LEDAP TO NIGERIAN GOVERNMENT: ABOLISH DEATH PENALTY NOW!
As the world marks the 16th World Day against the Use of the Death Penalty with the theme “Living conditions on death row”, Legal Defence & Assistance Project (LEDAP) calls on the Nigerian government to put an end to the use of death penalty, but in the meantime urgently introduce moratorium on sentencing and execution, and improve the conditions of detentions of death row inmates.
Over the years, LEDAP has consistently campaigned for the abolition of the death penalty by providing direct free legal assistance to death row inmates, supporting legislative enactment on moratorium, conducting public poll survey on the use of death penalty and the inhumane living conditions of death row inmates.
Our findings revealed that death row prisoners are subjected to two distinct punishments: the death sentence itself and the prolonged years of living in inhumane conditions that include poor health care, overcrowding, poor feeding and poor medical attention. Prisoners on death-row live in a state of constant uncertainty over their possible date of execution. For some death-row prisoners, the anxiety results in a sharp deterioration in their mental and emotional wellbeing. This manifested in the case of Olatunji Olaide, who was exonerated by Court of Appeal after spending 24 years on death row. Olatunji died shortly after his release from prison due to his terrible ill health and untreated eye condition from prolonged detention.
LEDAP is particularly worried that the appalling prison conditions have serious damaging effects on the mental and physical health of the inmates. These conditions further infringe on their rights, particularly right to human dignity and freedom from torture, cruel, inhuman or degrading treatment. LEDAP believes that the human rights of death row inmates should be protected at all times. The dignity of the human person must be preserved, both within and outside the prison walls.
LEDAP therefore calls on the Government to respect the sanctity of life, by taking immediate steps to abolish death penalty and replace same with term of years or life imprisonment. In the meantime, Government should provide the necessary infrastructure and facilities needed to cater for the welfare of death row prisoners.
For: Legal Defence and Assistance Project (LEDAP)
The Legal Defence and Assistance Project (LEDAP) has threatened to sue 15 members of the All Progressive Congress (APC) senators in National Assembly who defected to Peoples Democratic Party (PDP), if they fail to resign.
In a statement signed by the National Coordinator, LEDAP, Mr. Chinonye Obiagwu, the group said its position is informed by the provisions of section 68 (1)(g) of the 1999 constitution of Nigeria, as amended.
The section provides that any legislator who defects from the party, which sponsored his election to the National Assembly, where there was no division in the party, must vacate his seat in the National Assembly.
“The Supreme Court has acknowledged this section of the constitution in the case of Hon. Ifedayo Abegunde v. the Ondo state house of assembly SC.643/2014.
“The principles enunciated by the Court in the Fedeco v Goni supra and AG Federation v Abubakar (supra), are to the effect that only such fractionalization, fragmentation, splintering or “division” that makes it impossible or impracticable for a political party to function as such will, by virtue of the proviso to Section 68(1) (g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection,” the group said.
Therefore LEDAP insisted that any legislator defecting to another party, must resign, otherwise such legislator will be acting unlawfully and, has no right of vote at the National Assembly.
His words: “Thus, all motions or bills passed by the National Assembly in which such legislator participated in the debate or voted in the passage are null and void.
“The National Assembly as the lawmakers of the nation must obey the law. If these legislators fail to resign, LEDAP will seek legal action to nullify their continued sitting in the upper chambers and to nullify all bills and motions in which they participated or voted.
Culled from TheGuardianNewspaper
The Legal Defence and Assistance Project on the 20th of January, 2016 filed an action at the Investment and Securities Tribunal against the Security and Exchange Commission and The Nigerian Stock Exchange challenging the power of the Security and Exchange Commission in allowing states government raise bonds in the open market.
The reason for this action is that the Investment and Securities Act in section 224(3)(a) made clear provisions on the conditions any state government must fulfil before it is granted loan or credit or bond in the capital market and these conditions are strict and ought to be followed and complied with strictly.
The claims sought by LEDAP are as follows;
At the last proceeding, which came up on the 27th of February, all parties adopted their applications before the tribunal. The matter has been adjourned to the 22nd of May for Judgment.