Falana: Why FG should pay ransom for the release of any person abducted

Human rights lawyer Femi Falana SAN has stated that “the federal government is under a legal obligation to secure every person in Nigeria, and by extension, a duty to pay ransom or refund the ransom paid for the release of any person abducted in any part of the country.”

Falana stated this today in Lagos while delivering the 2019 Anthony Cardinal Okogie Foundation Annual Lecture.
In the lecture titled: Security Of Life And Property – A Prerequisite For Peaceful Co-Existence – The Roles Of The State And The Church, Falana said, “The government is under a legal obligation to guarantee the security and welfare of the Nigerian people and foreigners visiting or living in the country. But due to the failure of the government to secure life and property in the country armed robbery and abductions have increased phenomenally.”

According to Falana, “Nigerians and foreigners, private persons and public officers have fallen prey to the criminals. On a few occasions, some victims of armed robbery and kidnapping have killed the victims. But majority of the victims of abduction have been released upon the payment of ransom by their family members.”

The paper read in part: “Since the security and intelligence agencies have no solutions to the increasing wave of abductions the federal government was said to have paid ransom to the leaders of the Boko Haram sect for the release of majority of the abducted Chibok and Dapchi school girls.”

“Whenever serving or retired public officers or foreigners are abducted officials of state governments are usually involved in negotiations with kidnappers. At the end of such negotiations the agreed ransom is paid to the kidnappers. Once the ransom is received the victims of abductions are released. In other cases, relatives of victims are compelled to negotiate and pay the ransom to secure the release.”

“Sometime last year, a kidnapped Canadian who paid ransom before his release disclosed that apart from paying the ransom demanded by his abductors the police who delivered the sum for a fee. Last month, three undergraduates of the Ahmadu Bello University were kidnapped.”

“After the parents had paid ransom to the kidnappers for the release of the students the Police claimed to have rescued the victims. The claim of the Police infuriated the parents of the victims who declared that they had negotiated and contributed N5.2 million for the release of the students.”

“The Kaduna state chapter of the Christian Association of Nigeria which claimed to have paid about N300 million as ransom in the last three years is at liberty to ask for a refund from the federal government. After all, Governor Nasir El Rufai once disclosed that he had paid an undisclosed sum of money to some criminal elements to stop them for further killing people in Kaduna State.”

“In a couple of human rights cases, the ECOWAS Court of Justice has held that it is the responsibility of the member states to protect community citizens. Hence, the federal government has been ordered to pay damages to family members of community citizens who were killed by armed persons who were not arrested and prosecuted.”

“It is undoubtedly clear that the federal and state governments are not committed to democracy and social justice. Hence, any form of opposition is now regarded as a terrorist activity. The dangerous policy should stop because Nigerians are not a conquered people.”

“Since the fundamental rights of Nigerians to freedom of expression and freedom of assembly and association have been guaranteed by the Constitution all criminal charges against protesters should be dropped while the proscription of IPOB and IMN should be lifted.”

“In view of the fact that the federal government has been negotiating with terrorists and bandits it should enter into dialogue with the leaders of the IPOB and IMN. In line with the provisions of the law the police should stop breaking up rallies but provide adequate security during protests.”

“In sanitizing the society schools and religious institutions should be regulated and monitored to stop the teaching of negative values which are subversive of national morality and national security. Local and foreign films which promote superstition, acquisition of illicit wealth and immorality should be regularly censored by relevant agencies.”

“More importantly, governments should lead by example by removing corrupt people from the public service. Religious groups and professional bodies should discipline their erring members while law enforcement agencies should intensify the campaign against impunity in the country.”

“Section 227 of the Constitution has prohibited the use of quasi military organization or armed groups for display of physical force or coercion in promoting any political objective or interest. The Electoral Act has also banned the use of political thugs while Section 2 of the Anti-Torture Act has criminalized the infliction of torture on any person in Nigeria while the Terrorism Prevention Act has prohibited the use of violence to achieve any political objective.”

“But in spite of the provisions of such laws many political leaders recruit armed thugs for intimidating political opponents and rigging of elections. The criminal elements are well paid, given enough money to buy arms and ammunition, as well as illicit drugs. The armed police and military personnel attached to top politicians are bribed to aid and abet the criminal activities of the political thugs.”

“In the Niger Delta region, the thugs who had been armed by political leaders were dumped after the 2003 general elections. In frustration they became armed themselves with weapons bought for them by the politicians. They embarked on abductions and collected huge sums of ransom to release the victims.”