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Monday 11 December 2017

BIAFRA: JUSTICE BINTA NYAKO, NIGERIAN JUDICIAL COUNCIL (NJC) AND MISCARRIAGE OF JUSTICE AGAINST BENJAMIN MMADUBUGWU AND OTHERS

BIAFRA: JUSTICE BINTA NYAKO, NIGERIAN JUDICIAL COUNCIL (NJC) AND MISCARRIAGE OF JUSTICE AGAINST BENJAMIN MMADUBUGWU AND OTHERS

Written by Mazi Onyebuchi Eze
For Family Writers Press

An Abuja based Federal High Court Judge and a Fulani woman - Justice Binta Nyako, presiding over the bogus, baseless, malicious and trumped up treasonable felony case instituted by the Nigerian government against Mazi Nnamdi Kanu, the supreme leader of the Indigenous People of Biafra (IPOB) and 3 other IPOB agitators namely Mazi Benjamin Mmadubugwu, David Nwawuisi and Chiebere Onwudiwe, has shamelessly connived with the Nigerian Judicial Council (NJC), to commit travesty of justice against the above mentioned hardcore Biafrans.  These men have been remanded in prison custody for almost 3 years now without trial. How can the civilised world which has remained adamantly silent over this judicial recklessness explain the legality behind this unjust and inhuman incarceration of unconvicted citizens when the plaintiff (Nigerian government) has for close to 3 years running, not been unable to tender any convincing and satisfactory exhibit in the court of law against them?  Benjamin Mmadubugwu and fellow citizens detained along with him are presumed innocent in the eyes of civilised legal system until pronounced otherwise. They have not been found guilty for any crime and it is rather unfortunate that a court that is supposed to be a temple of Justice, has been turned into a theater of mockery and injustice by a supposed custodian and carrier of justice, ostensibly for the misapplication of the law against the innocent just because of political egocentric interest,  hatred and nepotism. This misnomer cannot be without the blessing of the Nigerian Judicial Council (NJC), just to service the yearnings of the Nigerian government which  has in consonance with coded instructions, ordered Justice Binta Nyako to keep to the principle of incessant adjourments should the Indigenous People of Biafra (IPOB) maintain their hold on their uncompromising quest for Biafra restoration.

It therefore becomes explicitly important to make the Nigerian Judicial Council to understand that the continuous incarceration of these dogged Biafran agitators especially Benjamin Mmadubugwu, who has been battling with threatening health issues in Kuje prison, amounts to heightened spate of injustice and inhumanity even in a supposed democracy. It is obvious that the Nigerian government has lost every tangible argument in the case and so, has resorted to playing games with the judiciary as a stooge. Rationally looking at Mazi Benjamin Mmadubugwu of presently, you will discover very shockingly, a frail, dying man whose deteriorating health condition makes no meaning to the Fulani heartless Federal High Court Judge in the person of Justice Binta Nyako, a woman at that, even. It is now glaringly clear that this woman has blatantly refused in her tenacious bid to execute a teleguided script of the presidency through the Judiciary, to hear the application for bail as pursued by the IPOB legal team, to arrest the heartwrecking health condition of Mazi Benjamin Mmadubugwu. The porous and unethical excuse during the last court sitting on the 5th of December 2017, that Mr. Shaibu Magaji Labaran - Counsel to the Nigerian government who travelled out of the country as claimed, was one of the many deranged excuses,  plotted to scuttle the hearing of the defendants' bail application.

With all these sickening and unjustifiable delays of court proceedings for lawful bail, one is then tempted to ask if Justice Binta Nyako want to kill Mazi Benjamin Mmadubugwu in prison custody. Does Justice Binta Nyako and her immediate supervisor - Nigerian Judicial Council (NJC), really understand the consequences of detaining an accused person who is unhealthy and whose plaintiff (Nigerian government) lacks  conviction in continuing with his trial? It is expected that by now, the Nigerian Judicial Council under the chairmanship of Hon. Justice Walter S. N. Onnoghen should have realized that the government he is serving has lost every eligibility to continue with the criminal case instituted against Mazi Nnamdi Kanu and his fellow IPOB agitators held in detention in Kuje prison for almost 3 years now.

I want to use this medium to tell Hon. Justice Walter S. N. Onnoghen (Chief Justice of Nigeria),  Hon. Justice Abdul Kafarati (Acting Chief Judge, Nigerian Federal High Court) and Justice Binta Nyako (Presiding Judge of the case under discussion), that it is time to say "NO" to the presidency which is satanically and remotely controlling the Judiciary for crass interest. Let the Nigerian Federal High Court under the adjudication of Justice Binta Nyako without further delay, grant bail according to the norms of enlightened Judiciary, to Mazi Benjamin Mmadubugwu, David Nwawuisi and Chiebere Onwudiwe as they have already spent almost 3 good years in prison custody without proper trial.

It is in law that anyone arrested, detained and granted bail by any court of competent jurisdiction, will yet report to the court as at when needed until finally discharged and acquitted. So these Biafran detainees in question will be made available in court as the government of Nigeria and her Judiciary deem fit as long as they (the plaintiff and the court) are prepared to carry on with the case. It is arrantly nonsensical and a mockery of the judiciary for a court to adjourn proceedings in a Federal High Court due to scammed and immoral absence of plaintiff's Counsel who normally appears in court with about 4 other Lawyers from the Directorate of Public Prosecution in the Ministry of Justice, for a purported International Conference. Did they not know about the so-called Conference before arriving at the fixed date for the case or was it an emergency? It now becomes evidently clear that it is Shaibu Labaran that schedules dates for court sittings and no longer the court itself. This puzzle notwithstanding, all we need to see is delivery of justice for our unjustly detained brethren and that expeditiously too.

Edited by Peter Oshagwu
For Family Writers Press

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