Activist lawyer Femi Falana (SAN) has again cried out over
what he calls the illegal detention of 10 Nigerians by the Navy since October
27, last year.
He confirmed the detention of the 10 Nigerians in a letter,
dated May 10, in which he requested the Attorney General of the Federation
(AGF) and Minister of Justice, Abubakar Malami (SAN), to seek their release
from the naval authorities.
This brought to 25 the number of military personnel and
civilians allegedly being held in the detention of naval authorities since last
year.
The lawyer said the detainees were being held on the orders
of the Chief of Naval Staff (CNS), Vice Admiral Ibok-Ete Ekwe Ibas.
Falana also requested the AGF to prosecute the CNS for
subjecting the detainees to physical and mental torture, contrary to the
provisions of the Anti-Torture Act, 2017.
He listed the detainees as: Oloyede Ademola Yisau, Omogoye
Wasiu Bolaji, Edu Fidelis, Richard David, Mike Simeon, Umoren Daniel, Okoghene Asaiki, Udom Victor, James
Archibong and Umon Godswill Emmanuel.
Falana averred that since the detainees had not been charged
with any criminal offence before any competent court, “we are compelled to
request you to direct the CNS to release them from unlawful custody without any
further delay”.
He threatened to sue the AGF should he fail to take the CNS
to court.
“Take notice that if you fail to accede to our request
within 48 hours of the receipt of this letter, we shall not hesitate to file an
application at the Federal High Court to secure the enforcement of the
fundamental rights of the detainees to personal liberty, dignity, fair hearing
and movement and seek an order of mandamus to compel you to prosecute of the
Chief of Naval Staff,” Falana said.
The lawyer recalled that when the 10 detainees were arrested
seven months ago, they were crew members aboard a vessel called NESO II, which
was allegedly hijacked by a gang of pirates.
Falana said the detainees were rescued while the pirates
were arrested by the Beecroft Naval Base.
“Curiously, the crew members, who were not indicted in the
investigation conducted by the Nigerian Navy into the hijacking of the vessel,
have since been detained aboard the ship in Marina, Lagos, in breach of their
fundamental rights to personal liberty and fair hearing guaranteed by sections
35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As
Amended).”
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