GIWA V. IGP, AIGORO V. ANEBUWA, CLARKE V. DAVIES, BIRD V JONES .

This restriction on the students not to move out, whatever the good intention constitutes “false imprisonment” under the law. The ‘imprisonment’ is false because it is simply not right. In the words of Lord Edward Coke CJ “every restrainment of the liberty of a freeman is imprisonment although he is not within the walls of any common prison”. The right to personal liberty of the citizens guaranteed under Section 35(1) of the Constitution has also been breached. Or where is the freedom or liberty where students are not allowed to move from that “cage of hostel”, whatever the good intention? Infact, like the case of this institution, the law does not normally look at good intention in cases like this. Thus, it is no defense that they have acted in good faith. The Students’ right to movement has been breached.

Also, the students’ right to freedom of religion has been breached. Section 38(1) of the Constitution provides thus: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) TO MANIFEST AND PROPAGATE HIS RELIGION or belief in worship, teachings, practice and observance”(emphasis supplied by me). Therefore, the denial of the students to go out of the school for their religion sake or to simply worship violates this constitutional provision.

Some have argued that it is needless for the students to move out of campus because there are fellowships on campus and more importantly there is the School Chapel for them to worship. This reasoning is not in accordance with the right to religion. The section provides the students with the “freedom” to religion. Since freedom is then the choice to pick an option and not to be forced to pick such option, compelling or advising students of the school to worship on campus is highly unconstitutional. See the celebrated case of AGBAI v OKAGBUE.

As if the constitution is aware of this infringement, Section 38(2) provides that “ No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own or a religion not approved by his parent or guardian.” The above provision has best explained and clarify the whole issue. The constitutional breach of right to freedom of religion can therefore be inferred and noticed in this restriction.

In essence, relying on the established provisions of law, it will be right therefore to declare the restriction illegal, null and void i.e. not according to the law.

Since we cannot continue to swim in the river of illegality, the management is therefore humbly advised to withdraw the policy/restriction with immediate effect.

Experience has shown that the Olabisi Onabanjo University is an institution that respects the law of the land and gives no room for illegality. As such, opining that the policy might have been made “per incuriam” may not be wrong. At least, we are infallible because we are humans. But, having now realized the error or having spotted the illegality, the best to do is to either withdraw the policy or fine-tune it in a way or manner that it won’t clash with students’ constitutional rights.

Thank you.

Festus Ogun is a “human righter”, learning Law in OOU. He can be contacted via festusoguntv@gmail.com or 09066324982

2017: May Your Year be Tough

By Festus Ogun

At time like this, it is not very uncommon to see those who claim to be men of God making prophecies about national affairs. And experience has shown that much of those prophecies are pure guess-work or calculative predictions. However, I will not join the bandwagon of these ‘businessmen’ disguising as God’s men, to give prophesies about this New Year. Yet, as a person that has been following national occurrences very closely, I will prefer to rather make my own predictions.

2017 will be a very tough year for Nigerians. Things as we’ve seen last year will get much harder and tougher. This is a year where many will be killed by hunger. This is a year where political rebellions will take over the show. This is a year where many will run away from this country since many may find it very hard to live in it. This is a year where getting a daily bread will be synonymous to obtaining a PHD.

This is the year where this acclaimed economic recession will bite very harder. We have not experience ‘anything’ in 2016 – that is just a tip of the iceberg. In 2017 Nigeria, death rate will increase. Many will die of minor infections and the government will appear very helpless. This 2017 is the year where many will be forced to drop out of school. This is the year that the rate of divorce we be very high. A year that will inflate the numbers of criminal activities.

Yes! On that criminal activities, many Nigerians will unavoidably turn criminals. Burglary, armed robbery, kidnapping, hire-killing, mob lynching and other criminal activities will overtake the show. See, the rate at which ethnical and religious agitations will take-over everywhere will be suprising. Nigeria will be faced with serious treath of secession – not only from the Igbos this time. Plethora cases of suicidal death will be recorded. Getting a token of #1000 naira will be very hard for an average Nigerian. And, as a general truth, the gap between naira and dollar will be affectuously wide.

And all these does not mean that the normal or usual Nigerian issues – unemployment, non-payment of workers, et al – will not persist. Infact, this year, everything will get worse.

In essence, this year 2017 is going to be both very dense and fibrous. All of us, as a people, must tighten our belts to surmount this serious challenge. There is no way one can escape the lashes of the toughness – though it can be minimized – so, we must just ensure that we double our hustle.

Additionally, we must not jubilate much as we begin this New Year. Well, maybe we can only jubilate for God’s protection over us. However, don’t waste your resources over the arrival of the New Year. New Year will come-and-go but you will remain to face the consequences of a very reckless government. This New Year should be a time all of us get into the corner of our room and make sober reflections.

Let me quickly state here that: the reason for all these predictions is not farfetched since I’m not one of those ‘businessmen’ that claimed to see national revelations. The God I am serving hasn’t revealed anything to me yet. But, I have only drawn my conclusion from my keen observation of the way and manner this government performed in 2016.

It is a truism that the yesterday of a man will in a way or the other affects his tomorrow – same thing with Nigeria. As such, I have discovered that with the way this government has (mis)handled 2016, the country might never get out of this ‘peculiar mess’ it has found herself this New Year - it is no curse. Why? It is simply because this government hasn’t not taken any fruitful, convincing or responsible step which will signal an end to this harsh situation. And since ‘nothing’ has been done, the suffering and rigmarole will continue. Simple!

However, I have been taught in my classes that presumptions can be rebutted. The same way, all what I have predicted here can be rebutted if and only if this government changes its direction and pursue other fine ways to achieve this end. This government is in dare need of leafs to detonate the effect of its intellectual arrogance; and that is what is killing us. Why can’t the government get other better economic advisers?

We cannot just continue to deceive ourselves. The monkey in Idanre had encountered its death for a very long time. As many will call me unprintable names, I wish to inform them in advance that I may not be too concerned about their comments. The truth is very bitter and many of us are too shy to face the bitter truth. Call me a pessimist, no problem. But, the fact remains that: even when the truth spoken is in the negative, we must not shy away from it. Not shying away from it, thus, should not be mistaken for been a pessimist.

We cannot continue to give ourselves baseless hopes like the other day when we hoped that these men will bring about change. Tell me today, where is the change?

Lastly, the New Year is here and we are obliged to live by it. We are left with no choice. But, the jubilation must not be too much since we are entering into a year of perpetual hardship and storm.

I wish you a very rough and tough year ahead.

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Contact Festus Ogun vai festusoguntv@gmail.com