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Sunday, 1 May 2016

TO APPEAL COURT: CONTINUED DETENTION OF NNAMDI KANU IS AFFRONT ON JUDICIARY

TO APPEAL COURT: CONTINUED DETENTION OF NNAMDI KANU IS AFFRONT ON JUDICIARY

By Ifeanyi Chijioke

For Family Writers

To the justices of appeal court, I humbly write to you with the knowledge that three heads are better than one. Your incorruptible wisdom and uncompromising belief on justice is best to none, shall I compare you justice to Solomon nor shall I compare your judgment to a blistering sunrise that attracts but repel none.  Your purpose is for perfection and correction, that you may wash away dirt and restore the supremacy of the judiciary. A sacred institution that deserves strong and men of great will, furnished with bravery and uncompromising heart. Men that savour for greatness and built beyond influence, to the justices of appeal court, I write reason and not lobby.

Appeal court is advanced stage, a grey stage that forbids profane' things, a single man can be enticed to miscarry justice but more than one man can conquer influence and extol justice. Days have not gone when court fears no one nor respect no one nor choose justice when to effect and when not to. I believe it is the same yesterday, today and shall be tomorrow. Justice shall be given without prejudice and hence justice is blind, whoever it pleases or displeases is inconsequential. I have faith that everyone cannot be wrong at a time and hence that is the reason I write to you. In this letter, I will pour out my heart and paint thus my message with red and blue. Brave men still live and men devoid of sin live. Men alien to injustices still live and such men live in this time and such men are men worthy of the title “Justice”

On 14th of October 2015 Nnamdi Kanu was arrested and charged to a magistrate court this very court of jurisdiction granted Kanu bail. The FG dared the judiciary and unlawfully kept Kanu incommunicado for a period of 98days, there was no trial and the judiciary forbids this. There were questions like “where is the judiciary in this country" and “how was 98days possible". Magistrate court heard the charge and finally released Nnamdi Kanu. Before this ruling, high court had taken over the case after DSS argued magistrate lacks jurisdiction to entertain terrorism charges. An Abuja high court presided over by Justice Ademola further ruled that Nnamdi Kanu be released unconditionally. The FG mocked the order of the judiciary and rather filed another trumped up charges without even bringing Kanu out of detention. Up till this day Abuja high court presided over by Justice Tsoho is still going up and down, no definition and neither was there ethic. A ruling is made today and a ruling is contradicted tomorrow, a commonwealth country suddenly is seeking for a secret trial, first of its kind to be imposed on Kanu in Nigeria. The chronicles of Kanu's matter brought disgrace to the Nigerian judiciary and to you learned justices. From every corner of the world, as you already know this is a matter of international concern, Nigerian judiciary is being questioned, her integrity and dignity shattered by desperation.  This is why I termed appeal court "perfection" and "correction". There is the need to restore the supremacy of the judiciary and that fear factor the executive removed. I dare this because the excesses of FG has brought Nigerian judiciary to undue criticisms and mockery. If the judiciary can be this powerless to a matter of interest to the FG, then there would be a vacuum nothing can fill except anarchy.


The month of December witnessed the dawn of totalitarianism, when during a media chat, the President of Nigeria was asked a question on a matter before the "judiciary". He the President without respect to your "lordship'" openly violated protocols and declared his ownership of a sacred institution and "arm" as sovereign as his own "arm". He disclosed what he would do when he said before the world that “for having dual citizenship passport, for coming into Nigeria with radio transmitter. I will not release Nnamdi Kanu because he will jump bail". When the President said this, I laughed because the judiciary cannot be controlled by him, but to my greatest dismay, Justice Tsoho went back to the court and maintained everything the President said like a premeditated or recorded speech. What the President wanted was given to him and this has been the case up till this day. As I write to you, secret trial was stroke out in March and admitted again in April. This is the level of impunity that has followed this trial and hence I deem your intervention overdue.


The frivolous charges against Nnamdi Kanu worth not his continued detention, it is strange and shows weakness of any state judiciary should "Prisoner Of Conscience" be seen in a state. Despite the fact that UN 2007 charter on the rights of Indigenous people  gave right to self-determination but Nigeria lives short of her obligations by virtue of being signatory to the declaration.  Democracy gives right to agitate hence within the confines or limitations of law. I however found it disturbing that a healthy judiciary could endure impunity before its altar of holiness. There is no reason for the continued detention of Nnamdi Kanu as he has feared and respected the law by sacrificing everything on the altar of freedom of speech. Too many people have agitated in the past but not without raising sticks, guns and pebbles. This is a man that agitated with his mouth alone and I wonder if freedom of speech is unlawful. Nnamdi Kanu deserves praises instead of persecution, for showing agitation can happen without a fight and disciplining Biafrans that despite all provocations, we remained lawful and peaceful. Agitation for resource control saw violence, agitation for Islamic state and others were violent and no prisoner was persecuted and here is a man that embraced peaceful and lawful agitation being persecuted. The question remains, what is Nigeria teaching Africa and where is the judiciary, should men talk of your era as an epoch men of the bar "shy" away from their responsibility.


Finally, there is need for correction and perfection being the reason you were approached and hopefully, justice will be as we see it dispense. There is an image you must launder before time condemns it. I learnt from my nursery class that even Roman Emperor fears the judiciary and it aches my heart that the Judiciary as represented by high court feared Roman Emperor by granting the Emperor his wish as said. While Biafra is the case, Nnamdi Kanu can be engaged in a dialogue to take another form of Biafra because his unlawful detention will not solve any problem but instead cause more harm. While no Boko haram is in detention, no Fulani herdsmen terrorist neither, why then must a man sanctioned by law therein. Nnamdi Kanu has killed nor planned to usurp anyone, he has only asked for Biafra. Let there be no conspiracy and the supremacy of law be established for justice to anchor.

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