Falana drags Buhari, National Assembly to court over terrorists attack on correctional centre
The Human rights lawyer, Femi Falana, has dragged President Muhammadu Buhari and National Assembly to court over the recent terrorist attack at the Kuje Correctional Centre in Abuja, the Federal Capital Territory (FCT)
Penpushing reports that, Falana, in the suit, asked the Federal High Court in Lagos to compel Buhari and the National Assembly to provide adequate security equipment across prisons in the country, while it is also recalled that during the invasion by the terrorists, over 600 inmates include 64 Boko Haram terrorists were freed.
The Senior Advocate of Nigeria,(SAN) joined the Controller-General of the Nigerian Correctional Centre as a defendant, and urged the court to declare that it is the Nigerian government’s constitutional responsibility to provide monitoring devices to protect, control and safeguard correctional activities.
Penpushing further reports that, Falana said this include observatory towers, double perimeter walls, close circuit television, body scanners, e-monitoring devices, electrically activated alarm systems and other instruments of restraint.”
The legal luminary, citing Section 28 (1) of the Nigerian Correctional Service Act, asked the court to determine whether the defendants are not under a legal obligation to provide monitoring devices, close circuit television and other instruments of restraint at correctional centres.
Penpushing also reports that, he urged the court to determine whether the defendants are not under a legal obligation to establish and maintain a fully equipped armed squad, intelligence and at correctional centres in line with Section 28 (2) of the Nigerian Correctional Service Act.
“That upon investigations into the uncanny and terrible attack, it was discovered that the correctional facility was not equipped with close circuit televisions and other security monitoring devices that it ought to have been equipped with.”
Penpushing reports, Falana in an affidavit deposed to by Barrister Ayodele Aribisala, a lawyer from his law firm, noted that the Controller General of the Nigerian Correctional Service acknowledged the porous nature of security arrangement across the detention centres.
“The failure of the Federal Government to provide these security equipment amounts to a contravention of the provisions of the Nigerian Correctional Service Act 2019. …upon investigations into the terrible attack, it was discovered that the correctional facility was not equipped with close circuit television and other security monitoring devices” court filings emphasised.
Penpushing further reports the plaintiff in the suit filed on 23 August, 2022, prayed the court to compel the Nigerian Government to establish and maintain a fully equipped armed squad, intelligence and investigation unit to enhance security, surveillance, monitoring, intelligence gathering and protection.
The renowned fearless legal practitioner urged the court to make an order directing the defendants to comply fully with the provisions of Section 28 (1), (2) & (3) of the Nigerian Correctional Service Act, pointing out that the court has the powers to compel the performance of a public duty where there is a remiss by a public officer.
Penpushing also reports that, Falana argued that the failure of the defendants to ensure compliance with Section 28 (1), (2) & (3) the Nigerian Correctional Service Act 2019 does not only impact negatively on the rights and security of members of the general public but also the security of the inmates as well.
Meanwhile, as at the time of filing this report, the suit instituted by the Senior Advocate of Nigeria (SAN), a known vibrant legal practitioner and human right activist has not been assigned to a judge for adjudication.
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