Mandatory Question SSS Must Answer Within 14 Days Concerning The Death Or Alive Of Detained Zaky El-Zaky, Malama El-Zaky And Pro Biafra Campaigners

(Intersociety, Onitsha Nigeria, 15th January 2017)-The leadership of

International Society for Civil Liberties and the Rule of Law

(Intersociety) is deeply pained as it concerns Nigeria’s steady sink

to lawlessness and governance brigandage. Nigeria’s justice and

liberty governance and ethics have been so damaged that their recovery

from the catastrophic damage is practically a difficult task.

Sad too, is the fact that the country now witnesses the rise and

official institutionalization of criminal sainthood; where criminal

entities that have practically taken up arms against the Government

and People of Nigeria and massacred over 25,000 mostly religiously and

ethnically targeted Nigerians such as predominant Christian Ethnic

Nationalities of Igbo and others since 2009, are now governmentally

rewarded and seemed to have been enlisted for national merit awards;

whereas innocent citizens who non-violently assert their

constitutional and international rights to citizenship, development,

identity, worship and self determination, are labelled and treated

governmentally as “terrorists” and “treasonable felons”.

Just recently, the Chief of Army Staff, Lt Gen Tukur Yusuf Buratai was

quoted and heavily criticized for describing the Free Chibok Girls

Campaigners as Advocacy Terrorists and their campaign as Advocacy

Terrorism. As we speak, thousands of arrested Boko Haram suspects are

presidentially petted and treated as repentant Boko Haram members or

released in droves as “cleared Boko Haram suspects”; while scores of

innocent, nonviolent and defenceless Nigerians are being violently

attacked by SSS and clamped into incommunicado detention without trial

over spurious criminal allegations of “being terrorists” and

“treasonable felons”.
It is recalled that Major Gen Muhammadu Buhari (as he then was) had in

the dark hours of 31st December 1983 violently ousted the

democratically elected government of Alhaji Shehu Shagari and enacted

Decree No 2 of 1984, cited as the Nigerian State Security (Detention

of Persons) Decree No. 2 of 1984, which allowed for indefinite and

incommunicado detention of Nigerian citizens. The State Security

(Detention of Persons) Decree Number 2 of 1984 also suspended

indefinite the constitutional freedoms or Fundamental Human Rights

Chapter of the then 1979 civilian Constitution and empowered the chief

of staff, Supreme Headquarters, to detain indefinitely (subject to

review every three months) anyone suspected of "acts prejudicial to

state security or contributing to the economic adversity of the

nation." The Decree also authorized any police officer or a member of

the armed forces to arrest and detain such a person at will and

without trial.
The Buhari Administration has also technically suspended the

Fundamental Human Rights Chapter of the 1999 Constitution and taken

refuge in moribund and obnoxious legislations such as Section 27 of

the Terrorism Prevention Act of 2011 as amended in 2013 as well as the

moribund Decree No 2 of 1984 under which scores of innocent Nigerians

including the leader of Islamic Movement of Nigeria (IMN), Ibrahim

Zaky El-Zaky, his wife, Malama Zeenatu and over a dozen nonviolent Pro

Biafra Campaigners and members of IPOB have been clamped into

incommunicado detention for several months without trial.

Under these obnoxious provisions which grossly run contrary and

inconsistent with Section 1 (3) (supremacy of the Constitution above

any other law) and Section 35 (4) (detention of citizens for whatever

alleged crimes not exceeding 60 days without bail and 90 days with

bail, but without court trial) of 1999 Constitution; innocent and

dissent voices are recklessly arrested by SSS, labelled “terrorists”

and clamped into incommunicado detention for several months without

trial and tortured severely in custody. All the citizens presently in

the SSS custody, drawn from IPOB and IMN have never used or advocated

violence. They were arrested in their sleep or shops or on transit.

The arrested citizens are routinely stigmatized and criminalized by

the State and its SSS and where any detained citizen is rarely

arraigned; he or she is expressly subjected to prosecutorial

vindictiveness or slammed with obnoxious and trumped up criminal

charges. Most of them are also arrested in their sleep, detained for

months after which roguish ex parte orders are sought and obtained to

further detain them for 90 additional days with limitless renewal upon

expiration of every three months until the investigation is concluded.

These the Buhari Administration and its SSS do under obnoxious Section

27 of the Terrorism Prevention Act of 2011 as amended in 2013, among

other questionable procedures and processes.
Court orders and other judicial pronouncements condemning detention of

citizens above 60 days and ordering for their unconditional release in

accordance with Section 35 (4) of the 1999 Constitution have been

flouted and disobeyed by the Buhari Administration and its SSS with

reckless abandon.
For instance, the leader of the Islamic Movement of Nigeria, Ibrahim

Zaky El-Zaky and his wife, Malama Zeenatu are the longest serving

detainees without court trial in the history of democratic Nigeria or

since 1999. The Shiite leader and his wife have been held

incommunicado by SSS for over 13 months. They were shot and battered

by soldiers after a thousand of their followers were killed or went

missing between 12th and 14th December 2015 in Zaria, Kaduna State.

While the IMN leader had 18 bullets reportedly removed from his body,

his wife had four bullets removed from her body as well. It is feared

in some informed quarters as whether the IMN leader and his wife are

still alive or have died in SSS custody. Since they were shot half

dead by Lt Gen Tukur Buratai led Nigerian Army and taken into SSS

custody on 14th of December 2015, they have not been brought to public

or allowed access to be seen by their biological relatives.

13 nonviolent Pro Biafra Campaigners and members of the Indigenous

People of Biafra (IPOB) have also been arrested and detained

incommunicado by SSS for several months without trial in the ongoing

violent crackdown launched by the Buhari Administration and its SSS

against IPOB members particularly in the Southeast and the South-south

regions of Nigeria. The Buhari Administration also massacred over 250

of the group’s members and supporters and terminally shot and injured

over 300 others in over eight different locations in Anambra, Abia,

Delta and Rivers States between August 2015 and May 2016.

The names of the solitarily detained IPOB members are: (1) Citizen

Justice O. Udo. He was arrested by SSS in Port Harcourt, Rivers State

in the mid night of 13th July 2016 and thrown into indefinite

detention without trial till date; a period of over six months or 18

days. (2) Citizen Sunday Chukwuka Obasi was arrested by SSS in the

late night of 16th August 2016 in Nnewi, Anambra State; shot at his

two legs and thrown into indefinite detention without trial as at

December 2016; a period of over four months.
(3) Citizens Ikechukwu Ugwuoha, (4) Asochukwu Boniface Ugochukwu, (5)

Sunday J. Okafor, (6) Ekene Onuoha and (7) Joseph Okorie (Ogbuawa)

were arrested by SSS on 24th August 2016 at Ugba Junction, near Aba in

Abia State at about 7.30am on their way back from Kuje Prison (where

they had gone to see their leader, Nnamdi Kanu) and thrown into

indefinite detention without trial till date; a period of almost five

months each. (8) Citizen Bright Chimezie. He was arrested by Police in

Akwa Ibom State at business hours of 16th September 2016 and handed

over to the SSS, which took him into incommunicado detention without

trial till date; a period of four months. (9) Citizen Ndubuisi Arum

(High Chief Oko) was arrested by SSS in Aba, Abia State in October

2016 and detained incommunicado without trial till date; a period of

over three months.
(10) Citizen Eta Stephen Bassey is a 45yrs old Principal of the

Wisdom Child International School in Bokokiri area of Port Harcourt in

Rivers State. He is also the Financial Secretary of IPOB in Bundu

Unit Town Zone 1 of the organization in Rivers State and hails from

Abi Local Government Area of Cross River State. He was abducted by SSS

at the business hours of 3rd November 2016 around Victoria

Street/Aggrey Road area of Port Harcourt in Rivers State where he had

gone to buy “suya” meat and till date; a period of 72 days, he has

remained in solitary detention of the SSS. His mobile phone number as

released by his close associates is +2348034284857.

(11) Citizen Moses Agbo is a member of the Biafra Family Writers. He

was arrested by SSS on the Christmas Eve of December 2016 after he

visited Citizen Nnamdi Kanu in Kuje Prison and till date; a period of

21 days, he is still held incommunicado by the SSS without trial. (12)

Citizen Udochukwu Nelson, (13) Citizen Echeie Osten and (14) Citizen

Rose... were arrested at their market shops at the business hours of

13th January 2017 by SSS in Rumuola area of Port Harcourt in Rivers

State and they are still being held incommunicado as of today.

Information available at our advocacy disposal also clearly indicates

that all of the SSS detainees are gravely tortured to incriminate

themselves and confess to spurious allegations of their involvement in

“terrorism” and “treasonable felony”. Citizen Bright Chimezie, for

instance, is said to have had his two legs broken by his SSS torturers

in the Akwa Ibom State Directorate of the Service in Uyo.

All the circumstances, processes and procedures under which the above

named innocent Nigerians were arrested, accused, tortured and held

incommunicado are totally foreign, strange and unknown to the

provisions of the 1999 Constitution, the African Charter on Human and

Peoples Rights and the International Covenant on Civil and Political

Rights; all ratified by Nigeria in 1983 and 1993.
By Section 1(3) of the 1999 Constitution, the 1999 Constitution is

supreme, commander-in-chief and general overseer of all other laws in

Nigeria. By Section 35(4) of the 1999 Constitution, Section 27 of the

Terrorism Prevention Act of 2011 as amended in 2013 is dead and

buried; by virtue of its gross inconsistency with the said Section as

it concerns deadline for detention of citizens accused of whatever

crime in Nigeria. By Section 315 of the 1999 Constitution, all other

existing and newly created laws in Nigeria are mandatorily subject to

the provisions of the 1999 Constitution and shall be brought in tandem

and consistency by amendment or modifications with the provisions of

the 1999 Constitution. By Section 287(3) of the 1999 Constitution, the

decisions of the Federal High Court, the FCT High Court and the State

High Court shall be forced in any part of the Federation by all

authorities and persons and by other courts of law with subordinate

jurisdiction to that of the above named courts.
Instances of decided cases also abound. In a landmark judgment

delivered on 17th December 2015 by Hon Justice A.F.A Ademola of the

Abuja Division of the Federal High Court in Suit No FHC/ABJ/CS/873/15

(SSS v Nnamdi Kanu), the Judge while reversing his 10th November 2015

unconstitutional ex parte order for additional 90 days detention of

the Applicant (Nnamdi Kanu) for spurious allegations of “terrorism and

terrorism financing” by SSS held as follows:
....besides, there is no doubt that constitutional provisions remain

supreme and every citizen’s rights are strictly protected and

jealously guarded by Courts-see also Hassan v EFCC (supra). For the

period spanning over two months, the Applicant (Nnamdi Kanu) remained

in Respondent (SSS)’s custody. The Applicant is yet to be charged

formally of all terrorism suspicion before a Court of competent

jurisdiction.
From the foregoing, therefore, this Court holds that: (a) the

Respondents are not ready to grant the Applicant bail as per the Order

of the Chief Magistrate Court; (b) the Respondents lack enough

material to prosecute the Applicant; (c) the Respondents are yet to

make up their mind on the Applicant.
Therefore, whilst the Respondents are pondering on their next steps,

this Court holds that the Applicant’s detention for more than two

months in Respondent’s custody without filing charges before a Court

of competent jurisdiction on suspected crime is contrary to Section

35(4) of the 1999 Constitution.
The Applicant (Nnamdi Kanu) is hereby released unconditionally

pursuant to Section 35 (4) of the 1999 Constitution and in view of the

Respondent’s admission that there is no pending charge against the

Applicant. This landmark judgment was not only flouted and disobeyed

by the SSS, but also the Nigerian Army at the Onitsha Bridgehead in

Anambra State shot and killed over ten innocent citizens and wounded

scores of others in protest.
Similarly on 1st December 2016, another Abuja Division of the Federal

High Court, presided over by Hon Justice Gabriel Kolawole declared the

continued detention of the leader of IMN, Ibrahim El-ZakyZaky and his

wife, Malama Zeenatu without court trial as unconstitutional and

ordered for their unconditional release within 45 days as well as

payment of monetary compensation amounting to N25Million each to Malam

Zaky El-Zaky and his wife, Malama Zeenatu.
The duo had been in solitary detention without trial since 14th of

December 2015. They were shot severally at close range by Nigerian

Army and a total of 22 live bullets were reportedly removed from their

bodies: 18 bullets from Malam El-Zaky’s body and four from his

wife-Zeenatu. It is unclear whether they are still alive or dead in

SSS custody. Today marks the expiration of the 45 days judicial order

for their unconditional release and as expected, it is again flouted

and disobeyed by SSS.
Yesterday being 14th January 2017 marked 390 days or 13 months since

Malam ZakyZaky and his wife Malama Zeenatu were taken into SSS custody

and detained incommunicado without trial. This is unheard of in the

history of democratic Nigeria or since 1999. Citizen Nnamdi Kanu and

Citizen Dave Nwawuisi have also marked 450 days or 15 months in

solitary detention yesterday having been arrested by SSS on 14th

October 2015. Citizen Benjamin Madubugwu had also marked 18 months or

540 days in solitary detention having been arrested since July 2015.

The trio of Kanu, Nwawuisi and madubugwu have remained at pre-trial

proceedings or detained without bail till date.
We are therefore compelled to add our advocacy voice to that of the

Legal Defense team of Citizen Nnamdi Kanu and ors who disclosed in the

open Court on 10th January 2017 that “nine IPOB members who visited

Nnamdi Kanu in Kuje Prison have been killed by SSS after they were

arrested and taken into its custody”. This is in addition to the fact

that Citizens Justice O. Udo, Sunday Chuks Obasi, Ikechukwu Ugwuoha,

Asochukwu Boniface Ugochukwu, Sunday Okafor, Ekene Onuoha, Joseph

Okorie, Bright Chimezie, Ndubuisi Arum and Eta Stephen Bassey have

been solitarily held dead or alive by SSS for several months after

they were arrested and detained without trial. Since the dates of

their arrest, their families, lawyers and physicians have been denied

access to them.
Consequently, the authorities of the SSS are hereby called upon to

produce publicly and bodily alive the named solitary detainees in its

custody including Malam Ibrahim Zaky El-Zaky and his wife-Malama

Zeenatu. Their public presentation must be covered by the trio of

dependent and independent print, visual/audio visual and online media.

The solitary detainees, who must include all the 13 detained IPOB

members, must not only be publicly and bodily produced, but also be

made to speak to Nigerians independently and coherently in live media

coverage.
These the SSS must do within two weeks; otherwise all Nigerians

including this Organization shall have cogent reasons to conclude that

some or all of them including the detained Islamic cleric and his wife

have been killed by SSS in its custody as alleged. We also demand for

immediate and unconditional release of all 13 detained Pro Biafra

Campaigners and the leader of Shiite Muslim and his wife.

As we have repeatedly demanded, the SSS and the Buhari Administration

must end violent crackdown on nonviolent Pro Biafra Campaigners and

members of the Shiite Muslim Community. Such huge State energies and

resources being wasted in persecuting Pro Biafra Campaigners and

Shiite Muslims shall be adequately channelled towards the terrorist,

felonious and genocidal activities of Boko Haram and Fulani terrorists

that killed over 2000 innocent citizens in 2016 alone.

Note: The attached pictures are: 1 Citizen Ekene Onuoha, 2 Asochukwu

Boniface, 3 Bright Chimezie, 4 Moses Agbo, 5 Justice O. Udo, 6 Ugwuoha

Ikechukwu, 7 Sunday Okafor and 8 Ndubuisi Arum (High Chief Oko).

Signed:
Emeka Umeagbalasi, Board Chairman
International Society for Civil Liberties & the Rule of Law (Intersociety)

Call Line: +2348174090052
Email: [email protected]
Website: http://www.intersociety-ng.org
Obianuju Joy Igboeli, Esq.
Head, Civil Liberties & Rule of Law Program
Call Line: +2348180771506