By EMMANUEL OGEBE

This new year 2022 marks 20 years since the government of Kano State first started persecuting Prof Tarfa, founder of Du Mercy Orphanages, our factfinding reveals.

In 2002, the Kano branch of the orphanage was invaded by policemen accompanied by a magistrate who convened a session in the living room of the orphanage and summarily convicted Prof Tarfa on the spot in the most bizarre fashion.

However upon application to a high court for a review of this travesty by his counsel, the kangaroo proceedings of the magistrate was set aside by the superior court per a copy of the court order we sighted (attached.) The four children taken by Kano state government back then were returned to Du Merci orphanage upon the acquittal of Prof Tarfa the very day of the high court judgment.

However 20 years later, the same orphanage is still facing persecution by Kano state. 16 Du Mercy children are being illegally detained by Kano state despite the dismissal of bogus child-trafficking charges against the missionary who established Du Mercy Orphanages – Prof Solomon Tarfa – more than eight months ago.

It is hypocritical and atrocious that the Kano state government are kidnappers like the teacher who abducted and killed his student 5-year-old Hanifa. People in positions of trust and authority should not misuse their power and abuse vulnerable children. Kano State is just as culpable as little Hanifa’s abductor as three of the Du Merci children ended up in hospitals.

While two children were simply abandoned in a hospital sick according to credible reports, the case of Moses is the most pathetic. Moses’ mother traveled all the way from Uganda to the Nassarawa orphanage where Kano State Commissioner for Women Affairs Zahrau Umar had detained him. However Moses was not returned to his mother.

After she left however, Moses was badly burnt by fire in the Nassarawa orphanage. The orphanage staff did not do anything to assist him.

According to eyewitnesses, “on the 20th December, 2020, one of my younger brother Moses got burnt by fire... the children asked for . . mosquito net but the person in charge gave them mosquito coil instead…at the early hours of about 2.00 am the boy's room caught fire, one of the boys from Nassarawa Orphanage got burnt so also one of my brothers Moses. That same time the incident happened, I called the woman in charge of Nassarawa Orphanage to inform her about the disaster that occurred but she said “can’t come”. One of the children from Nassarawa Orphanage also called the commissioner and told her about the incident, she told the boy that she “won’t be able to make it that night”. With nothing more to do, I and one of the children from the Nassarawa Orphanage decided to rush the two children to hospital. I did not sleep throughout the period of the inferno; I couldn't sleep, my eyes were opened all through till the bright morning. All the officials from the government home, the commissioner, arrived in the afternoon around 2.00 pm. I wondered if the children who got burnt were their kids, will they respond the same way they did?

I left the hospital around 5 p.m. because of my younger siblings I left with no one to look after them. When I arrived Nassarawa Orphanage, the children from the government Orphanage had already accused my brothers and sisters of causing the fire. They said: “Du Merci Children are the ones who set fire in the room”. Furthermore, they refused giving my siblings food to eat when I accompanied the injured boys to the hospital from morning to afternoon for treatment. I had no option than to call my parents at home to send some food so that my juniors will eat, because they didn't eat throughout the day.

On the 24th December 2020 after our night prayers the children went to ease themselves in the toilet, only to hear my siblings shouting for help. When I ran to meet them to find out what was happening, I saw the children from the government Orphanage beating my juniors with different things, sticks, etc. As I made effort to separate them from fighting, Ladidi the 36 years old lady started fighting me. I avoided her advances and went to report to the officials of the government Orphanage, telling them to call the commissioner of women affairs so that this issue would be reported to her in order for her to find a lasting solution to these reoccurring tussles. I also called my parents and our lawyer and reported all that happened.

The commissioner did not come, instead, she sent her representative who came the following day 25th December, 2020. Instead of calling us together to ask questions and broker peace, they did not, rather, they called the children of the government Orphanage in a private room to discuss with them. I did not know the outcome of their meeting because I and my siblings were kept out of it. Later that day, I was called and told that I was the one causing problems, therefore, I should get my belongings and leave the premises of Nassarawa Orphanage immediately; with strong warning that if I insist on staying, I will be responsible for anything that happen to me. The Commissioner’s representatives over powered me and threw out my bags over the fence. That was the time I felt it was right to call my lawyer and parents. At that time the Commissioner’s thugs had left. Few minutes later, the lawyer, Barr. Gideon Uzu, arrived but the police and staff were strictly instructed not to ever allow me, my parents and the lawyer to visit or enter Nassarawa Orphanage again. While the lawyer was trying to educate them of the children’s right to be allowed for their lawyer and parents to visit and see them, the Nassarawa officials and police stood vehemently and resisted our lawyer's request to allow him or me to enter because they were delegated with authority from the Commissioner and will not grant his request.”

Below is a petition one of the grown Du Merci orphans has since started for the freedom of his siblings: “Please, join the petition for the release of 16 Du Merci Orphanage children incarcerated by Kano State Government of Nigeria by signing the petition. Thanks. https://chng.it/rDjvKDSwf6”.

The US embassy is conducting discrete investigations as to why the Du Merci orphans are still in unlawful captivity of the Kano state govt.

Similarly the UK government is wading into the matter. According to Vicky Ford, Secretary of State for Foreign, Commonwealth and Development Affairs, “The UK Government has emphasised to the Nigerian authorities the importance of a fair and transparent legal process for Professor Tarfa, in accordance with Nigerian law and international human rights standards. We understand that Professor Tarfa is still facing an additional charge and we will continue to monitor the case closely.

“The welfare of the children relocated from the Du Merci orphanage remains paramount. The UK Government will continue to engage with the Nigerian authorities to reiterate the need to ensure the children's safety and wellbeing, in the most appropriate care setting for their needs.”

The Secretary of State for Foreign, Commonwealth and Development Affairs was responding to an official inquiry from Labor Parliamentarian Ruth Jones “whether she has made assessment of the (a) treatment of Mercy, Destiny, Emmanuel, Martha and Esther Tarfa who were transferred to an orphanage in Gaya in Kano State, Nigeria and (b) implications for her policies of that matter.” Written questions and answers – Written questions, answers and statements – UK Parliament

Meanwhile the trial of Prof Tarfa continues on February 22nd on the same allegations he was charged with and acquitted 20 years ago. This is in violation of the constitution and the fundamental rule against double jeopardy.

Worst of all, Du Merci orphanage in Kaduna has already been demolished and the one in Kano forced out of the state but the persecution of Tarfa continues.

Ironically the world watched in wonder as the Moroccans struggled for days to save a 5-year old boy who was stuck in a well but in Nigeria it is the government that is the hell the Du Merci orphans are stuck in.

11 children are in Nassarawa Orphanage (10-15 years) and five children in Gaya Orphanage (4-8 years).

Five minors who were separated from the older children and transfered to a remote village in Gaya are:

- Emmanuel (5 years) whose name was islamized to “Ismail”,

- Destiny (5 years) islamized to “Samaila”,

- Mercy (4 years) islamized to “Amina,”

- Martha (5years) islamized to “Khadijat,”and

- Esther (8 years) islamized to “Fatima.”

We call for the immediate release of the Du Mercy 16. If their prior detention was unlawful, it is even more so now that Prof Tarfa has long since been acquitted of abduction by a superior court of law.

We demand that the government of Kano provide proper medical attention to Moses for his full and complete recovery, at a hospital selected by Prof Tarfa.

We demand that the government of Kano fly Moses’ mother in from abroad where she currently is to assess and care for her son.

We demand the immediate cessation of the prosecution/persecution of Prof Tarfa and the payment of compensation for his destroyed orphanage and malicious prosecution by Kano State.

We demand that the government of Kano pay the compensation in 2002 which has still not been paid 20 years later which is tantamount to executive lawlessness.

•Emmanuel Ogebe is of US NIGERIA LAW GROUP, Washington.

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