Federal High Court Abuja On Nnamdi Kanu’s Case

Federal High Court Abuja On Nnamdi Kanu’s Case

Nigeria has no Treasonable Felony case against Kanu and others.... NIGERIAN JUDICIARY AND LEGAL PROCESS IS AN AFFRONT TO HUMAN DECENCY & COMMON SENSE

BINTA NYAKO AND HER JUNGLE JUSTICE MUST STOP TOMORROW 17 OCT. 2017

How can Nigeria through Justice Binta Nyako, lock up people for over two years without any evidence whilst looking for evidence to justify the charges. Is it not the case that in Common Law, as practiced in Nigeria, you obtain credible evidence before you charge a suspect to court? After reading this brief synopsis of the phantom treasonable felony trial, the world will understand why the Nigerian government were desperate to link IPOB to the purported importation of pump action guns from Turkey.

For two years Benjamin Madubugwu, David Nwawuisi, Bright Chimezie Ishinwa, Chidiebere Onwudiwe who are all facing treasonable felony charge with Nnamdi Kanu were denied bail because according to Buhari's government, the charge of treasonable felony is not ordinarily bailable- whatever that means. They have been held illegally, according to legal rules and procedures, in detention in Northern Nigeria, on a charge that the state of Nigeria is yet to place any evidence before the courts. This is not only criminal, it is sheer evil. As ridiculous as this may sound, it is true.

Going by the ruling of Justice Binta Nyako, attached below and highlighted in yellow ink, she made it clear in simple English that there is no material evidence placed before her court to justify the sustenance of the frivolous treasonable felony charge. Instead she gave the prosecution time to produce a tape and bring witnesses. Where on earth have you heard or seen such a thing before. You hold somebody in custody on a bogus charge, you then give the government time to go and fish for evidence. Yes, that was exactly what Buhari's government pressured Justice Binta Nyako to do. Read it for yourself below.

In this bizarre injudicious ruling, Justice Binta Nyako acknowledged and wrote it down in her ruling that the only evidence Buhari's government was relying on (alleged tape recording) and witnesses will be tendered at a later date. What this means is that there is till date no evidence to back up treasonable felony charge before Binta Nyako court but she miraculously decided to detain innocent people without any evidence because Buhari her fellow Fulani Muslim Northerner and ruler of Nigeria wants her to use the courts to effect what amounts to extra judicial detention of innocent Biafrans.

In any court of law in any civilised part of the world, Binta Nyako will be de-robed and sent to jail for perverting the course of justice. You don't lock up innocent people asking for referendum and throw away the keys because the government don't like what they are saying. You detain people based on the strength of the evidence against them not because of their ethnicity and unsubstantiated trumped up charges. Unfortunately in Nigeria, when Buhari and his APC party says a person should be locked up, that person is locked up even without evidence.

Here is it in black and white in the words and ruling of Binta Nyako that the much taunted treasonable felony charge against Kanu and others have no accompanying evidence or witnesses before any court of law; and this is after 2 whole years. The lawyers should do the needful tomorrow and ask for the charge of treasonable felony to be thrown out. All detainees should be granted unconditional release because it's grave injustice to hold somebody without evidence or trial for 2 years.

The truth is that this government of Buhari is not prepared for any treasonable felony trial because they have no evidence as Justice Nyako said in her ruling. That is why they use adjournment after adjournment to frustrate the case and when Kanu secured bail, they went to his house to kill him before the next court date. If Nigeria had any case they are confident of winning in a court of law, they would have allowed Kanu to appear in court.

We must all demand for the unconditional release of Benjamin Madubugwu, David Nwawuisi, Bright Chimezie Ishinwa, Chidiebere Onwudiwe and others. Say no to judicial thuggery.

BIAFRA: CALL JUSTICE BINTA NYAKO TO ORDER FOR NOT CARING ABOUT NNAMDI KANU SHE GRANTED BAIL: A SERIOUS WARNING TO NJC

By Mazi Onyebuchi Eze
For Family Writers

On the matters arising from the court sitting of 17th October, 2017 where the case of treasonable felony instituted by Nigeria government against Mazi Nnamdi Kanu and other 3 defendants resumed hearing, Justice Binta Nyako, the presiding Judge once again demonstrated a high class judicial stupidity when she obviously showed that she does not care whether the person she granted bail has been killed by the Nigerian army which invaded his residence and took away or not. During the court proceeding, the trial Judge asked about Nnamdi Kanu who was absent in the court because Nigeria army personnels on the firm instruction of Nigerian government invaded his house on September 14, 2017 and took him away and massacred many others in the compound.

Bar Ifeanyi Ejiofor, the lawyer of Mazi Nnamdi Kanu who narrated how Nigeria army invaded the residence of Nnamdi Kanu with armoured tanks and killed 28 persons and took away Nnamdi Kanu and his parents to unknown destination. However, the high point of Justice Binta Nyako's stupidity was when she declined any response on the fact that a report was given to her about a military invasion of the person who the court granted bail.

It is on this judicial stupidity demonstrated by Justice Binta Nyako that I hereby call Nigeria Judicial Council (NJC) under the chairmanship of Hon Justice Walter S. N. Onnoghen to as a matter of urguncy call Justice Binta Nyako to do order over her reckless behaviours and utterances. For the information of Justice Binta Nyako, Nigeria Federal High Court as an institution and National Judicial Council (NJC), with my over the years knowledge as Human Right Activist with Grace & Justice Human Right Legal Aid, I want the world to know that Justice Binta Nyako, Nigeria Federal High Court and NJC are first set of people and institutions responsible for the inability of Nnamdi Kanu to run for his life when it was obvious that Nigerian army was after him by the September 10th failed attempt to assasinate him by Nigeria army. If not because Justice Binta Nyako of Nigeria Federal High Court and a member NJC siezed his international passport as part of conditions of his bail, Mazi Nnamdi Kanu would have escaped Nigeria army's invasion of September 14, 2017 where he was captured and probably killed by the army, as he can to court from anywhere. The siezure of his passport by the court rendered him incapable of running out of Nigeria for escape even when faced with imminent danger from Operation Python Dance.

Now, that the army has taken Nnamdi Kanu to unknown and probably has killed, Justice Binta Nyako should know that if she does not make haste and bring the leadership of Nigeria army to account for the whereabout of Nnamdi Kanu, she risk putting NJC into trouble because her obnoxious bail conditions rendered Nnamdi Kanu incapacitated and immigrationally disabled to travel to anywhere because of global knowledge of his personality by virtually everybody in the world and he can't hide.

It is important for NJC to make the judicial gullible Justice Binta Nyako to understand that whenever a defendant is granted court bail, that the person become the property of the court which the court is part of the parties responsible for accounting for the security of the person. The fact that Justice Binta Nyako does not know that the failure of Nigerian army to bring Nnamdi Kanu to court potend dangers to herself and NJC because she granted the stringent bail which stripped Nnamdi Kanu of his travelling documents which made him unable to escape even when it was very obvious that he is to be attacked by the army speaks volume of the fact that Justice Binta Nyako is not qualified enough to be a Judge because she ignored such a serious report that a defendant she granted bail was invaded, attacked, captured and probably killed by the military agents of the plaintiff in the case she preside over.

Nigeria Judicial Council should know that if Justice Binta Nyako fail to invite Nigerian army to explain where they took Nnamdi Kanu to, NJC risk being called to account by the world for the whereabout of Nnamdi Kanu at the fullness of time. Justice Binta Nyako goofed big time and risk loosing her judicial career for describing the report of Nnamdi Kanu's lawyer of the military invasion of his home and capturing of him as a needless story and drama. I want NJC to know Justice Binta Nyako has brought a serious trouble to them by being pressured by Nigeria government to stripped Nnamdi Kanu of his international passports which has translated into a conspiracy to eliminate him outside Kuje prison because he cannot be assasinated inside Kuje prison.

In conclusion, Nigerian Judicial Council can save herself of the dangers ahead over Nnamdi Kanu captivity with army by calling Justice Binta Nyako to order. I rest my case!

23/10/2017
IPOB PRESS RELEASE

IPOB Proscription: Judge Runs Away After Proscribing IPOB
We the Indigenous People of Biafra (IPOB) worldwide under the command of Mazi Nnamdi Kanu do hereby wish to register our displeasure at the inability of Nigeria's Attorney General and Justice Kafarati to be in court today in the matter IPOB vs FGN regarding the designation of IPOB as a terrorist group in an exparte order obtained without our lawyers present.

It took the Attorney General of Nigeria, Chief of Defence Staff, Nigerian Army, South East governors and Ohaneze Ndigbo less than 30 minutes to obtain their black market ex-parte order proscribing and designating IPOB a terror group. Today at the same Federal High Court Abuja, the same judge in the person of the Hausa Fulani Islamic Justice Kafarati has run away from hearing the case he himself fixed for hearing this morning, knowing fully well the world is waiting for the outcome of his considered judgement given that he now has the opportunity to hear from both parties.

Nigeria was quick to label IPOB a terror group but cannot come before the same court and judge to defend their wild accusations because IPOB lawyers came prepared with facts that would have led to the dismissal of Justice Kafarati as a High Court judge. All those legally ignorant people in Nigeria, jumping up and down with joy when the corrupt Justice Kafarati issued his decree in his chambers tagging IPOB a terror group, where are you now to tell us why IPOB should not be heard in your own law court. Black market jungle justice is what badly educated judges like Kafarati has turned the Nigeria Judiciary into.

Nigeria has now formed the habit of either running away from the law court or using indefinite adjournments to frustrate any trial they know they are going to lose. As they failed to appear before ECOWAS Court sitting in Abuja in the matter Kanu vs FRN last week, again today the judge himself- an APC pro-government judge for that matter, has failed to show up in such an important high profile case with global significance, in the hope of using adjournment after adjournment to frustrate the only opportunity IPOB has to prove to the world that it is not a terror organisation.

This lying APC Government think they are smart. As usual the Buhari government asked Justice Kafarati to stay away from court today and in its stead leaked the counter affidavit to the motion filed by Abaribe's lawyer demanding the Senator produce Kanu to the public. This APC Government gimmick of seeking to always divert attention away from topical issues is becoming worrisome. They designed the news headline today in readiness to divert public attention away from the non appearance of Justice Kafarati in court.

Unfortunately this has become the norm for this morally bankrupt Buhari administration. A government that actively engage in lying and deception should not be entrusted with the protection and preservation of the process of the rule of law. With newspaper headlines screaming "Kanu is in the custody of Abaribe" they hope to divert focus away from the disgraceful non appearance of Justice Kafarati to Senator Abaribe suretyship. A very clever ploy of using manufactured sensational news stories to kill public interest in genuine cases of concern to the people. Welcome to legal practice in Buhari's Nigeria.

The UN, USA, EU, UK, France, Israel and Russia must demand from Buhari why this judge ran away from hearing this suit. It was Nigeria that single handedly, without any evidence, court hearing or legislative backing, declared IPOB a terror group. Since the laws of Nigeria, or what is left of it, allows IPOB to challenge such draconian order in a court of law, Buhari and his Attorney General should be honorable enough to allow due process rather than asking the judge to skip his own hearing.

According to an eye witness in Abuja Federal High Court today, "I entered inside the court this morning with Barrister Maxwell Okpara, only to be informed that the same judge(Abdul Kafarati) that granted the prayers for the proscription of IPOB has postponed the matter to a later date. Okpara said the man is obviously running away from the case. We're now waiting for the Court clerk to pick another date of adjournment."

Given the hopelessness and inability of the National Assembly in Nigeria to rein in the excesses of this Buhari regime, the international community is morally obliged to impose limited sanctions on Nigeria for this brazen subversion of the rule of law and undisguised dictatorial tendencies which breeds instability. They have made it impossible for the common man to view the law court as a place to obtain justice in Nigeria. All IPOB is asking for, is an opportunity to prove before a court of law that IPOB is not a terrorist organisation...

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             BIAFRA:  TAGGING IPOB A TERROR 

                   GROUP IS A BIG BLUNDER 

Democracy as we know is a system of government that certainly involves the government and the people. The voices of the citizens are supposedly considered paramount before any other.  Obviously,  if the reverse becomes the case, it becomes a practical dictatorship.

It is no longer news that since the emergence of the Indigenous People of Biafra (IPOB) as  freedom fighters, they have remained  genuine, resolute, formidable and peaceful such that they have been able to manage  chains of relationship with the members across the globe. This group of people have been holding rallies and protests all over the world and there has never been any record of them getting involved in any unlawful conduct during these marches except as alleged today by the Nigerian government.

Nigerians generally have been expressing dissatisfaction with the style of  governance which has never in anyway helped  the situation of the suffering masses including the Igbos and Biafrans in general. Looting and intimidation are  the order of the day. One cannot boast of any good thing coming out of Nigeria.

 Due to the marauding policies visible in Nigeria meted against Biafrans,  stirred a very unpleasant atmosphere and these gave rise to many groups from different regions to begin agitations in different forms.  Unlike other agitators,  IPOB resolved  not to resort to  violence  and have been singing  songs of freedom  pioneered by her radio station- RADIO BIAFRA.

IPOB as freedom fighters  and its radio station are   registered  in the United Nations and UK respectively. In over 88 countries, They have operated for more than four years now, paying  taxes to the UK government  without any trace of  illegal conduct or violation of the law of the land, neither have they been found wanting by the constituted authorities of those countries in which they were duly registered  except in Nigeria where IPOB is  labeled, a terrorist group.

 Since after the unlawful detention and release of the Biafran leader, Mazi Nnamdi Kanu, the Nigerian government has in so many ways tried to create an avenue  where he could be captured and silenced completely considering the kind of support he garners within the south-east and south-south geopolitical zones.

The most recent occurrence that took place exactly at his father’s compound where he resides, was that the Nigerian Military with their guns and armored tanks went for an unlawful open attack and its aftermath was the death of many civilians including some relatives of Mr. Kanu.

 As a result of this calculated attack on Mazi Kanu and Biafrans, there was condemnations all over the world including Nigeria.

The military continued with their onslaught against armless Biafrans who were going about their normal businesses. There were also reports of midnight kidnapping and unlawful torture of Biafrans and most of these incidence have videos recorded as evidence.

To add salt to injury, the Nigerian military and the five south-eastern governors   announced the proscription of IPOB, tagging it a terrorist organization.  Many Nigerians including the Senate President kicked against such proscription but  the Nigerian government through the Attorney General went on to gazette it.

The US, EU and even UN  made their stand known that they do not see the Indigenous People of Biafra (IPOB) as  terrorists  but the Nigerian government has remained stiff-necked saying that the issue is domestic and does not require any international  interference. Kanu who was supposed to appear in court for the continuation of the charges leveled against him is nowhere to be found according to his lawyer and IPOB. As alleged, they said he may have been whisked away or killed during the military invasion.

Tagging IPOB a terror group is tantamount to tagging the people of the old Eastern region,  a community of terrorists considering the huge support the group has garnered so far. Remember that on the 30th Day of May 2017, there was a sit at home order from IPOB  leadership  which was  heeded to, by 95 percent of the people from the south-south and south-east geopolitical zones. This, as claimed by most Nigerian media, tremendously affected Nigeria economically. If this order was obeyed to this extent, this means that tagging the Indigenous people of Biafra (IPOB) a terror group is a serious blunder on the side of the Nigerian government.

Right to self determination is a fundamental right enshrined under United Nations charter. The earlier this situation is curbed democratically and diplomatically the better for all Nigerians, Africa and the world at large. Human right violation is seen world wide as a criminal offence so before the Nigerian government tags IPOB a terror group, it is necessary it  looks into the activities of the Nigerian military and Police to see if it is the Nigerian armed forces that actually terrorize Biafrans or not.

Richard Izuchukwu Oragwuncha writes for Family Writers Press