Posted by Pamela Eboh, Awka | 1 April 2019 | 868 times
The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has described the events surrounding his case as a microcosm of everything that is wrong with the Nigerian judiciary, saying that the level of ignorance of the practitioners of the law is regrettable.
He said that the manner and timing of the revocation of his bail smack of desperation.
In a statement from his radio broadcast made available to journalists in Awka by IPOB’s Media and Publicity Secretary, Comràde Emma Powerful, explained that the damaging testimony of Chidiebere Onwudiwe who, “like myself and the rest of my co-defendants, were subjected to torture, degrading and inhumane treatment, was so shocking that Binta Nyako decided to help the Fulani cabal dictatorship to sweep it off the headlines.”
The statement reads in part: “They chose the issue of my bail revocation as the best way to bury the horrific torture of Biafrans in their custody.
“Justice Binta Nyako, like the disgraced John Tsoho before her, have shown that they are in the pocket of the cabal. Any veneer of independence Binta Nyako may claim to possess, have disappeared with the way she has so far handled herself in this matter.
“Till date, Binta Nyako has not even defined the crime that I committed because under their Nigerian criminal code and contrary to widespread propaganda and misinformation, secession is not a crime defined in any penal code or law in Nigeria or any other country on earth for that matter.
Kanu insisted that request for referendum and self-determination is not a crime adding that if it was, there will be no Scottish Nationalist Party.
While noting that revocation of his bail is meaningless since he is not a Nigerian citizen, the IPOB leader wondered why Justice Binta Nyako is allowing the case to proceed.
Continuing, the statement said: “The Africa Charter on Human and Peoples Rights which Nigeria is a signatory to makes it explicitly clear that self-determination is NOT a crime. Cloaking self-determination with the nonsensical charge of treasonable felony designed to get the juices of anti-Biafra media in Nigeria flowing is deceptive and no sensible court of law should have allowed that to stand.
“Treasonable felony is committed with bombs, guns and bullets, not radio broadcast, street rallies or call for referendum. If Binta Nyako as a judge doesn’t know this, then I feel sorry for Nigeria and her largely illiterate population. If the intention of the Fulani Janjaweed bench warrant is to get me to stop exposing Jubril Al Sudani then not only is Binta Nyako mistaken, but the entire Fulani cabal is embarking on one hell of an expensive exercise in futility. I will redouble my efforts to ensure that the Impostor from Sudan is driven from office in disgrace.
“My devotion to the absolute and puritanical pursuit of the total restoration of the sovereignty of the Republic of Biafra is unwavering. Binta Nyako and her fellow Fulani handlers must understand one thing about me, I am destructively stubborn and if I say the Zoo will fall, the Zoo will fall.
“They can delay this inevitability all they like, but as the Soviet Union and every other man-made empire collapsed, so will Nigeria. Common sense dictates that before you send anybody to jail for whatever reason or revoke their bail, you first investigate the circumstances that may have led that person to be unavailable. As an upright judge, you equally dispose of the issue of sureties before going ahead to issue bench warrant.
“This is simple common sense and not even a question of the finer interpretation of the law. It is equity and justice which any right thinking person would have expected a judge like Binta Nyako to be aware of. Perhaps in Fulani Sharia Law which now appears to govern the Nigerian jurisprudence, there is no presumption of innocent before proven guilty, that is why a countless number of innocent men and women are languishing in detention centres without trial.
“Unbeknown to most legal practitioners in Nigeria and especially their High Court judges, the 1999 military constitution of the Federal Republic of Nigeria, the supposed highest law in the land makes it clear that nobody should be held in detention without trial for more than two months.
“Where it is ascertained that a person has been in detention for more than two months, bail in that instance should be automatically granted, as the discretion to grant bail or not no longer resides with the judge. Go and read the Nigerian Constitution of 1999. Idiotic judges like Binta Nyako circumvent this constitutional provision by citing the Administration of Criminal and Justice |Act (ACJA) that grants discretion to judges. But in their idiocy, they forgot that the constitution is the highest law in the land. ACJA is a simple law and not a constitutional amendment, therefore the constitution takes precedent.”
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