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Coalition alleges doctoring of Nnamdi Kanu’s case file

By News Express on 09/01/2016

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The case file of separatist leader Nnamdi Kanu has been doctored by the Department of State Service (DSS) and handed over to the Chief Judge of the Federal High Court, Abuja, for re-assignment, a rights coalition has alleged.

In a statement issued yesterday in Onitsha, the Southeast Based Coalition Of Human Rights Organizations (SBCHROs) alleged that “the Case File now has various versions and filled with doctored and foreign statements; falsely credited to Citizen Nnamdi Kanu and his co-falsely accused by DSS.”  The coalition demanded the acquittal and discharge of Kanu and other accused persons because “a trial of suspects that are already convicted and jailed by their accusers and their conspiratorial hostile-media outfits is a clear case of making mockery of justice and rule of law and should be thrown into a trash can if brought before any trial court in Nigeria.”

The statement was signed by Emeka Umeagbalasi for International Society for Civil Liberties & the Rule of Law (Intersociety); Comrade Aloysius Attah for Anambra State Branch of the Civil Liberties Organization (CLO); Comrade Peter Onyegiri for Center for Human Rights & Peace Advocacy (CHRPA); Comrade Samuel Njoku for Human Rights Club (a project of LRRDC (HRC); Justus Uche Ijeoma, Esq. for Forum for Justice, Equity & Defense of Human Rights (FJEDHR); Comrade Chike Umeh for Society Advocacy Watch Project (SPAW); Obianuju Joy Igboeli, Esq. for Anambra Human Rights Forum (AHRF); Comrade Alex Olisa for Southeast Good Governance Forum (SGGF); Jerry Chukwuokolo, PhD, for International Solidarity for Peace & Human Rights Initiative (ITERSOLIDARITY); Evelyn Chinwe Eze, Esq. for Street Law Africa (LawAfrica); and Tochukwu Ezeoke, for Igbo Ekunie Initiative. It reads as follows:

“It is our investigative and analytical finding that the original Case File of Citizen Nnamdi Kanu and Ors; handled by DSS, has been doctored, tempered with and handed over to the hostile-media for the purpose of mocking the judiciary and carrying out trial and conviction by ordeal through the media. The Case File now has various versions and filled with doctored and foreign statements; falsely credited to Citizen Nnamdi Kanu and his co-falsely accused by DSS. A copy of the doctored and manipulated Case File is presently in possession of the Chief Judge of the Federal High Court for re-assignment to a new Judge following the aborted arraignment and commencement of trial of Citizen Nnamdi Kanu and ors on 23rd December 2015. The polluted Case File has remained with the Chief Judge of FHC for 15 days or over two weeks without being assigned to a new Judge. It is also our strong suspicion that the version now in possession of the Chief Judge may most likely have been doctored and manipulated by subversive agents coordinated by the DSS.

Media & Marketplace Proliferation & Pollution of the Case File: We had recently revealed a grand conspiracy between President Muhammadu Buhari, his DSS and some hostile-media outfits particularly the Nation Newspaper, Punch Newspaper, the Premium Times, the Saharareporters and the TV Continental, etc; whereby the contents of the referenced Case File were subjected to grave doctoring, manipulation and media pollution. The doctoring of the Case File by DSS was followed by seeming erasure of the original statements of the suspects and insertion of fake third party statements; some of which now make bold headlines in the hostile-media outfits under reference; all designed to rubbish the judiciary and incite the public against Citizen Kanu and ors; by projecting them in bad light and as common street criminals.

“Such malicious headlines are: how Nnamdi Kanu was caught in a hotel room hibernating with a young lady; Nnamdi Kanu apologizes to Buhari & ors; IPOB members bear arms-says suspect; I was paid N150, 000 to install Radio Biafra mast, etc. Interestingly, all the hostile-media outfits that carried the malicious headlines copiously quoted the DSS and Nnamdi Kanu’s Case File as their authoritative sources. Till date, Citizen Nnamdi Kanu and ors have neither been arraigned nor their trials commenced in any court in Nigeria. An attempt to arraign them for trial on 23rd December 2015 was aborted when Citizen Kanu refused to take plea; citing rapacious flouting of four previous court orders by the trios of President Muhammadu Buhari, the DSS and the AGF; forcing the proposed trial judge to withdraw from the case and hand over the Case File to the Chief Judge of the Federal High Court for reassignment. It is 15 days today, yet the Case File is yet to be reassigned and Citizen Nnamdi Kanu and ors are languishing in DSS custody amidst torture and other cruel, inhuman and degrading treatments or punishments.

“Access to their lawyers and relatives have been denied by DSS particularly since their last brief court appearance on 23rd December 2015. It is obvious they are being tortured to die inside the DSS dungeon. The desperation of the Buhari’s chained democratic government may most likely include murdering them in captivity and under torture. In Criminal trials or proceedings, if not in all court proceedings, all forms of reportorial   preemptions and extra judicial media reporting are not only prohibited, but also judicially punishable. It is also judicially criminal to report or quote judicial proceedings out of context, not to talk of misrepresentation of facts. These judicial sledge hammers are geared towards ensuring the sanctity of three-traffic-way of justice (justice to the defendants/accused; justice to the plaintiffs/prosecutors; and justice to the society) and preservation of integrity of the judiciary or the trial court/judge. It therefore surprises and saddens us as why the Federal Government of Buhari, its DSS and hired hostile-media outfits had chosen to embark on such highly abominable and anti rule of law conducts.

“Our further questions are: Why had the Buhari’s democratically embattled government chosen to be a judge in its own case? Where lies the important principles of hear the other side and presumption of innocence until judicially pronounced guilty? Is it not entirely correct to say that President Buhari has dangerously and impeachably allowed his personal biases and chronic hatred of the people of the Southeast Zone including Citizen Nnamdi Kanu to override his supposedly public centered interest as President of Nigeria? Are these desperate antics of the Buhari’s administration towards Citizen Nnamdi Kanu and ors not clearly suggesting that Citizen Kanu and ors have no iota of case to answer? Is it not a clear case of inferiority complex and pride for President Buhari and his co-travelers in his chained democracy to refuse to throw in the towel and come out remorsefully apologetic? Is President Buhari not aware that by his Yorean and cave-era stance; he is steadily pushing Nigeria to the brink and pro Biafran peaceful agitators to the wall? Where on earth has judicial violence been successfully used to resolve ethnic nationality-home State dispute? Does he realize the consequences that will befall Nigeria of his chained democratic presidency if Citizen Nnamdi Kanu is physically or mentally tortured to death inside the DSS dungeon?

Torture-Procured Statements of Citizen Kanu & Ors: It is also our analytical finding that confessional statements of Citizen Kanu and ors; apart from being doctored and corrupted, are also torture-procured by the DSS. Apart from torture, which is extreme infliction of physical and mental pains on a suspect for the malicious purpose of obtaining confessional statement from him or her to be used against him or her in criminal trial; other triplet sisters of torture: suggestibility, Reid and deception must have been applied by the DSS in the so called interrogation (torture) of Citizen Nnamdi Kanu & ors. In suggestibility method, malicious sleep deprivation or exposure to continual loud noise is applied. In Reid method, the malicious use of body language to pin a suspect to alleged crime or force him or her to admit guilt is applied. In deception method, the torturer extensively applies divide-and-rule, offer of bribes, gratification, phony promises and falsehood techniques; and hot-water and cold-water deceptive characteristics.  These interrogation methods are universally abhorred and classified as torture and other cruel, inhuman and degrading treatments or punishments. Nigerian Courts also reject any confessional statement obtained under duress or torture.

Call for Discharge & Acquittal of Citizen Kanu & Ors: Following grave damage and harm done to the Case File of Citizen Nnamdi Kanu & Ors by the Federal Government particularly its administrative corruption and present proliferation and pollution in market places and hostile-media; it is a settled and incontestable fact that any trial and conviction secured from the Case File is totally an affliction of judicial violence and injustice on the wrongly accused, arrested and detained Citizen Kanu and ors. A trial of suspects that are already convicted and jailed by their accusers and their conspiratorial hostile-media outfits is a clear case of making mockery of justice and rule of law and should be thrown into a trash can if brought before any trial court in Nigeria.

“We therefore call upon the Chief Justice of Nigeria, the National Judicial Council (NJC), the national leadership of the Nigerian Bar Association (NBA) and the International Bar Association (IBA) to take judicial and administrative notices of proliferation and pollution by the DSS of the Case File of Citizen Nnamdi Kanu and ors in the country’s market places and hostile-media establishments; particularly the Punch, the Nation, the Premium Times, the Saharareporters and the TV Continental; to the extent that pages of the doctored Case File are now recklessly and abominably photocopied, posted and circulated by the likes of Saharareporters on the internet; in the guise of scoop and exclusive news reporting. To the extent that grave and irreparable damages have been done to facts and materials of the doctored Case File and the allegations; it is our considered and grounded position that Citizen Nnamdi and ors have no case to answer and ought to be freed, discharged and acquitted.

“The lawyers handling the matter on behalf of Citizen Kanu and ors are also called upon not to waste time in entering a no case submission as soon as the new judge is assigned to the case. Following latest news reports of possible torturing of Citizen Nnamdi Kanu and ors by DSS and  their solitary confinement and denial of access to their lawyers and relatives; we advise their lawyers to file a fresh fundamental rights suit on right to life; seeking for the unconditional release of Citizen Kanu and ors. The Constitutional and statutory safeguards in Section 35 (4) (a) of the 1999 Constitution and Sections 296 (6) of the Administration of Criminal Justice (ACJ) Act of 2015 should also be judicially invoked by their lawyers; having been detained beyond time frames set by the Constitution and the ACJ Act of 2015 (60 days and 28 days respectively).  To the extent that Citizen Nnamdi Kanu’s ordeal has moved from prosecution to persecution; and is now an international matter; his lawyers should do more and be more proactive. This is because the tone of music has changed; it now requires a combination of law, politics and strategy. When evil men destroy momentarily, good men must rebuild at all times!

Eight-Six (86) Days Detention of Citizen Kanu without Unconditional/Conditional Freedom or Trial: Citizen Nnamdi Kanu had been detained for a total of 86 days today without any form of release from the DSS dungeon; having been arrested and detained by DSS since 14th October 2015. This is a combine and grave violation of Section 35 (4) (a) of the 1999 Constitution and Sections 293, 295 and 296 of the Administration of Criminal Justice Act of 2015. Citizen Kanu is also being held without any court remand in Nigeria; contrary to Section 293 (1) of the Administration Justice Act of 2015 which forbids any authority or person in Nigeria including President Muhammadu Buhari from detaining any accused citizen for 24/48hrs without a court remand.

“Section 35 (4) (a) of the Constitution, under right to personal liberty, also forbids detention of any citizen accused of committing capital offense beyond 60 days without being tried or released on bail. Presently, Citizen Kanu is on unconditional court release of the Federal High Court, which President Buhari publicly admitted of observing in breach and as we write, Citizen Nnamdi Kanu is under no other superior or concurrent jurisdictional trial court remand in Nigeria. He is also not on trial in any court in court till date.

Call for More Online Signatures to Force Buhari to Obey Court Decisions & Rule of Law or Resign or Be Impeached: Recall that a vibrant constitutional lawyer and Georgetown University Law Scholar, Ms Carol Ajie had on 31st December 2015 launched an online signature advocacy campaign concerning the subject above mentioned; preliminarily targeted at 1000 signatures to be submitted to relevant national and international democratic  forces and institutions including President Barak Obama of USA. Though the target of 1000 signatures has since been met; hitting 2,997 online signatures as at last 24hrs; but there is need to give the target audience one more chance, before it is formally declared achieved and moved to the next stage. We appeal to members of the public with passion for defense and preservation of Nigeria’s constitutional and pluralistic democracy, human rights and rule of law; to visit the online link provided below and stand counted by signing the online petition.  https://www.change.org/p/president-of-the-united-states-respect-court-orders-or-resign-president-buhari-2.

“We thank Nigerians and members of the international community for ignoring and disregarding the activities of undemocratic forces and elements who are bent on pushing the country to the brink by bending and gravely misinterpreting the laws and norms on account of their personal interests and  self aggrandizements. The continued anarchic utterances of the likes of Profs Itse Sagay and Senator Ali Ndume clearly represent an immortal statement that “when a professor compromises his or her integrity, he or she becomes a professorial moron and irreparably loses his or her professorial reasoning and sense of judgment”. We urge all to steadily observe, record and document the publicly anarchic utterances of these born again agents of dictatorship and anarchy and use such to measure them in the nearest future particularly when they must have exhausted their unholy alliance or marriage of the graveyard with the current chained democratic government of Muhammadu Buhari.”

•Photo shows Nnamdi Kanu during a court appearance.

Source News Express

Posted 09/01/2016 3:18 PM

 

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