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Saturday, 18 March 2017

PRIMA FACIE RULING OR ACQUITAL OF NNAMDI KANU: TWO CHOICES BEFORE JUSTICE BINTA NYAKO IF JUSTICE MUST PREVAIL

PRIMA FACIE RULING OR ACQUITTAL OF NNAMDI KANU: TWO CHOICES BEFORE JUSTICE BINTA NYAKO IF JUSTICE MUST PREVAIL



By Mazi Onyebuchi Eze
For Family Writers

As the next court sitting and hearing on the case of 5 count charges bothering on treasonable felony and other frivolous allegations instituted by Nigeria government against Mazi Nnamdi Kanu, the supreme leader of Indigenous People of Biafra (IPOB) comes up on March 20th and 21st, 2017, the Nigeria Federal High Court in Abuja presided over by Justice Binta Nyako is standing between two choices if justice must smile to victory in the said court sitting. The two choices that will make justice to prevail in the coming court sitting of March 20th, is as follows:

(1) The court must as a matter of urgency stand that justice must prevail, by demanding that the prosecution counsel should make available before the court substantial exhibits and evidences of treasonable felony such as recovered armory or weapons in his/their possession and armed gangs like militants or mutinous rebels of government armed forces in his/their command with intent to forcefully take over the government of Nigeria or any part thereof or any other secret moves, actions or plans relating to the same as demanded in the Prima Facie suit of January 10, 2017 filed by the defense counsel. We must recall that the defense counsel led by Hon Ifeanyi Ejiofor filed a suit of Prima Facie demanding for the government of Nigeria to bring up satisfiable exhibits and evidences even if it is without any visible witness to substantiate its allegation against Nnamdi Kanu and other three defendants. It is worthy of note that the honourable court has not done anything with the filed suit of Prima Facie apart from squashing of 6 out of 11 frivolous defunct charges. Observers in the court is going to expect the Prima Facie suit to receive its needed hearing and ruling come March 20th or Nigeria government will be viewed as accusing Nnamdi Kanu without proof.

(2) The court should also with immediate effect rule that Nnamdi Kanu should be acquitted if the prosecution counsel fail to bring up the long awaited witnesses, evidences or at least tangible exhibits that can give the court an insight that Nnamdi Kanu committed any treasonable felony. As a matter of justice, a heavy allegation of treason or treasonable felony from a notable plaintiff like the Federal government of Nigeria is expected to be made with a glaring exhibits and evidences as analyzed above even when a witness has not been provided to analyze when, where and how the available exhibits were recovered from the treasonable felons instead of tarnishing its diplomatic image by wasting time on nothing. Even if the witnesses are afraid to come to open court and testify due to fear of victimization, let the court demand for at least exhibits. I hereby urge the court to declare Nnamdi Kanu acquitted should Nigeria government fail to provide any satisfiable exhibits relating to treasonable felony against the 4 IPOB.

Moreover, I want Justice Binta Nyako, the presiding Judge to see the judicial errors she committed by denying the 4 IPOB, their bail application on the order of General Muhammadu Buhari who want them to be jailed at all cost even extra-judicially. Has the court under Justice Binta Nyako as presiding Judge granted Nnamdi Kanu and other 3 IPOB bail on November 8, 2016 when the case file was opened as the law stipulated to go and prepare for their defense against the government allegations in the said case, Nigeria government can go ahead and stay till eternity before it substantiate its heavy allegation of treason against the 4 IPOB. However, it is rather a rape on justice for the honorable court to deny the accused persons bail on a mere assumption that the accused persons whose international passports and other travelling documents were confiscated by the same authorities of the government, could be flight risk or may jump bail. Now that the prosecution counsel has continued refusing to show seriousness in substantiating their allegation with evidences or tangible exhibits, the only thing that will return smile on the face of justice is for the court to overrule bail denial just as it overruled secret trial and acquit Nnamdi Kanu.

It has become important for the honorable court and the presiding Judge in particular to use her discretion to think of the pain associated with confining an accused person in prison for 17 calendar months when it is obvious that the government is using the power vested on the honourable court as tool for human right violation. Justice Binta Nyako should say "NO" to further waste of time by the prosecuting counsel and acquit Nnamdi Kanu and other 3 IPOB  if S. I. Labaran continues praying the court for the reinstatement of the already thrown away laughable secret trial. The world is on the watch and their fingers crossed to see the incorruptibility in the trial Judge come March 20, 2017.

Edited by Orji Munachimso Sandra

For Family Writers

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