Femi Falana, a human fights lawyer, has on Sunday, May 19, 2019, asked President Muhammadu Buhari to order the release of 40 Nigerians who have been in “illegal custody” of the Nigerian navy.
In an open letter to the President, the Senior Advocate of Nigeria said he has received complaints from the family members of 40 detainees who have been held incommunicado in dehumanising conditions for periods of six to eight months.
According to Mr Falana, the “unlawful detention” contravened sections of the 1999 constitution and the African Charter on Human and Peoples Rights Ratification and Enforcement.
Falana added that “In fact, some of the detainees are incarcerated in an underground military detention facility in Abuja while others are held inside one of the vessels impounded by the Nigerian Navy in Marina, Lagos”.
Below is the full letter written to the President by Femi Falana.
“May 19, 2019
His Excellency,
Alhaji Mohammadu Buhari,
President & Commander-in-Chief of the Armed Forces,
Presidential Villa,
Aso Rock,
Abuja.
Your Excellency,
REQUEST FOR RELEASE OF 40 NIGERIAN CITIZENS FROM ILLEGAL CUSTODY OF NIGERIAN NAVY
We have received complaints from the family members of 40 Nigerian citizens who are being detained without trial on the orders of the Authorities of the Nigerian Navy. The names of the detainees are :
1. Captain Dada Labinjo,
2. Lt. Commander Sherifat Ibe Lambert
3. Benjamin Gold
4. Peter Pulle,
5. Pius Paul,
6. Onoja Reuben,
7. Adeleke Adewale,
8. Labinjo Kehinde,
9. Ogunmoyero Oluwasehun,
10. Emmanuel Oputa,
11. Innocent Sunday,
12. Iejoro Friday,
13. Hamza Yakubu,
14. Segun Yusuf.
15. Master-Melvin Jack ;
16 Chief Mate-Adebayo Mayoma
17. Chief Mate- Francis Oneyema
18 2nd Eng-Godwill Umoh
19 Bosin-Miebaka Iyala
20 Elect 2-Edu Fidelis
21. Elect 2-Richard David
22 Camp Boss-Daniel Harrison
23. Asaiki Okeoghene
24 AB 1-Omogoye Bolaji
25 AB 2-Victor Uchendu
26 AB 3-Oloyede Ademola
27. Oiler-Simon Onyisi Mike
28. Eng cadet-Udom Victor Jerome
29 Godwin Etiaka Ojodusi
30. Sixtus Ganabel
31 Owei Ukuto
32 Jeremiah Victor
33 Collins Joel
34. Augustine Omonisa
35 MV Akemijo Deborah
36 Mike Simeon
37 Umoren Daniel
38 James Archibong
39 Umon Godswill Emmanuel
40. MT Adeline Jumbo
It may interest Your Excellency to know that the above named detainees have been held incommunicado in dehumanising conditions for periods ranging from six to eight months. In fact, some of the detainees are incarcerated in an underground military detention facility in Abuja while others are held inside one of the vessels impounded by the Nigerian Navy in Marina, Lagos. The detainees have been subjected to mental, psychological and physical torture contrary to the provisions of the Anti Torture Act, 2017.
Furthermore, in utter contempt of court the authorities of the Nigerian Navy have defied valid and subsisting orders of competent courts for the unconditional release of some of the detainees. Apart from such contemptuous conduct the Nigerian Navy recently denied knowledge of the whereabouts of the 15 detainees held in a detention facility in Abuja. As soon as we pointed out that the remand order procured by the Nigerian Navy for the detention of the 15 detainees had been quashed by the Chief Magistrate Court in Apapa, Lagos State the Naval Authorities turned round to file criminal charges against 5 of them before a Court Martial.
Since all the detainees are entitled to their fundamental rights to dignity and liberty guaranteed by sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and articles 5 and 6 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act (Cap A9) Laws of the Federation of Nigeria, 2004, we urge Your Excellency to direct the Chief Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas, to either release the detainees from unlawful custody or arraign them in court without any further delay.
In view of the fact that the illegal detention of the 40 Nigerian citizens for several months without trial has exposed the Federal Government to unwarranted embarrassment the Chief of Naval Staff ought to be sanctioned by Your Excellency.
Please accept the assurances of our highest esteem.
Yours sincerely,
FEMI FALANA, SAN, FCI Arb.”
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