State Judicial Panels can Indict Military and Police Officers, By Femi Falana

As a sequel to the #EndSARS protests last year, the National Economic Council advised all State Governments to institute judicial commissions of Enquiry to probe allegations of police brutality in the country. Based on the advice the Federal Government and 28 State Governors set up judicial commissions of inquiry to probe sundry allegations of police […]

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Journalism in Africa, Its Soldiers and Enemies, By Femi Falana

The mass media across the world, especially the International Co in nsortium of Investigative Journalists (ICIJ), should be congratulated for the Pandora Papers. They leaked 11.9 million documents and 2.9 terabytes of data exposing corrupt dealings by the powerful and the global rich. The Pandora Papers which were released on October 3, 2021, exposed the […]

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Aniagolu, Human Rights and Political Development, By Femi Falana

The Honourable Justice Anthony Nnaemezie Christopher Aniagolu served as Chief Judge of Anambra State from 1976 to 1978 and was a Justice of the Nigerian Supreme Court from 1978 to 1987. He was a Judge whose integrity and confidence led him to do justice to people from all walks of life. For the erudite Judge, […]

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Open Grazing is No North-South Issue, By Femi Falana

The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN was reported Wednesday to have condemned the ban on open grazing by the Southern Governors’ Forum. The AGF stated that the ban on open grazing is unconstitutional as it affects the right of herders to move freely in the country. With respect, […]

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Restructuring and the Liberation of Nigeria, By Femi Falana

Being the text of the 20th Convocation Lecture of the Ekiti State University delivered by Femi Falana SAN on Wednesday, December 16, 2020) Introduction In an age in which crucial debates on the future of Nigeria are led by ethnic warlords, demagogues and clairvoyants from their declared “territories” with captive audiences, it is worthy of […]

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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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