Falana threatens to sue Buratai for Ransome- Kuti’s release

Human rights lawyer, Mr. Femi Falana (SAN), has

threatened to sue the Chief of Army Staff, Lt.-Gen.

Tukur Buratai, for the release of a former

Commander of the Multi National Joint Task

Force, Brig.-Gen. Enitan Ransome Kuti, from

military custody after completing a six-month

prison term to which he was sentenced by a

Special Court Martial on October 15, 2015.

In his letter dated February 26, 2016, addressed

to Buratai, Falana said Ransome-Kuti was unjustly

sentenced to dismissal from the Nigerian Army

and six-month imprisonment.

Falana, who was Ransome-Kuti’s defence lawyer

at the court martial, said his client had since his

“unjust conviction” for “war-related crimes”

remained in military detention, even when he

ought to spend four calendar months in custody.

He said Ransome-Kuti’s continued detention

could not be justified under the Armed Forces Act

and the Constitution.

He stated that he might be compelled to

approach the court for the enforcement of

Ransome-Kuti’s fundamental right to person

liberty guaranteed by section 35 of the

Constitution and Article 6 of the African Charter

on Human and Peoples’ Rights (Ratification and

Enforcement) Act.

He said, “We are therefore compelled to request

you to use your good offices to ensure that our

client is released from unjust and illegal

incarceration forthwith.

“Take notice that if you fail or refuse to accede to

our request by ensuring the immediate release

our client we shall not hesitate to seek redress in

the Federal High Court with a view to securing the

enforcement of his fundamental right to person

liberty guaranteed by section 35 of the

Constitution and article 6 of the African Charter

on Human and Peoples’ Rights (Ratification and

Enforcement) Act (Cap A9) Laws of the Federation

of Nigeria, 2004.”

In his letter titled, ‘Request for release of Brig-

Gen. E.A Ransome-Kuti (N/8301) from custody

after serving six-month prison term’, Falana said

he had made representation to the army

authority with respect to the need for the findings

of the court martial to be confirmed.

He said Buratai flagrantly turned down the

request for Ransome-Kuti’s release pending his

appeal against the verdict of the court martial “in

flagrant violation of section 160 of the Armed

Forces Act (Cap A20) Laws of the Federation of

Nigeria, 2004.”

His letter read in part, “By letter dated 19 October

2015 we also requested the Authorities of the

Nigerian Army to release our client from military

custody pending the determination of the appeal

which he intended to file against the unjust

findings of the Special Court Martial which

convicted him of war related crimes and

sentenced him to six-month imprisonment and

dismissal from the Nigerian Army.

“For reasons best known to you the request for

our client’s release pending appeal was turned

down by your good self in flagrant violation of

section 160 of the Armed Forces Act (Cap A20)

Laws of the Federation of Nigeria, 2004.

“Thus, you caused our client to serve the six-

month prison term without the confirmation of

the findings of the Special Court Martial by the

Army Council.

“As if that was not enough, you have ignored our

demand for the release of our client since he

completed the six-month prison term on February

15, 2016.

“In our letter dated February 12, 2016 on the

subject matter, we had pointed out that our client

ought to have spent 4 calendar months in custody

by virtue of Regulations 54 and 55 of the Prisons

Regulations made pursuant to the Prisons Act

(CAP. P29) Laws of the Federation of Nigeria, 2004

which provides that every convict is entitled to a

remission of one third of the sentence imposed

by a court.”