The Federal Government of Nigeria has lost the bid to stop the prosecution
\nof officials linked with the killings and torture of agitators of the
\nState of Biafra at a United States Court.<\/p>\n
The case is pending before the United States District Court for the
\nDistrict of Columbia against the sixteen Nigerian officials for their
\ndirect or indirect complicity in the extrajudicial killings of IPOB
\nmembers\/Biafrans who had launched peaceful protests in the wake of arrest
\nand detention of their leader, Nnamdi Kanu.<\/p>\n
The officials are: Tukur Yusuf Buratai; Lawal Musa Daura; Ibrahim
\nAttahiru; M.I. Ibrahim; Kasim Umar Sidi; Issah Maigari Abdullahi; Solomon
\nArase; Ibrahim Kpotun Idris; Okezie Ikpeazu; Willie Obiano; Habila Hosea;
\nPeter Nwagbara; James Oshim Nwafor; Hosea Karma; Bassey Abang; and Johnson
\nBabatunde Kokomo.<\/p>\n
In a counter Motion filed on February 6, 2018, the US-based lawyers for
\nthe Biafran plaintiffs who brought suit against some Nigerian officials
\nstrongly urged a United States federal court to proceed to trial on the
\nmerits, stressing the damning fact the the US State Department has
\nrejected a request from the President Mohammadu Buhari-led Nigerian
\ngovernment for the State Department to intervene and stop the suit based
\non the sovereign immunity defense.<\/p>\n
Page 4 of the 35-page Motion obtained by this reporter, Plaintiffs lawyers
\nstated that “Despite an overture by the Government of Nigeria, the United
\nStates Department of State has refrained from suggesting any Defendant is
\nimmune from Plaintiffs\u2019 TVPA claims under federal common law or otherwise.
\nNeither has the State Department suggested that any Defendant is a head of
\nstate in Nigeria”.<\/p>\n
The counter Motion was necessitated by a motion filed by defence lawyers
\nto dismiss the suit based on grounds that included the act of state
\ndoctrine, lack of jurisdiction and sovereign immunity.<\/p>\n
Dr Bruce Fein and associates, lawyers to the Biafran Plaintiffs argued
\nin-opposite that such defenses are not allowed under the Statutes upon
\nwhich the suit was brought.<\/p>\n
Plaintiffs’ counsel also argued that defence Motions are questionable
\nbecause the defense lawyers are, before the court, fighting amongst
\nthemselves as to who should be recognized to represent the defendants.<\/p>\n
In the counter motion, counsel to Plaintiffs argued, amongst others, that
\njurisdiction has vested through service of the summons and complaint by
\ncertified international courier on all defendants.<\/p>\n
The Suit is grounded on two muscular United States\u2019 statutes – the Alien
\nTort Claims Act (ATCA or ATS – the Alien Tort Statute); and the Torture
\nVictims Protection Act (TVPA). Both laws have extraterritorial reach,
\nmeaning that they allow US federal courts to assert long-arm jurisdiction
\nthat extends beyond the borders of United States.<\/p>\n
Alien Tort Claims Act (ATCA) provides that ‘the district courts shall have
\noriginal jurisdiction on any civil action by an alien (foreigner) for a
\ncivil wrong committed in violation of the law of nations or a treaty of
\nthe United States’. Since 1980, courts have interpreted this statute to
\nallow foreign citizens to seek remedies in US courts for human rights
\nviolations for conduct committed outside the United States.<\/p>\n
Torture Victim Protection Act of 1991 is a statute that permits civil
\nsuits in the United States against foreign individuals who – acting in an
\nofficial capacity for any foreign nation – committed torture and\/or
\nextrajudicial killings.<\/p>\n
In the suit, Plaintiffs lawyers argued that ‘The factual case against the
\nDefendants is convincing. The world already knows of the widespread
\nbeatings and slaughter of protesting Igbos\/IPOB by elements of Nigerian
\nsecurity forces at various locations after Nnamdi Kanu was arrested.
\nAmnesty International and other credible foreign sources have confirmed
\nthose killings and torture’. Those reports were filed in Court.<\/p>\n
Beyond the latest processes, and at the ensuing trial, Defendants will be
\nrequired to personally appear before the US court to testify under oath
\nand probing cross-examination that will dwell on the details of the IPOB
\nkillings and the complicity of other unnamed Nigerian officials.<\/p>\n
The Federal Government of Nigeria has lost the bid to stop the prosecution of officials linked with the killings and torture of agitators of the State of Biafra at a…<\/p>\n","protected":false},"author":1,"featured_media":60877,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-60875","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n