All posts by harunelbinawi

About harunelbinawi

A political affairs Analyst....

Buhari is #BokoHaram

Buhari is #BokoHaram

Two days ago the notorious Nigerian Secret Police (SSS) that is the oppressive tool of the Nigerian tyrant Buhari released a report that contained the statement below:

“Sequel to this, the SSS is warning members of the Islamic Movement of Nigeria (IMN) to desist from staging any form of procession or demonstration as the BokoHaram terrorists will seize the opportunity to unleash mayhem,”

Then yesterday (23/6/2017) during the peaceful International #QudsDay Rally in Kaduna, “BokoHaram” attacked the Rally. Prominent Nigerian activists Deji Adeyanji and Ebenezer Oyetakin (both Christians) were physically present at the Rally and they saw heavily-armed Soldiers and Police shooting at peaceful protesters that included thousands of women and children. Activists Deji Adeyanju and Ebenezer Oyetakin saw the “BokoHaram” that the Nigerian Secret Police warned against.

Nigerians should remember that exactly on 27th November, 2015 BokoHaram released a video threatening a prominent Islamic scholar, Sheikh Ibraheem Zakzaky, and the peaceful Nigerian Shia community with genocide. Two weeks after this threat President Buhari brutally slaughtered 1000+ Shia civilians in Zaria and wickedly dumped their dead bodies in mass graves at night to bury the evidences. After that inhuman monumental savagery and barbarism, President Buhari and his gang of mass murderers launched massive campaigns of calumny and demonization against Sheikh Zakzaky and Shia Islam.

The same President Buhari recently financially empowered BokoHaram by giving them 2.6 million Euros under the pretext of #ChibokGirls exchange. BokoHaram used part of that money to open a Radio station and more weapons to bomb and kill innocent Nigerians. When the Chibok girls were released Nigerians were Shocked to see them super healthy and well fed with no single sign of captivity.

The International Quds Day rallies were conducted in more than 20 cities and towns across Nigeria including towns in the BokoHaram ravaged North East and they all ended up peacefully with only Kaduna as the exception. Kaduna state has a bloodthirsty BokoHaram terrorist as Governor, BokoHaram used that opportunity to attack peaceful protesters using Nigerian security forces.

#FreeZakzaky
#GodProtectZakzaky

Harun Elbinawi
elbinawi.wordpress.com

Saudi Wahhabi savages & Their Nigerian Dogs Are Cowards:

Saudi Wahhabi savages & Their Nigerian Dogs Are Cowards:

“#Saudi Arabia too ‘cowardly’ for war with #Iran ” -#Hezbollah Secretary General Hassan Nasrallah
Saudi Wahhabi savages can not fight Iran

Wahhabis are intolerant & bloodthirsty but they are shameless cowards. Wahhabis are never brave. They love killing innocent women & children

Saudi Wahhabi savages desperately want to harm Iran but they are spineless cowards. They want their American masters to attack Iran.

Saudi Wahhabi savages can pay Americans any amount of money to attack Iran but Americans are greedy genocidal capitalists but not fools.

In #Nigeria, the hunting dogs @MBuhari @elrufai of Saudi Wahhabi savages brutally murdered 1000+ Shia women & children in Zaria in 2015.

These criminals @MBuhari @elrufai slaughtered 1000+ innocent Nigerians to please their Saudi masters but they are scared of consequences.

#ISIS & #BokoHaram kill the innocent & dump bodies in mass graves. The same thing @MBuhari & @elrufai did to victims of #ZariaMassacre.

#Nigeria & Nigerians should be grateful to God that Sheikh #Zakzaky is an epitome of peace. Despite the monumental savagery he said #peace.

@Elbinawi Tweets

Commemoration of the 2014 #QudsDay Martyrs:

Commemoration of the 2014 #QudsDay Martyrs:

Today on International #QudsDay we remember 3 sons of Sheikh Zakzaky & 31 innocent Nigerians brutally murdered by Israeli dog @GEJonathan.

@HQNigerianArmy Col. Okuh of Igbo extraction led the brutal slaughter of 34 innocent Nigerians in 2014 International #QudsDay rally in Zaria

The bloodthirsty Israeli savages have moles in the ranks of the @HQNigerianArmy made up of mostly officers Of Igbo extraction.

It was these Israeli agents in the @HQNigerianArmy that brutally slaughtered 34 innocent Nigerians during the #QudsDay rally of 2014.

Those murderous criminals in the @HQNigerianArmy who murdered 34 innocent Nigerians #QudsDay in 2014 are still active in the @HQNigerianArmy

Our heartfelt condolences to Sheikh Ibraheem Zakzaky & families of d 34 Martyrs. We will never forget, we will never forgive. #FreePalestine

@Elbinawi Tweets

Balancing human rights and national security (3) by FESTUS OKOYE

*REFLECTIONS:* *#FreeZakzaky Campaign Committee will today bring to you the third of a series of four articles that will thoroughly analyze the judgement of the Federal High Court, Abuja ordering the release of Sheikh Zakzaky and the incoherent contemptuous reaction of Buhari’s government through his aides. Analysis was by Festus Okoye, one of the lawyers standing for Sheikh Zakzaky and the Islamic Movement in Nigeria. Happy reading* 👇🏼

*_——————————–_*
*Balancing human rights and national security (3)*

_by FESTUS OKOYE_

Sometimes, in their attempt to justify acting unconstitutionally some persons in government wrongly assume that they are the repository, custodians and interpreters of Nigeria’s national interest. Sometimes “the people in government” forget that “government” is encompassing and includes those in the Army, the Police, the Customs, the Civil Defense Corp, the Immigration Service and other military and paramilitary outfits. Sometimes “those in government” or those that assume that they are in government or in power forget that the Attorney General of the Federation is the Chief Law Officer of the Federation and the person constitutionally mandated to state and articulate the position of the government in matters relating to the law and the constitution.
My assumption is that when a citizen of the Federal Republic of Nigeria approaches the court for rights enforcement, it is the office of the Attorney General of the Federation or of the State that processes information from the “rights violator” and files papers in court to justify the rights violation on grounds of national security interests or as falling within the ambit of the derogatory exceptions in the constitution. Does it then mean that the Attorney General of the Federation or of the State is not part of those in government and cannot be trusted with security related information? Does it mean that members of the bench are no longer exercising the “powers of the Federal Republic of Nigeria”: as enunciated in part 11 of the Constitution of the Federal Republic of Nigeria, 1999(as amended)? So when it is said that the courts do not have all the information relating to why a Nigerian citizen is detained the implication is that such information has been kept away from the courts and from the Chief Law Officer of the Federation. But the Nigerian people know and “those in government” know that in appropriate situations, persons in the security service have been allowed by the courts to testify in camera. “Those in government” also know that some information bothering on national security and given in evidence before the courts have been kept away from the public and from the media. But it is the courts that make the determination on whether the evidence in question affects national security or national security interests. This is because for some people in government “everything” that affects the regime in power or anything that affects their continued stay in power “bothers on national security” and persons, groups or organisations that through their actions and utterances pock on such interests must be dealt with.
In the case of Sheikh Ibraheem Zakzaky and his wife, Zeenat, there has been tons of misinformation and misrepresentation relating to the exact orders and directions of the Federal High Court, Abuja and this has given the impression that the trial Judge treated the issue of national security with levity. In my opinion, the Hon. Justice Gabriel Kolawole had a good appreciation and understanding of the intersection between human rights and national security and this showed vividly in his ruling of the 2nd day of December 2016. Based on his understanding of the political, ideological and religious sensitivity of the suit, he advised that the suit should be settled out of court and he explained why. In his own words: “I hold the view, that courts are ill equipped with the necessary “political tools” to reach and resolve all the contending issues which pertain to this suit because, at the bottom of the crisis beginning from 12th December, 2015, was the very sensitive issue of religion and of the Islamic faith. The applicant as the leader of the Islamic Movement of Nigeria – which I understand, belongs to the “Shiite School of Islamic Thought”, and this court, without being equipped with any reliable demographic data, it seems that the greater majority of Nigerian Muslims belong to the “Sunni School of Islamic Thought”. The escalation of this crisis, I want to hazard a guess by way of obiter remarks, may have been the result of invidious, perhaps unobtrusive acts of intolerance by the greater majority of Muslims who recognise, practice, observe and belong to the “Sunni Islamic School of Thought.” But the important and fundamental issue which needs to be emphasized, is that by the provisions of Section 38(1) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as amended), the said Constitution by virtue of the provision of its Section 1(1) being the “grundnorm” to borrow this term or classification from Hans Kelsen (1881 – 1973) in his “Pure Theory of Law”, on which the State, which Section 2(1) of the same Constitution states that “Nigeria is one indivisible and indissoluble sovereign State to be known by the name of the Federal Republic of Nigeria” is one that recognizes and guarantees “Right to Freedom of Thought, Conscience and Religion” which right also carries with it, a concomitant right in every citizen, not only to differ when it comes to issues of faith and religion, but it includes the “right 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, teaching, practice and observance”. It is in this regard, that I was of the view that this case is better settled “politically” rather than through the judicial process which by its nature, has limited capacities in being able to address fundamental issues of faith based on religion. Whilst I readily acknowledge the fact, that it is important that the State frontally and decisively addresses any issue which not only challenge its sovereign authority to maintain law, order and to promote good governance, I am of the view that the applicant’s Islamic Movement of Nigeria needs not be demonized in order to beat its leaders and numerous followers to the path where they should recognise, not only the pre-eminent status of the State in its primary obligation to maintain law and order, but for them to recognise and accept by the sheer force of the constitution, that their rights to practice whatever version of the Islamic faith they choose, ends where the rights of other millions of Nigerians, whether Sunnis, Christians and even atheists to practice and exercise their faiths begin. It is in realisation of the sensitive nature of this issue, that informed my passionate judicial plea to both the applicant’s and the 1st and 3rd respondents’ counsel to the end of the proceedings on 5/10/16, to put heads together with a view to having this case amicably settled. My invitation to both parties for settlement was not borne out of fear of being able to determine this dispute, which I can only do within the ambits of the provisions of the Constitution and extant judicial authorities, but I also recognize the fact, that the issues disclosed as facts in the processes filed and exchanged, are much more delicate, sensitive and perhaps, judicially speaking, slippery in nature”.
The State rejected the offer made by Justice Kolawole and submitted to the suzerainty of the court to determine the issues involved in the applications and the court did just that. In his ruling, the Judge never lost sight of the “sensitivity” of the matter. Rather than order the immediate release of Sheikh Ibraheem Zakzaky and his wife, Zeenat, he ordered that “The applicant and his wife shall be released within 45 days from today from the 1st respondent’s custody and shall be handed over to the 2nd respondents who shall in turn, take the applicant and his wife to the accommodation which the 3rd respondent is directed to provide pending when the applicant is able to sort himself out with the case I was told, that he filed in the High Court of Kaduna State against the Nigerian Army, whose soldiers allegedly destroyed his residence in the manner after the version of what happened some 39 years ago, against the family of the late Mr. Fela Anikulapo-Kuti in Lagos State.”. The Judge also ordered that “the 1st and 3rd respondents shall in execution of the said order, release the applicant and his wife to the 2nd respondent, the Inspector-General of Police. The Inspector-General of Police or any of its subordinate officers not below the rank of Assistant Inspector General (AIG) when he receives the applicant and his wife as ordered herein, shall take immediate step within 24 hours of receiving the applicant and his wife, from the 1st and 3rd respondents, convey the applicant and his wife under necessary security escort to their place of abode as would have been provided by the 1st respondent working in conjunction with the 3rd respondent. The 2nd respondents shall then provide the applicant and his wife, adequate Police protection which shall operate 24/7 until the alleged threats which were not proved by any admissible evidence, but left in the realm of speculation, are removed or significantly diminished.

*_to be continued_*

This discourse was published in:
*New Telegraph Newspaper*
_Sanctity of Truth_

 

*Brought to you by #FreeZakzaky Campaign Committee, June 2017.*

Balancing human rights and national security (2)

*REFLECTIONS:* *#FreeZakzaky Campaign Committee will today bring to you the second of a series of four articles that will thoroughly analyze the judgement of the Federal High Court, Abuja ordering the release of Sheikh Zakzaky and the incoherent contemptuous reaction of Buhari’s government through his aides. Analysis was by Festus Okoye, one of the lawyers standing for Sheikh Zakzaky and the Islamic Movement in Nigeria. Happy reading* 👇🏼

*_——————————–_*
*Balancing human rights and national security (2)*

_by FESTUS OKOYE_

Before dealing with some of the weighty issues relating to the continued detention of Sheikh Ibraheem Zakzaky and his wife, Zeenat, on ground of “balancing” human rights and national security, it is important to clear some preliminary issues.

There is a rebuttable presumption that the Minister of Information and Culture, Alhaji Lai Mohammed, has read the judgement of the Federal High Court, Abuja delivered on the 2nd day of December 2016 by the Hon. Justice Gabriel Kolawole relating to the detention of Zakzaky and his wife. I say this because I presume that the Hon. Minister must have perused the said judgement before propounding the “balancing theory of human rights and national security”.

I am fortified in my assumption because it will be unfortunate if the Hon. Minister made the comments that he made without the benefit of reading the judgement delivered by a Judge of the Federal High Court.

There is also a rebuttable presumption that the Hon. Minister of Information and Culture has read and is abreast of the Supreme Court judgement in the case of Gov.; of Lagos State v. Ojukwu (1986)1 NWLR (Part 18)621. If he has read the said judgement delivered in 1986 at the height of military rule in Nigeria and still maintains the position that in a democratic Nigeria, the Executive has the right to edit, abridge, violate and or treat the orders of a properly constituted courts of law with impunity then, we have not learnt the correct lessons from our recent past.

I will as much as possible detach myself from the findings, conclusions and orders of the Hon. Justice Kolawole relating to the detention of Zakzaky and his wife and allow my Lord the Hon. Justice Kolawole to respond to the issues raised by my friend the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, and as amplified by the Hon. Minister of Information and Culture, Mohammed. The suit filed by Zakzaky and his wife had three respondents.

The 1st respondent was the State Security Service, the second respondent was the Nigeria Police Force and the third respondent was the Attorney General of the Federation. In his judgement of the 2nd day of December 2016, Justice Kolawole first reflected on the constitutional and legal prognosis of keeping a Nigerian citizen in “protective custody”.

“Let me pause here and state that when I reflected on the submissions of the 1st and 3rd respondents’ counsel, I also contemporaneously pondered on the submissions of the applicant’s counsel, and out of sheer judicial curiosity, I asked myself these questions: To hold or detain the applicant and his wife in a “protective custody” for their own safety was a power exercised based on what provisions of the Constitution?

This is because, the thrust of the applicant’s counsel’s submissions, was that the concept of “protective custody” for an adult citizen, is unknown to any law in Nigeria. Secondly, has the 1st and 3rd respondents produced evidence of any security reports on the basis of which the applicant and his wife were held, based on the depositions in the applicant’s “Further and Better Affidavit” against their wish?

Thirdly, I have not been shown any police “incident report” of any complaint lodged by any member of the public who lives within the neighbourhood of the applicant’s residence which indicate that the applicant has become a “public nuisance” to the neighbourhood. Fourthly, prior to the events of 12th/14th December, 2015, does it not appear, that it was the alleged act of soldiers, ostensibly of the Nigerian Army that may have precipitated the unrest within the applicant’s neighbourhood because, by the deposition of Ayodeji Ibitoye in paragraph 9 of the 1st and 3rd Respondents’ “Counter-Affidavit”, the “Boko Haram” group “had operated quietly just like the Islamic Movement of Nigeria members”.

These are issues which the 1st and 3rd respondents’ counsel needs to address in order to overcome the burden of proof which the applicant’s suit has shifted on the respondents.

These are some of the thorny issues which must be effectively interrogated vis-à-vis the disposition documentary exhibits produced to prove and to disprove the allegations which formed the kernel of the applicant’s cause of action as it’s depicted in the “affidavit in support of the Originating Motion on Notice.”

On the consequences of the continued detention of Zakzaky and his wife “in protective custody”, Justice Kolawole responded thus in response to the arguments of the counsel to the State Security Service and the Attorney General of the Federation.

“The 1st and 3rd respondents counsel submitted that the applicant “is in a protective custody to save his life and the lives of a good number of Nigerians in case the applicant should die”.

Again, when I read this submission, my thought goes to the fact as deposed in paragraph 9 of the 1st and 3rd respondents’ “Counter-Affidavit”, that the death of the former leader of “Boko Haram”, Mohammed Yusuf ignited the gory and horrendous campaign of violence which the said group had unleashed on Nigeria since 2011 because, he reportedly died whilst in the custody of the Nigeria Police Force.

The same repercussion, I dare say, may only occur by my assessment of the facts in the instant case, if the applicant (I pray that this never occurred to him) were to die, either when his residence was allegedly invaded by soldiers with sporadic shootings in which three of his sons were allegedly killed, or if he had died whilst in transit between the Nigerian Army who captured him after the invasion of his residence and of his being handed over to the 1st respondent, or whilst in the custody of the 1st respondent.The prognosis of the likely incidents of his being held in a “protective custody” since 15/12/15 may not occur, if the applicant, for instance, dies from natural causes or due to old age, or in circumstances which could never have been attributable to the state or any of its agents.

So, in my view, greater risk is run and undertaken by the 1st and 3rd respondents in keeping the applicant in a “protective custody” when there is no evidence of a request which he himself has made to that effect to the 2nd respondent as the umbrella body that has primary responsibility under the Police Act, Cap. P.19, LFN 2004 to protect lives and properties of every Nigerian and to maintain law and order. Where the applicant on his own, or convinced by such security reports (none of which was produced to this court to see, even if in camera in the context of the provision of Section 36(4) (b) of the CFRN, 1999 As Amended) produced by the 1st respondent that his life is in danger, may apply to the 2nd respondent for “police protection” from such threats, and not to be confined with his wife in a “protective custody” as was being argued by the 1st and 3rd respondents’ counsel”.

On the issue of whether a Nigerian citizen can be held in protective custody against his wish, Justice Kolawole surmised thus: “The primary question which the 1st and 3rd respondents’ counsel is yet to answer and perhaps, overcome as a legal hurdle, is to cite the law, whether by the 1st respondent’s enabling Act, i.e. the National Security Agencies Act, supra or the provisions of the Constitution, by which a citizen can be held, against his wish in a “protective custody” when, prior to the incident of 12th/14th December 2015, there had been no report of any threat to his life brought to his attention, nor of any compliant or report lodged with the Police Force Division in his neighbourhood of plans by his “disaffected” neighbours to want to attack and kill him.

It really does not matter in my view, the quality of welfare attention which the applicant may be enjoying in the custody of the 1st respondent, the question is: Is there any evidence, based on the ‘Affidavit” and “Counter- Affidavit” filed by both parties to prove that the applicant consents to his being held ostensibly for his own interests?

When I read the depositions in the “Further and Better Affidavit” deposed to by Abubakar Marshall, I am unable to accept the view, that the applicant consents to his being detained in the custody of the 1st respondent.” Having cleared the constitutional and legal hurdle of “protective custody Justice Kolawole proceeded to show that he understands the intersection between human rights and national security. What orders did the Judge make and what are the implications of the continued detention of Sheikh Zakzaky and his wife, Zeenat?

*_to be continued_*

This discourse was published in:
*New Telegraph Newspaper*
_Sanctity of Truth_

 

*Brought to you by #FreeZakzaky Campaign Committee, June 2017.*

Sheikh Zakzaky & Occupied Palestine

Sheikh Zakzaky & Occupied Palestine:

Sheikh Ibraheem #Zakzaky of Nigeria, Africa & #FreePalestine:
His Eminence Sheikh Zakzaky is the biggest supporter of FreePalestine in Africa

Sheikh Zakzaky want a #Palestine not occupied by bloodthirsty Zionist Jews but a Palestine for Christians, Muslims & Jews live in harmony.

Since 1948 murderous bloodthirsty European Zionist Jews are occupying #Palestine killing hundreds of thousands & sending millions to exile.

Sheikh Zakzaky envisage a #FreePalestine where Muslims, Christians & Jews will live in peace, security & good neighborliness.

The city of Jerusalem, capital of #Palestine, is Holy to the 3 Monotheist religions: #Judaism, #Christianity & #Islam. It should be freed

After the victory of the 1979 Islamic Revolution in #Iran, Imam Khomeini (ra) declared the Last Friday of the month of #Ramadan as #QudsDay.

Since then every year millions of people across the world mark International #QudsDay with rallies, protests and conferences. #FreePalestine

In #Nigeria, Niger, Chad & Cameroon millions of #IMN members under the leadership of Sheikh Zakzaky stage protest marches on Int’ #QudsDay

In the #QudsDay rally of 2014 the @HQNigerianArmy under @GEJonathan killed 33 #IMN members that included 3 children of Sheikh #Zakzaky.

Former Nigerian President @GEJonathan apologized to Sheikh Zakzaky via phone call but failed to prosecute the murderous criminals.

All the wars, deaths & destructions in the Middle East today that are orchestrated by the West are for the security of the Israeli regime.

The invasion of #Iraq by the West was caused by the fraudulent Intel of the Israeli regime that Iraq had WMD.More than 1 million Iraqis died

One of the reasons why President @MBuhari confidently sent 1000s of heavily-armed Soldiers to Zaria to attack #IMN was due to Israel Intel.

The Israeli regime sent a fraudulent Intel to d Nigerian Govt that #IMN is “armed”. @MBuhari slaughtered 1000+ IMN members but found nothing

From the fraudulent Intel, the Israeli regime told the Nigerian Govt that #IMN hide weapons in the graveyard just like #Hezbollah.

Nigerian tyrant @MBuhari destroyed all #IMN graveyards but failed to find a single bullet. Israeli lies led to the death of 1000+ Nigerians.

President @MBuhari brutally murdered 3 sons of Sheikh Zakzaky & is holding him in illegal detention. @zinadabo
#FreePalestine
#FreeZakzaky

@Elbinawi Tweets