Dear All: As you are already aware, a signature drive has been going on for two days now urging Nigerian citizens and friends particularly in the Diaspora to express displeasure at an official directive from Abuja that prevents the renewal of the passports of and consular services to certain citizens of Nigeria. We asked that you send in your name, city and country of residence by Wednesday midnight October 14, 2009, unless President Yar'Adua had reversed himself before then.
Names of the signatories so far will be found at the end of the updated petition below.
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However, latest information provided by SaharaReporters shows that the Nigerian Government is already having some change of heart on the matter to beat our deadline. You can read the latest development yourself on:
About Face: Yar'Adua repudiates NIA memo on El Rufai and Ribadu, fires DG Imohe for memo
Up until this moment, however,
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(1) we have not seen any official documents concerning the repudiation of the NIA official,
(2) we have not seen any official document by the Foreign Ministry reversing the earlier order
(3) if true, would not understand the differential treatment of NIA and Foreign Ministry officials on the matter (after all, the Foreign Ministry gave the final order) and
(4) we have not been informed that the passports of both El Rufai and Ribadu have been actually renewed, or that they have been informed that they can proceed to have the passports renewed with immediate effect.
Consequently, we hereby press on with the petition, and urge that those who still wish to sign the petition can continue to do so until 12 midnight Wednesday, and those who might wish to correct/add information to their names given below can still do so. If it becomes necessary, we will revise the letter to commend those in the administration that made cooler heads to prevail.
We thank you for your patience and cooperation.
Bolaji Aluko
October 12, 2009
Dear President Yar'Adua: Our attention has been drawn to incontrovertible evidence that the Federal Government - as initiated by its National Intellegence Agency and perfected by the Foreign Ministry - has instructed its missions abroad not to renew the passports of certain named citizens of Nigeria, namely Messrs Nuhu Ribadu (former EFCC Chairman), and Nasiru El-Rufai (former Minister of Federal Territory) or grant any consular services to them.
The decision is a tragic reminder of the dark days of brutal military dictatorship when the confiscation of the passports of political opponents, human rights activists and pro-democracy campaigners was the order of the day. We are aware of only one occasion when the military government of Abacha frowned at the completed renewal of former Foreign Minister (and then NADECO chieftain) Prof. Bolaji Akinyemi's passport in Washington DC when an embassy official lost his posting and almost his job - but that was after the fact. Thus, to our knowledge, none of the military dictators ever directed Nigerian missions not to renew passports of their opponents BEFORE the fact.
As also pointed out recently by Barrister Femi Falana, we wish to draw the Federal Government's attention to the case of Director, SSS v. Olisa Agbakoba (1999) 6 NWLR (PT 595) 314 where the Supreme Court held inter alia:
“It is not in dispute that the Constitution gives to the Nigerian citizen the right to move freely throughout Nigeria and to reside in any part thereof. It also guarantees to the citizen the right not to be expelled from Nigeria nor be refused entry thereto or exit therefrom. Section 38(1) of the Constitution provides:
‘38(1). Every citizen of Nigeria is entitled to move freely throughout Nigerian and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom’
It is matter of common knowledge that for a Nigeria to travel out of Nigeria to another country he must first hold or possess a valid passport issued by the Government of Nigeria. See: Section 4(1) of the Immigration Act, Cap 171 LFN 1990 and the definition of the word ‘passport’ in Section 51 thereof. Without this document, he cannot leave Nigeria or be admitted to another country. It follows, therefore, that without a passport a citizen of Nigeria cannot exercise the right guaranteed him by the Constitution, of egress from Nigeria. Can it, then, be said that the right to hold a passport is not one guaranteed by the Constitution? That is a question that calls for determination in this appeal.
If the view is correct - and I subscribe to it – that possession of a passport makes exit out of Nigeria possible, it follows that without it a citizen of Nigeria cannot enjoy the right of egress from Nigeria given him by section 38(1) of the Constitution. In my respectful view, therefore, to hold or possess a passport is ancillary to the right of egress from Nigeria given in Section 38(1). It is, as rightly held by the Court below, per Ayoola JCA (as he then was), concomitant to the right of egress from Nigeria. It is a concomitant right without which the right of egress from Nigeria becomes hollow or empty”.
In the light of the foregoing, the decision of the Federal Government to effectively, gratuitously and vindictively strip any Nigerians of citizenship by denying them of their constitutional right to hold Nigerian passports without due process it is in clear violation of the provision of Section 38 of the Nigerian Constitution and Article 12 of the African Charter on Human and Peoples’ Rights.
We shudder at the thought that those of us in the Diaspora who criticize the government of the day for any reason may suddenly become passport-less and hence be unable either to carry out our jobs that require international travel, visit our families back at home, or worse still be subject to deportation by our host governments. We shudder at the thought of our Nigerian compatriots inside the country who can become shut in and hence cannot travel to visit their families abroad or carry out official or professional duties simply because their passports have been pre-emptively seized due to non-renewal.
Having regard to the fact that President Yar’adua is the current Chair of the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS) the denial of passports and/or their renewal is a clear violation of Article 3 of the ECOWAS Protocol on Community Citizens which has been ratified by Nigeria.
Under the circumstances, we urge the Federal Government to reverse the illegal and unconstitutional directive without any further delay, otherwise the decision will be challenged as a class-action suit. We also urge you to remind all government officials to be mindful not to issue or carry out unconstitutional and hence illegal orders under the guise of "orders from above/highest quarters." God does not commit atrocities, and the officials should be made aware that "The Devil made me do it" is no defence in law.
We urgently await your favorable response.
Please sign by simply sending your name, city and country of residence to [email protected]
Mobolaji E. Aluko, PhD, Burtonsville, MD, USA
Festus Onyegbula, USA
Prof Michael O. Kolawole, Melbourne Australia
Emmanuel Uzo Obi ,Raleigh,NC,USA
Nurudeen B. Akinyemi, PhD, Atlanta, GA, USA
Paul Olatoye, Laurel,MD, USA
Bob Olukoya, UK
Bunmi Fatoye-Matory, North Carolina, USA
Dapo J. Oladehinde
Sunday Olatunji, Atl. GA, USA
Atibioke Olugbenga Isaac, Germany
Steven Kueberuwa, Washington, DC, USA
Rotimi Ogunsuyi, Chicago, USA
Suleiman Baba, Barnsley, UK
Robert Olusoji
Musafau Wale Ashiru, Elkton, USA
Steve Nwabuzor, Michigan USA
Abdul Raufu Mustapha, Oxford, England
Kayode Ogundamisi, UK
Nigerian Liberty Forum, UK
Anthony Akabogu
Moziz Poshyommie Fabiyi
Kemi Akinyemi, Nigeria
Mike Offei, Norway
Chukwudube Egwuatu, London, UK
Fola Orekan
Kate Ebinum
Tola Osunuga
Abayomi Ayomide Adebimpe
Adebiyi Adewakun, Nothern Va. USA
Ike Diribe, Hardyston, New Jersey, USA
kehinde marcus ajayi, columbus, ohio u s a.
Olusoga Lati Odusanya, Old Trafford, Manchester, UK
Felix Ayanruoh Esq., New York, USA
Jeffrey Adams,Edmonton, North London, United Kingdom
yinka oguntokun, london, united kingdom
Niyi Fadeyi, Ontario, Canada
Musa A. Aibinu, Kuala Lumpur, Malaysia
Victor Olajumoke, London, UK
Tunde Adebanjo,West-Indies
Olalekan Oluwole Akinremi, Winnipeg Canada
Anthony Obiako, Mobile, Alabama, USA.
Pius Adesanmi, Ottawa, Ontario, Canada
Samaila Haddi,Houston USA
Isaiah O. Oladeji, PhD, Orlando, FL, USA
Sonala Olumhense, New York, USA
Fadahunsi Adeniyi, Shenzhen, China
Okeke Ndubisi, Toronto, Canada
Experience Nduagu, Turku, Finland
Ada Wendu, North carolina U.S.A
Hindu J. Abashiya, Lynn, MA, USA
Sulaimon O. Balogun, Riyadh, Saudi Arabia
Elisha Brownson, Kabul, Afghanistan
bashir muazu, kaduna, nigeria
Charles Obidigbo Ezugha, Shanghai , China.
Musendik Giwa, Fremont, CA
Babs Akinola, Grand Prairie, TX U.S.A
Lasisi O. Mohammed, Atlanta, GA. USA
Ademola Daramola, Rancho Cucamonga, CA, USA
Olurotimi Daudu, Calgary, Canada.
Omoruyi Dennis, London, UK
Uche Jonathan
Victor Akhomiotor Imhangbe, Kuala Lumpur,Malaysia
Enoma Osaigbovo, Dallas,Texas, USA
Osamudiamen Cyril Idehen, Berlin, Germany
olodegunre Bunmi John, Lagos, Nigeria
Jonathan Ross, Ilpen,The Netherlands
Fakolade Olumide Henry , Ile-Ife, Nigeria
Paul Akpofure, Dublin, Ireland
Chibuzor Ado Fidelis, Springfield, Illinois, USA
Joy Egwutu, Dublin , Ireland
Ahiamadu Jackson Samuel, Kuala Lumpur, Malaysia
Jon Okafo, London,UK
Lemmy Owan, Hertfordshire, United kingdom
Nduka Tolefe
Efoghor Omobude Festus, Las Palmas De Gran Canaria, Spain
Paul Shotunde, Essex, UK
John Olufemi, Palma De Mallorca,Spain
Mofeola Ayinde, Lagos, Nigeria
Mukhtar Adam, Abuja Nigeria
Olatunji Mubarak B., Manchester,UK
Kola Olutomilayo,Lagos Nigeria
Ezekiel Dariya, Abuja Nigeria
Chief Larry Ololo, Tulsa, Oklahoma,USA
Robert Olusoji, Dunboyne, Co.Meath, Ireland
Suleiman Baba, Barnsley, United Kingdom
Dr Abiola Olumide Oshodi, Dublin Republic of Ireland
Mutiu Leshi, Brooklyn , New York
Kofi Johnson, USA
Chidinma Chukwu, Chicago, USA
Deji Zaid Kolawole, Lagos, Nigeria
Oluwaseun Oyekan,London, UK
Abike Opeyemi Ojo, Blackpoool, UK
Steve Modojemu, Dublin, Republic of Ireland.
Majek Adega
Arnold Obomanu, Brighton, UK
Veronica Ajiboye, London, UK
Utake Emuobosa O., Porsgrunn, Telemark District, Norway
Mr. Christopher Eidangbe, New York City, USA
Professor Nonso Okafo, Ph.D., Norfolk, USA
Okey Nwofor, New York City, USA
Joseph Williams, Esmeraldas, Ecuador
Ted Nwaogu,
Isa Izuagie, Rockville, MD USA
adetunji onamade, Boston, MA, USA
Adegboyega Onasanya, Aberdeen, UK
Rev. Zacchaeus Olusegun Akinleye,Brooklyn, NY, USA
Tunji Keshinro, Liverpool, UK
Rev. (Dr) Femi Alabi, Brooklyn, USA
Adamu Mujeli Goni,Leicester,United Kingdom
James Ibidapo Osuma, Ski, Norway
Rev. Philomena Alabi, Brooklyn, NY, USA
Dr Francis A. Bejide, London, UK
'Dapo Osewa, UK
Taye Idris, Los Angeles, CA, USA
Philips ADEKUNLE, Osaka,Japan
Selba Pyentam, Toronto, Canada
Leke Alli,Tampa, FL,USA
Kunle OwojoriCalgary, Alberta, Canada
Adejumoke Akin-Taylor, CA
Amos Akin Adejinmi, London, UK
Comrade Victor Oshioke, Vienna, Austria
Biodun Sowunmi
Adeseni Coker
Joe Igietseme, Atlanta,GA,USA
Somi Obozuwa, Fort Lauderdale, USA
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