Top Social Icons

Responsive Full Width Ad

Left Sidebar
Left Sidebar
Featured News
Right Sidebar
Right Sidebar

Monday, 4 January 2016

Nnamdi Kanu:- NBA/SANs/INTERSOCIETY blasts Buhari

NBA/SAN blasts Buhari,80 Days Detention Without Trial:Nnamdi Kanu Was Never Released & Rearrested By DSS

The leadership of International Society for Civil Liberties & the Rule of Law is deeply dismayed concerning brazen falsehood being spread by the Presidency of Muhammadu Buhari and its procured agents, saying that Citizen Nnamdi Kanu was recently released and rearrested for charges of treasonable felony and four other lesser charges. We are not surprised at such falsehood and its originators; the Buhari’s administration, particularly owing to the fact that the foundation of the administration is laid on incurable falsehood and propaganda.

The truth is that Citizen Nnamdi Kanu had never been released on bail or unconditionally from the DSS custody since his arrest on 14th October 2015 till date. He had also never been rearrested since then. While Citizen Sambo Dasuki; recklessly accused of committing multiple offenses, was released on bail twice and rearrested twice including being placed under house arrest; Citizen Nnamdi Kanu was treated in harsher manner, by being detained for eighty (80) days without a single day of breath of freedom till date. This clarification is extremely important so as to disabuse the minds of all Nigerians and members of the international community targeted for contamination by the Presidency of Muhammadu Buhari and its hired agents who are desperately looking for escape routes, excuses or justifications over their abominable policy of judicial mockery, subjugation and suppression; which President Buhari recently and openly lent credence to.


Bar Association, NBA, and some leading lawyers

Nigerian Bar Association, NBA, and some leading lawyers in the country have disagreed with the Presidential Committee on anti-corruption led by Professor Itse Sagay over President Muhammadu Buhari’s insistence that the former National Security Adviser, NSA, Col. Sambo Dasuki, and the leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu would not be released from custody, despite valid court orders that granted them bail.

In his submission on the president’s stance, Professor Sagay argued that the Federal Government was not in violation of the rule of law as any bail granted an accused is completely related to the offence which he is charged before the court.

The NBA and some Senior Advocates of Nigeria, however, contended that the position the president took was offensive to the tenets of constitutional democracy, rule of law and presumption of innocence of an accused person. They argued that re-arresting someone immediately after the court has granted such person bail makes mockery of our democracy which is presumably anchored on the rule of law and separation of powers.”

Buhari had in his first presidential media chat at the Aso Rock Villa in Abuja, adduced reasons why the Federal Government would not readily allow both Dasuki and Kanu to regain their freedom from detention.

Whereas Kanu, who is facing a six-count charge bordering on treason, has been in detention since October 14, 2015, when he was arrested by operatives of the Department of State Service, DSS, the former NSA, who is facing multiple charges before three different courts, was re-arrested last week at the gate of Kuje Prison, Abuja, shortly after he perfected all his bail conditions.

Responding to a question during the media chat, President Buhari, justified the continued incarceration of the two accused persons. He said considering the weight of the allegations against them, they could jump bail if granted any form of freedom.

He said: “Technically, if you see the kinds of atrocities these people are believed to have committed against the country, if they are given the opportunity, they will jump bail. And the one you are calling Kanu, do you know he had two passports – one Nigerian, one British – and he came into the country without any? Do you know he brought equipment into this country and was broadcasting Radio Biafra? Which kind of government do you think should harbour that kind of person? There is a treasonable felony suit against him and I hope the court will listen to the case.”

Rule of law must be respected — NBA

Speaking to Vanguard, yesterday, on the issue, President of the Nigerian Bar Association, NBA, Augustine Alegeh, SAN, said “government has a need to respect the rule of law. As a matter of fact, there is need for government to be in the front burner in the respect for the rule of law. Whoever is unhappy, including government with a pronouncement of the court, has the opportunity of still going back to that court, for the court’s decision to be vacated or appeal to a higher court, but not to undertake to ignore it or carrying on as though nothing has happened or that the court’s order is not binding. That is an unacceptable principle in the rule of law”.

According to him, “an agenda for the respect of rule of law is a must for the government. For specific cases in court, it’s not the business of the Nigerian Bar Association to make comments on them, because we have our members on both side and they can decide to speak on the matter, but on the general principle of rule of law, as an association, it is one area we are passionate about, which we feel is very essential.

“So, both government and citizens must subscribe to the principles of rule of law and doing otherwise is not an option. You cannot pick and choose which court order to obey, if you try to do that, you are clearly undermining the principle of rule of law and the obvious consequence will not help the society in anyway.

We believe that from our interaction with the government of President Muhammadu Buhari, they do not have an option but to obey court orders. You must bear in mind that the courts are there to settle disputes between individuals as well as between government and individuals, so it is important that all parties respect the rule of law and judgments and decision of courts as that is one area we will not compromise”.

SANs fault Buhari

However, the senior lawyers who spoke to Vanguard, yesterday, faulted the President on the matter, saying the position he took was offensive to the tenets of constitutional democracy, rule of law and presumption of innocence of an accused person.

The lawyers further advised the President to, in future, allow the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, to handle such topics on behalf of the government.

According to Mahmud Magaji, SAN, “going by provisions of our extant constitution, the presumption is that a person charged to court for whatever offence, is innocent until guilt is established. Unless I am told that the constitution was amended last night. That you level an accusation on someone does not make the person guilty automatically. If it is so, why then are the courts there? What we are practicing is constitutional democracy. Anyway, I did not listen to the media chat and cannot therefore speak much on the issue”.
Chief Joe Agi, SAN, said: “I really want to believe that the President did not mean what he said. I have a feeling that what he wanted to say was that though granted bail, if there are other cases against the accused persons, they could be re-arrested, notwithstanding the pending case.

“It will be totally wrong to refuse to release someone on bail in the absence of any pending allegation. Clearly, I am so sure that what the President meant to say was not what he said or what was understood. We should also appreciate the fact that he is not a lawyer.

“If I am to advise the President, I will say he should in future, leave such issues to the Attorney General of the Federation to clarify”.
Another SAN who spoke on ground of anonymity on the basis that he was “among the persons that fought to bring this government to power”, said: “I will say that the President’s statement is an infringement on the concept of separation of powers.

“No matter how strongly one feels about the culpability of any accused person, once an order has been made, the Executive is bound to obey.

“Even if you have other crime allegation against an accused, you must first of all respect an order for bail, and maybe re-arrest the person later to answer to the fresh charge. However, for the President to say that the accused persons will not be released from detention because of the gravity of charge against them is an affront on the hallowed principle of separation of powers.

“Such things were never supposed to be voiced out by any person under a democratic government, not to even say the President. It is unfortunate, though the Presidency has come out to clarify. As the President of Nigeria, one can hardly separate Buhari from the Presidency.

“Nevertheless, for them to come out to clarify the issue shows deference to public outcry”.
Expressing his view on the matter, a constitutional lawyer, Mr. Festus Ogwuche, said: “The President got it wrong. No matter the number of allegations against an accused person, once the matter has been charged before a competent court, that court assumes powers to determine whether or not the person deserves bail.

“Court orders are made to be obeyed, if not, it becomes impunity. No matter the gravity of the offence, an accused is presumed innocent until proven guilty. Proper investigation ought to have been conducted and concluded before a person is charged. Re-arresting someone immediately after the court has granted such person bail makes mockery of our democracy which is presumably anchored on the rule of law and separation of powers”, he added.

It’s not a breach of rule of law—Sagay

Meanwhile, justifying the continued detention of Col. Dasuki (retd) and Kanu, legal icon, Professor Itse Sagay, SAN, said the Federal Government was not in violation of the rule of law.

He said: “The way I see it is that any bail granted an accused, is completely related to the offence which he is charged before the court. So, if after he (the accused) has been granted bail and the prosecution discovers another offence for which no bail has been granted, then the accused can be re-arrested. So, that cannot be in violation of a bail, which is in relation to an earlier stated offence.

Sagay, who is also the chairman of the presidential committee on anti-corruption was quick to point out that “I do not know the full facts but what I am saying is that if this re-arrest arises out of fresh offences, which are not part of the ones for which the person had been granted bail, then there is a right to arrest. This is not a breach of the rule of law.”

13 comments

  1. Prof sagay is s chairman ofd presidential committee on anti-corruption and yet he said dt d full facts of cases dt has bn on for more than 2months now. If i may ask, is he coming from a sabatical leave overseas or what has he been doing all along as d chairman of this anti-corruption committee? The truth must be told at all times prof sagay.
    As a legal luminary and chairman of anti-corruption committee, is he not suppose to study cases against individuals and advice govt on d merit b4 they on to arrest people and start shopping for charges to lay against them? What type of elders do we hv in nigeria?
    He is being paid wt taxpayers money but it seems dt he is not doing his job. I advice dt he resigns from anti-corruption committee bc he is not in touch with what he is veing paid to do!

    ReplyDelete
  2. God has the final saying in any matter.

    ReplyDelete
  3. God has the final saying in any matter.

    ReplyDelete
  4. I AM VERY CONFIDENT THAT IN THE END BIAFRA WILL WIN! AND NNAMDI KANU MUST COME OUT VERY SOON!

    LET THEM GO HEAD AND SHOW THE WORLD HOW ILLITERATE THEY ARE! LET THEM SHOW THE WORLD HOW USELESS THEIR CERTIFICATES ARE,SO THAT THEIR SONS AND DAUGHTERS IN DIASPORA CAN'T BE OFFERED MEANINGFUL JOBS BASED ON NIGERIAN UNIVERSITIES CERTIFICATES-THIS COVERS LAWYERS AND OTHER PROFESSIONALS!

    ALSO,THEIR ACTIONS CORROBORATE WITH THE MESSAGES OF NNAMDI KANU!
    LET THEM GO AHEAD AND EXPOSE THEIR LEVEL OF DEGENERATION TO LAWLESSNESS,HUMAN RIGHTS ABUSE,UNDEMOCRATIC AND HATRED FOR RULE OF LAW!

    TO WORSEN IT, THEIR HUMAN RIGHTS COMMISSION ALWAYS TELL THE WORLD THAT THEY ARE COMMITTED TO PROTECTING HUMAN RIGHTS BUT THEY ARE HELPLESS AS THE GOVERNMENT TRAMPLES ON HUMAN RIGHTS! AND THE COMMISSION STAND ALOOF AND WATCH ABUSE OF HUMAN RIGHTS BY GOVERNMENT AND SECURITY FORCES!

    ReplyDelete
  5. Sagay claims he does not know the full facts, then why did you jump into conclusion that what Buhari did was not a violation of rule of law. An old man like you should not be rigmarolling at the corners of truth. Say it as it is unless you are not a qualified lawyer or are you one of the charge and bail lawyers. Buhari violated the rule of law and has to impeached. Simple!

    ReplyDelete
  6. amnesty international oo, international criminal court oo, united nations oo, European union oo, african union oo and all what have you,,to me, THEY ARE ALLLLLLLL USELESS!!!!. Ndi ara

    ReplyDelete
  7. Buhari once told an Aljazeere reporter that is elected because of the work he did when he was Head of State.Then the nigerian constitution was suspended.Please let someone let him know that obedience is better than sacrifice.He doesn't have to suspend the Nigerian Constitution again.It is the law that made him what he is today and law are laws when they are enforced.

    ReplyDelete
  8. Yeah! He violated the law but we can see here that might is right for him there is no constitution or he has suspended the constitution. He is not working from the constitution though he swore to defend it. Overthrowing the government is what made him what he is today- that is his strenght. So you want him to throw away his strenght -lawlessness and work with his weakness - the constitution? That is not a winning tool at all.

    ReplyDelete
  9. This comment has been removed by the author.

    ReplyDelete
  10. This comment has been removed by the author.

    ReplyDelete
  11. Nzeogu Gabriel Ikechukwu4 January 2016 at 10:24
    Nzeogu Gabriel Ikechukwu4 January 2016 at 10:18
    The problem with Nigerians is that they can never say the real color of pot rather creating a lick hole for presidency to continue their atrocities. Buhari is wrong and for the fact he has judge the case him self ,that portray none confidence and fear to the accused and defense council.This a statement from chief executive of a democratic country making such proclaim has 100% jeopardize all the case against the accused person.In a such issue the accused must automatically discharged and acquitted then the presidency must be sanctioned for his carelessness. he can't be spending tax payers money on the name of advisers and ministers and still be disgracing a whole nation internationally. The CJ should stroke out Nnamdi Kalu case he has done nothing while Dasuki should be release on bail to enable the court get all involved in the loot. In doing so, that will show and 'll retrieve and boost the standard of Nigeria judiciary internationally

    ReplyDelete
  12. If these people are really what we take them to be,they would have differentiate between bail and unconditional release. In other words ,they would have specifically condemned the dictatorship of Mr president rather than changing his words from their meaning. One thing is clear the boko haram are killing people in their thousands and you the learned people of nigeria are shamelessly watching Buhari to perform his last jihadism that must cost life of millions. IT MUST AFFECT EVERYBODY EVEN IF YOU ARE NOT IN NIGERIA

    ReplyDelete
  13. Enter your comment...Am still surprised the way Mr president behaves is he not aware that it's only the court that have the right to arrest and detain someone and not the president,or do he think we are still practicing military system of government? when it was said he has no olevel we thought it was lies no I can see the truth,I think the court has the right to impeach him so let them do so

    ReplyDelete

Responsive Full Width Ad

Copyright © 2016 The Biafra Herald