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Friday, 6 May 2016

NIGERIA to ECOWAS Court: Hands-off Nnamdi Kanu’s case

BIAFRA:  FG to ECOWAS court: Hands-off Kanu’s case

From Henry Chukwurah, Abuja
Published by Family Writers

The Federal Government has bluntly told the ECOWAS community court sitting in Abuja not to hear a matter brought before it by the embattled leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, over his continued incarceration and trial.

The government, in its written preliminary objection filed by the Federal Ministry of Justice, to Kanu’s suit, No. ECW/CCJ/APP/06/16, submitted that the sub-regional court lacked, “the requisite jurisdiction” to hear and determine the matter before it.

Consequently, it has urged the court to dismiss and/or strike out the action for want of jurisdiction, “stemming from incompetency in initiating the application against the defendants.”

The government noted that instead of waiting for conclusion of his application before the Nigerian Domestic Court of Appeal on his bail, the plaintiff proceeded to the ECOWAS court, a move it stated, amounted to, “an abuse of court process or subjecting the Nigerian law to ridicule.”


  READ HERE: CITIZEN NNAMDI KANU SUES NIGERIA TO ECOWAS COURT

It submitted that Kanu, was being tried under existing Nigerian domestic laws and as such cannot properly file the suit before the sub-regional court.

Also, the government stated: “The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right,” adding that once the security of the nation is in jeopardy, “and it survives in pieces rather than in peace”, individual’s liberty or rights may not even exist.”

 ALSO READ: EXPLOSIVE INTERVIEW WITH KANU’S LAWYER, HON. EJIOFOR ON ALL LEGAL ACTIONS.

On the issue of jurisdiction, it averred: “It is trite law that a court cannot assume jurisdiction over ancillary claims when it has no jurisdiction to entertain the main claim, since an ancillary claim can only be properly determined by that court. Thus, it is improper to approach a court which is incompetent to determine only some of the issues in a case if there is a court with jurisdiction to determine all the issues.”

Faulting the inclusion of the Attorney General of the Federation and the Director General of State Security Service as defendants in the suit, the government stated that in the context and framework of ECOWAS, only member states and community institutions can be sued before the sub-regional court for alleged human rights violation.

ALSO READ: NNAMDI KANU: TRAVESTY OF JUSTICE, A CALL TO BRITISH GOVERNMENT.

It submitted that the court has no jurisdiction over the two defendants because they, “are neither member -states or community institutions of ECOWAS and therefore, not amenable to the jurisdiction of the community court of justice”.

The government therefore, urged the court to strike out their names as parties in the matter, stressing that there is neither factual nor documentary evidence to any claim against them.
SOURCE

7 comments

  1. Can the government of NiGERIA TELL ME where are the security of lives and properties in a country where certain region are target for total extermination? Have government of Nigeria forgotten that he was a signatry to the right of self determination in the UN and please I want the write of this article to check well the law under AU. Government of Buhari is flouting the rule of law. government cannot force individuals to be in a country where such individuals considered unsafe . You must submit to the rule of law Nigeria.

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  2. WELCOME TO THE HOME OF DISGUSTING IDIOTS ....AN ATROCIOUS AND INIQUITOUS ENCLAVE WHERE APPALLING STUPIDITY & SENSELESSNESS REIGNS SUPREME :::A PLACE WHERE ILLITERACY AND FOOLISHNESS ARE THE REQUIREMENT TO OCCUPY A PUBLIC OFFICE;;;;;;;;;A PLACE WHERE DEMONIC ATROCITIES & WICKEDNESS ARE CELEBRATED IN PLACE OF JUSTICE......WHERE DECEIT, SUBTERFUGE,HATE,WICKEDNESS & LIES ARE FACTS OF PRODUCTION....DAMN THIS MURDEROUS MONSTROUS DEMONIC GODFORSAKEN ENCLAVE............‪#‎FREENNAMDIKANU‬ ‪#‎FREEBIAFRA‬

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  3. Nigerian government is a mad government. Evidently, There's no room for human right in the Nigerian government. That's why we Biafrans would want to opt out. BETTER BE WARNED THAT WE ARE NOT BACKING DOWN. IT'S A QUESTION OF LIFE OR DEATH. you ignoble monsters cannot deceive us anymore with your numerous lies and decipt. We Biafrans , we want to be free from you nigeria. And nobody can stop us. I repeat NOBODY CAN STOP US. You why, we were created by God Almighty, so we trust in Him and He will definetly delivered us from you one day, whether you like it or not. You should go your own way, we are different people.
    Biafra was/is NATURAL and it has come to stay/be for ever. Don't be afraid, wait for a little while!!!!!!!!!!!!!!

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    Replies
    1. It is appalling when one said Nigeria is indivisible Germany who is one the developed countries today were divided later understood their differences and later come back as one like other super Nations how much more of Nigeria only six years of independence they went into civil war and upto this moment there is no sign and believe that they are indivisible. the worst thing Nigeria and Nigerian fell to understand is the use of English language e.g, this great country of ours. what make Nigeria great? is it the leaders , the people or the development that is going on. all part of this world you meet a Nigeria they are all bitter about the country even the so called leaders, Nigeria is one of the most disorderly nations in the world. one of the most corrupt, insensitive ,inefficient place under the sun. it is dirty callous, noisy, ostentatious, dishonest and julgar, in short it is among the most unpleasant places on earth wit leaders full of lies and deceit

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  4. The Judiciary System under Buhari is in TROUBLE.

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  5. Oh God our Father in Heaven, help your son Nnamdi, in Jesus name, Amen!!

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    Replies
    1. Yes help this brave man Nnamdi Kanu

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