STAR INFORMATION: Frederick Fasehun Freed From Fictional Fetterdom - A Compilation Hailing Fasehun's Freedom With Commentary

by

Mobolaji Aluko, PhD

 ---------------------------------------------------------------------------- ALUKO COMMENTARY 

The capacity for (il)legal rascality and crude distemper by our police system even under a civilian regime is no where worse displayed than in this case of Dr. Federick Fasehun, physician, human rights advocate and urbane leader of the socio-cultural Yoruba organization with an understandably militant edge, the Oodua Peoples Congress (OPC). Those who thrive on calling Dr. Fasehun - or OPC for that matter - a bad name to hang him should now think twice after courts in the land, both in Lagos and Ilorin (and in Ibadan and Akure, in earlier judgements, with regard to OPC), have declared that he has no case to answer. One cannot fail to hail the courage of the judges who have taken a look at the charge sheets against Fasehun, and noticed the biased stink hanging out from them. What is more ridiculous is the hasty so-called "banning" of the "letters" OPC by the Obasanjo regime. How you can ban an organization of freely associating Nigerians who are not required by law to formally register their organization remains a mystery. Even under Abacha, NADECO was not banned - yet it was (wrongly) accused by that government for setting off bombs against the state. OPC has not been so accused. Why an organization should be banned for apparently being "over-zealous" in controlling armed robbery in Lagos, a function for which the police has little or no capacity, turns logic on its head. Finally, one must insist that the full Senate report of January/February 2000 on the OPC would soon see the light of day. In that report, chads of which are available, indications are that a full discovery of the salutary aims, aspirations and "modus operandi" of the OPC were revealed, but are now being suppressed because they do not accord with the wrong image which the blackmailing oligarchy and their minions and hangers-on would want the world to know about OPC. The world will still know. Let OPC be. Let Fasehun be. Call a Sovereign National Conference. Bolaji Aluko ---------------------------------------------------------------------------- The Guardian Saturday, November 18, 2000 

Court acquits Fasehun Grants prayer to sue police By James Dadzie IT was a double victory for founder of the Oodua Peoples Congress (OPC), Dr. Frederick Fasehun, yesterday as a Yaba Magistrate Court discharged and acquitted him of charges brought against him. A Lagos High Court also granted him leave to apply to bring a charge of contempt against Lagos State Police Commissioner Mike Okiro, Attorney-General of the Federation and one Inspector Sidiq. Fasehun and 41 others were and arraigned on October 20 at the magistrate court after mayhem unleashed some parts of Lagos State, particularly Ajegunle and Agege during which several people were killed. When the case came up again yesterday, the magistrate said she had before her the "advice" of the Director of Public Prosecutions (DPP), Lagos State which indicated that the DPP had no charge against Fasehun. "Accordingly, the first accused (Fasehun) is discharged," Mrs. Iyabo Akinkugbe ruled. As for the other accused persons, the court said the DPP had written that she had a case against them and as such, they should continue to remain in custody pending the time she would be ready to prosecute them. Answering questions from reporters at the court premises after his discharge, Fasehun said the attempt to clamp down on him and the OPC was unfortunate, especially when it is one of the groups which fought for the enthronement of democracy in the country. "Nobody can kill OPC; OPC cannot die," he said, adding: "OPC was not registered with anybody". "This country died a few years back; it is still in the mortuary". 

With Fasehun in court were his wife, Iyabo, and the Bashorun O'odua A. Osibote. While Fasehun was enjoying his freedom at the Yaba Magistrate Court, his leading counsel, Chief G.O.K. Ajayi (SAN) was moving an ex-parte motion at the Lagos High Court. In addition to granting the OPC chief leave to apply to bring a contempt charge, the High Court Judge, Justice Bode Rhodes-Vivour granted him leave to serve notice of the "application for attachment" and all other processes on Mike Okiro for leaving them at the Lagos State Headquarters of the Nigeria Police at Ikeja and on the Attorney-General of the Federation for leaving the same at the AG's office at Marina, Lagos and Inspector Sidiq for delivering them to the office of the state commissioner of police, Kwara State Police Headquarters, Ilorin. The motion is supported by a statement which said that the relief being sought is an order that Fasehun be at liberty to issue a writ of attachment against the respondents "for their several acts of contempt of the court in that on Monday November 13, 2000, they frustrated or caused to be frustrated and, in effect, counter-manded by themselves or through their subordinate officers and servants/agents respectively, the court order for the production of the applicant from Ikoyi Prison custody to the Lagos High Court premises for the purpose of complying with the court order for the execution of a bail bond for the applicant from prison custody". Fasehun is seeking the relief on the grounds that by their action, the respondents obstructed the administration of justice and brought the law into ridicule and contempt. 

Also in support of the motion was a 48-paragraph affidavit in which Mrs. Fasehun narrated how, on stepping out of Ikoyi Prison on Monday to go to the Lagos High Court and perfect her husband's bail bond, "some policemen stepped forward, squeezed my husband and bundled him into the back of their station wagon car". She continued: "The policemen then began shooting wildly and repeatedly into the air in all directions to the consternation of all of us and the general public now gathered around. The police then drove away with my husband in a convoy, still shooting into the air until the sound of the repeated volley faded away in the distance". In another 23-paragraph affidavit, Fasehun himself confirmed all the averments in his wife's affidavit and deposed further: "In forcing me into the police car, not less than eight policemen got hold of my two arms and violently compressed them to my sides and as I resisted being forced into the police car, they continually hit me with gun buts and with their fists whilst another set got hold of my legs from the the side of the car and were putting them into the car. "Their action resulted in injuries to my right fore-arm and my right big toe." Fasehun added: "I was then kept in the interrogation room of the police station and this was where I was kept throughout my stay in Ilorin without toilet facilities or water". 

It will be recalled that the OPC leader was charged to a magistrate court at Ilorin two days later (on November 15) for alleged offences of murder, arson, possession of firearms and ammunition without licence, and for unlawful assembly. However, he was granted bail in his own recognisance on the same day on the ground that the first information report filed did not connect him with any of the offences charged. With Ajayi to move the ex-parte motion were Chief Adigun Ogunseitan, Mr. Wahab Shittu and Miss Ngozi Ononye. Also present was Bashorun O'odua, Prince A. Osibote. The contempt proceedings will come up again at the Lagos High Court on January 8, 2001. ---------------------------------------------------------------------------- 

Fasehun Is Not Guilty, Lagos Court Rules P.M. News (Lagos) November 17, 2000 

The Yaba Magistrate Court presided over by Magistrate Iyabo Akingoke, this morning discharged and acquitted the leader of the Oodua Peoples Congress (OPC), of the charge of murder, illegal possession of firearms and disturbance of public peace, saying he has no case to answer. The ruling was based on the DPP's advice which stated that from the facts and statements obtained, there was nothing to prove that Fasehun ordered or advised people to kill anybody. The court affirmed that nothing incriminating was found against Fasehun and therefore could not be held liable. The DPP's letter ref: No LP ADV /313/2000/19 and dated Nov. 15, averred that Dr. Fasehun could not be held liable for the offences, especially when his own statement only referred to the philanthropist nature of his association. She said the fact that the OPC is a philantropic association remains unchallenged. 

The advice stated that the sixth accused person, Alhaja Abike, would be used as prosecution witness for the remaining four accused persons for whom a prima face case has been established in respect of unlawful possession of firearms and robbery. Receiving his freedom with joy, Dr. Fasehun said the struggle would continue and that the Sovereign National Conference is a must. Speaking with newsmen, Dr. Fasehun described as unfortunate his arrest, especially when he was one of those that fought for the enthronement of democracy in Nigeria. Justifying why the OPC can't die, he said the organisation was never registered with anybody and affirmed that its members are only exercising their freedom of association. Assisted by his wife, Mrs. Iyabo Fasehun, the OPC leader drove away in his waiting Honda Accord car with registration number AJ 95 AGL. Dr. Fasehun was arrested in the aftermath of the recent violent eruption between the OPC and militant Hausa youths in Lagos which left over a hundred people dead. -------------------------------------------------------------------------- 

PostExpress Category: News Date of Article: 11/14/2000 Topic: Fasehun, OPC Leader, Granted Bail Author: Emmanuel Edom and Tunji Adeyemi 

Detained leader of the banned O'odua Peoples Congress (OPC), Dr. Frederick Fasehun was, yesterday, granted bail by a Lagos High Court. He was arraigned for illegal possession of firearms, murder and arson by the law enforcement agents. Fasehun, who is scheduled to appear before a Yaba magistrate court on Thursday for the commencement of his trial, was granted bail on self recognition while three others who were also detained for the same offences were granted bail with two sureties for N100,000. (the three others are Messrs Sulaiman Ajisefini, Rotimi Popoola and Fatai Olanrewaju). Justice Vivour Bode Rhode, who granted the bail application filed October 28, this year, adjourned the matter twice on the ground that the defendants, namely the Attorney General of Lagos State and Lagos State Commissioner of Police, were not properly served with the motion papers. 

Fasehun, who had eight lawyers as his counsels among whom are Chief G.O.K. Ajayi, SAN, Chief Debo Akande, SAN, and Mr. Ayo Opadokun, had, in a 21-paragraph affidavit, deposed to by his wife, Iyabo, said among others; * That without any reason and for no just cause the respondents claimed that the disturbances were caused by the OPC, a Yoruba socio-cultural, self determination group, whose leader is Dr. Frederick Fasehun. * That none of the other applicants, who are also members of the OPC, was involved in the commotion or was anywhere near the scenes of the commotion. * That although the respondents claimed that many lives were lost as a result of the strife and disturbances, they (the accused) did not involve themselves in the killing of any person or persons and that they did not instruct, instigate or assist anybody to kill or to injure other persons and did not by themselves or in collusion with other persons bring about or contribute to the said civil strife and disturbances. -------------------------------------------------------------------------- 

The Guardian Tuesday, November 14, 2000 Fasehun, OPC leader, released, re-arrested By Sylvester Ebhodaghe, James Dadzie and Lekan Sanni 

AFTER almost a month in detention, Oodua Peoples Congress (OPC) leader Dr. Frederick Fasehun and three other suspected members of the Yoruba socio-cultural group were yesterday released on bail by the Lagos High Court. For Fasehun, however, the air of freedom was short-lived as he was rearrested by men of the Kwara State Police Command a few seconds after he was being led out of the Ikoyi Prisons, Lagos. Before the embattled activist got the bail on self-recognition, the prosecution had stunned the expectant audience in the court when it said it had no case against Fasehun. The other OPC members q Are Sulaiman Ajisefini, Rotimi Popoola and Fatai Olanrewaju q were granted bail in the sum of N100,000 each with two sureties. Fasehun and 41 suspected OPC members were arraigned before a Yaba magistrate court on October 20 for alleged murder, arson and armed robbery after the October bloody clashes in Lagos. Following this, they, through a team of seasoned lawyers led by Godwin O. Kolawole Ajayi (SAN), applied for bail at the High Court. 

Justifying the bail, Mr. Justice Rhodes-Vivour recalled the prosecution's submission that it had a case of robbery against Ajisefini, Popoola and Olanrewaju, but pointed out that the act (robbery) is not a capital offence simplicita." Besides, Rhodes-Vivour held that none of the respondents (Inspector General of Police, the state police commissioner, Attorney General of Lagos and Attorney General of the Federation), had filed a counter-affidavit to the averments deposed to in the affidavit in support of the application for bail. He argued that under S.106 of Criminal Procedure Act, (CPA), it is the duty of the police to bring such material facts to the court if they had a case against any person they believed has committed an offence. The judge added: "The prosecution has said it has no case against the first applicant (Fasehun). As regards the other applicants, it (prosecution) says it has information on robbery but it is yet to bring such information. 

Robbery is not a capital offence simplicita. "Accordingly, the applicants are granted bail in the sum of N100,000 each with two sureties." Moving the application for bail, Ajayi with whom were Adigun Oguseitan, Ayo Opadokun, Wahab Shittu, Ngozi Ononye, Adebayo Adeniji and A. Akinwole drew the court's attention to the fact that the prosecution had filed no counter-affidavit. "We therefore, take it that the respondents don't object to any of the averments contained in our affidavit and, affidavit of urgency in support of our application." Ajayi submitted that the court would have to consider the burden of proof, and the quality of law and urged that it is the respondents who should prove whether or not the applicants were entitled to bail. He cited the Court of Appeal decision in the case of Eyu vs the State, 1998, 2NWLR, and submitted that a capital offence is a bailable offence. What are the facts placed before the high court by the respondents in this application. 

The answer is none," he submitted. Besides, the legal luminary told the court that the respondents had failed in their duty since there is nothing from them against the applicants. He also cited the case of Chinenelu vs Commissioner of Police, 1995, 4NWLR, page 467, part 390, submitting that the court was given no choice but to grant bail to the applicants in the circumstances. Acting Director of Public Prosecutions, Lagos State, Grace Onyeabo with whom were Biola Fatuye told the court that after a thorough study of Fasehun's case file, they found nothing against him. "My Lord, we got the case file last week. We have gone sufficiently through and we have no fact in that file to support the charge against the 1st applicant (Fasehun)," he said. Drama however, ensued when she stated that: "In respect of the other applicants, there are facts." 

Immediately, Ajayi rose from his seat and retorted: "I object." Just as he was completing the pronouciation of 'Object,' the judge told Onyeabor: "If you had wanted to state your case, you would have deposed to an affidavit." Determined to sway the court, the lawyer said: "My Lord, we intend to do that - to file a counter affidavit." Again, the judge asked: "Why didn't you do so before now?" Onyeabo responded: "We wanted to do it but throughout last week, we had no light." Instantly, there was an uproar from both the bar (lawyers) and people at the gallery. Undettered by this, she insisted that the other three applicants had a case to answer. "As far as the first applicant is concerned, we have no case against him. But we actually have something against the other applicants. 

So we are urging court to give us time to file counter affidavit." Rhodes-Vivour, not swayed by Onyeabo's explanations, said "it is a bit difficult" since "Ajayi has moved the application." But the jubilation elicited by the ruling was short-lived as Fasehun was re-arrested by a team of armed policemen from Kwara State. Although the reason for his arrest was not disclosed to The Guardian, police sources said that it may not be unconnected with the clash between suspected OPC members and police in Ilorin recently. Sources further disclosed that "during the interrogation of some of the youths arrested in the clash, Fasehun was allegedly mentioned in their attempt to enforce the installation of a Yoruba traditional ruler in Ilorin. Lagos State Police Commissioner, Mike Okiro said the Kwara State Police Command picked the OPC boss after "he had been granted bail by the court." According to him, the police came with a warrant of arrest issued by a court in Kwara State. 

Efforts to get the response of the Kwara State Police Commissioner did not yield any positive result. At Fasehun's home, a member of the family said he had not returned. At about 3.30 p.m. yesterday, heavily armed policemen from both the Kwara and Lagos states commands were seen preparing to escort Fasehun to Ilorin. Meanwhile, the Lagos State House of Assembly yesterday alleged indiscriminate arrest of Yoruba people in the Ajeromi/Ifelodun local council area of the state by the joint military and police patrol sent to the area to maintain peace in the wake of recent crisis between Hausas and members of the Oodua Peoples Congress (OPC). The House has therefore summoned the State Commissioner for Home Affairs to appear before it on Thursday regarding the issue. A member of the House, Sina Ogunkoya (Ajeromi/Ifelodun II), who raised the issue under matters of urgent public importance, said that innocent Yoruba were being arrested daily under the guise that they belong to OPC by the security operatives. Ogunkoya said that as a legislator representing the constituency, he was being inundated daily with reports of arrest of innocent people, suggesting that the joint patrol had already shown its bias. 

According to the lawmaker, those sent to maintain peace in a troubled area, should not go about molesting innocent citizens. He regretted that those arrested were constantly humiliated as they were being asked to undress to find if they had incision on them. According to him, the Yoruba with any form of incision is automatically labelled an OPC member and would be detained. Other lawmakers who spoke on the development condemned it as they warned that such victimisation would only aggravate the crisis. The lawmakers, however, refused to invite the state Police Commissioner, Mr. Mike Okiro as according to them, he had turn down similar invitations in the past. The legislators also noted that the commissioner could only be invited as a friend of the House since he is operating under a Federal Constitution. In another development, the House has given approval for the creation of a Lagos State High Court in the Ikorodu Judicial Division. The motion for the approval was brought by Mr. Babajide Omoworare, Chairman Judicial Committee, representing Ifako Ijaye Constitutency. ------------------------------------------------------------------------- Thursday, November 16, 2000 Fasehun regains freedom 

IT was victory songs at an Ilorin Magistrate's Court yesterday as the founder of the recently outlawed Oodua People's Congress (OPC) Dr. Frederick Fasehun, regain freedom from police detention. A few days ago, Fasehun recorded a similar victory when a Lagos High Court granted him bail over his alleged role in the recent mayhem in Lagos. The joy was however short-lived as men of the Kwara State police command picked the activist up shortly after. He was in the fresh police 'net' for about 48 hours. Fasehun, along with five others, was charged to the Ilorin magistrate's court yesterday with criminal conspiracy, disturbance of public peace, inciting disturbance, possession of criminal charms and committing grievous act contrary to section 97, 113, 114, 217 and 241 of the penal code. 

They were also charged with alleged possession of prohibited firearms, contrary to Section 3 of Firearms Act CAP 146 of the Law of the Federation. Men of the Kwara State Police Command had on October 14 this year at about 10:45 a.m., along Oko Olowo Express Road, Ilorin, arrested five male adults suspected to be OPC members on an alleged invasion of Ilorin. The accused persons arraigned with Fasehun were Salami Ayinde, Rabiyu Ayinla, Liadi Maradisa, Musibau Olalere, Raimi Adebayo and Rabiu Ayinla, all residents of Shaki in Oyo State. But the suspects detained in Ilorin prison custody since their arrest were suddenly charged along with Fasehun. However, ruling on the oral application for bail by a group of lawyers led by Chief J.T. Adeyemi, the magistrate, Ayodele Idowu, citing the argument of the defence counsel, said that it would be difficult to link the accused person with charges levelled against him, as he was not at the scene of the alleged crime. The arraignment had taken a drastic turn when one of Fasehun's counsel, Abeny Mohammed, drew the attention of the magistrate to a similar case involving the 2nd to the 6th accused before another magistrate's court in Ilorin. 

According to Mohammed, a member of the human rights group in Nigeria, "the first accused person was abducted by the Kwara State policemen at the high court premises in Lagos soon after his bail three days ago. "On the contrary, the 2nd to the 5th accused were charged to court on the 16th day of October. They are still appearing before Magistrate Abdulkadir over similar charges. The FIR is still pending before your learned brother. "The law is that, every person is criminally responsible for his actions or omissions, there is no presumption of criminality. You can't presume crime, it must be committed, they have not said anything against the first accused person. "Politics, sentiment and unnecessary bravado being displayed in the court is not part of the law. We are not in the state of anarchy. 

The police are trying to bring confusion. If you grant the 2nd to the 6th accused persons bail and if your learned brother with whom a similar case is pending refuses them bail what happens? The only order to be made in order not to ridicule the bench and the bar is to refer the 2nd to the 6th accused to the learned brother's court so that the motion can be heard there on this merit," he added. He like other defence counsel, (Adeyemi, Wale Oba Dofin, Akin Osewa, Femi Abifarin and Mohammed Aminu), prayed the court to grant the first accused bail. In his ruling, Idowu said: "After a careful study of the brilliant submissions of the defence counsel, the FIR did not state that the first accused was arrested along with the others. "Besides, motion on notice for the bail on he 2nd to 6th accused had already been filed ,before another court, billed for hearing today. 

So this court will be silent on the suit of the bail of the 2nd to the 5th accused. "The group of learned counsel's submissions agreed to this, otherwise it would amount to the pollution of justice. "But there is no justiceable reason in this case to warrant the refusal of the bail of the first accused. "Therefore, the first accused person is placed on bail on self recognition". But for the prosecuting counsel Abdulsalam Alade, who had argued before the court of the danger of granting bail to Fasehun, shouts of joy rent the court premises as Iyabo, wife of the OPC boss, hugged her husband. Alade had argued that Fasehun could regroup his members if released on bail to venture into another alleged invasion of Ilorin. Spotting a multi-coloured buba and knicker, Fasehun, brought to the court premises at about 10 a.m. under tight security had his case decided at about 3 p.m. Among the crowd of relatives who besieged the court premises were Mrs. Bolanle Afolabi (Nee Fasehun) and a son of the activist. Speaking with reporters shortly after his release on bail, Fasehun praised the courage of the presiding judge as he renewed his confidence in some of the nation's professionals. 

Besides, he urged the release of other detained OPC members within 24 hours as he reiterated his claim on the OPC as a peaceful socio-cultural body. He added: "I hope this nation will allow OPC to show its positive side. I don't regret being the founder of the OPC but I only regret its perception in a negative way". Hearing in the case has been adjourned to December 18. -------------------------------------------------------------------------- 

BBC News Online: World: Africa Friday, 17 November, 2000, 18:12 GMT Nigeria: Vigilante leader freed 

A court in Nigeria has freed the leader of a militant Yoruba group who had faced murder charges following ethnic violence last month in which at least 100 people, mostly Hausas, were killed. The prosecution withdrew the charges against Frederic Fasheun, of the Odua People's Congress (OPC). It told the court there was no evidence to link him to the violence between Hausas and Yorubas in Lagos, which left many streets in Nigeria's biggest city strewn with bodies. The government had blamed Mr Fasheun's group for inciting the clashes. Vindicated Speaking to journalists afterwards, Mr Fasheun said he felt vindicated by the outcome. Murder charges against five others were also dismissed, but a further 36 people face other charges connected with the violence. 

The Nigerian Government has not ruled out the possibility that it may appeal against the result. The spokesman for President Olusegun Obasanjo, Doyin Okupe, told the French news agency the government would be looking into the result. We believe in our judicial system and their competency," he said. "But if we think that justice has not been fully done or that an error has been committed... the federal government has the right to appeal," he added. OPC banned He also rejected Mr Fasheun's assertion that the government did not have the power to ban the OPC. "Frederick Fasheun is not the government... The government has said it has banned the OPC and as far as the government is concerned the OPC remains banned," he said. 

The OPC, a vigilante group established in 1995 supposedly to fight for the Yoruba people, has been accused of involvement in a series of clashes in Lagos since democracy returned to Nigeria last year. More than 200 suspects were arrested by police in connection with the Lagos violence after the government banned the vigilante group and ordered the arrest of its leaders and supporters.