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Thursday, 7 June 2018

BIAFRA: JUSTICE BINTA NYAKO IS MORALLY OBLIGATED TO GRANT BAIL TO BIAFRAN DETAINEES IN KUJE PRISON

BIAFRA: JUSTICE BINTA NYAKO IS MORALLY OBLIGATED TO GRANT BAIL TO BIAFRAN DETAINEES IN KUJE PRISON

Written by Mazi Onyebuchi Eze
For Family Writers Press

Justice Binta Nyako of an Abuja-based Federal High Court, is under inexcusable moral obligation to grant bail to the Biafran agitators remanded in Kuje prison for over three years running now, in the interest of justice. This is based on the declaration by the Chief Judge herself that the detainees' bail application which has witnessed prolonged hearings and judicial summersaults will eventually be given attention on the 25th of June 2018, as the court resumes sitting. According to all known civil laws even in Nigeria, any accused person remains absolutely innocent until otherwise proven by the court of whatever charged offence. Justice Binta Nyako as the presiding judge of Federal High Court Abuja, before the purview of the global community, has remanded Benjamin Mmadubugwu, David Nwawuisi, Chidiebere Onwudiwe and Bright Chimezie in Kuje prison for over three (3) calendar years now without trial nor bail on the accusations though bailable, that were levied against them by the Buhari led government of Nigeria. These Biafran non-violent freedom fighters had already pleaded not guilty of the treasonable felony charge brought against them. They remain callously being subjected to all manner of despicable treatments in detention which has even exceeded the duration required of the sentence served on actual convicts.

It therefore becomes essentially incumbent upon Justice Binta Nyako to grant unconditional and unambiguous bail to these prisoners of conscience that have been in Kuje prison, in the interest of justice and fairness. Granting bail to these Biafrans will not in any way jeopardise their trials nor does it suggest the closure of the case. They will continue to availably appear in court after the 25th of June 2018 date, the presiding judge scheduled for the hearing of the bail application any time they are needed until the Nigerian government tenders before the court, satisfactory evidence that these agitators are guilty of the preferred charges. Their re-arrest could be ordered as it is practised elsewhere in the world, if actually proven guilty, to serve their jail terms. The only acceptable, redeemable and intelligent option left for Justice Binta Nyako, is to expeditiously grant them bail as the court resumes sitting on the fixed date and not to initiate further truncation of the course of justice through whatever means/antics, for the service of the jaundiced and tyrannical interests of the powers that be.

Maintaining the status quo, grossly negates the very essence of human rights protection as contained in the Nigerian Constitution and municipal laws of the country. It is evil for the court of law under any pretext, to continue to remand these Biafran agitators in Kuje prison for peacefully exercising their rights for freedom which has invariably become the yearnings of over 95℅ of Biafrans globally. Justice Binta Nyako is on her way to rubbishing her professional reputation before the world, if on the 25th of June 2018, she fails to rule in favor of the bail application of these innocent freedom agitators. If for any reason, these men should be subjected to human right abuses as they are presently undergoing, it should not be through the instrumentality of an institution like a Federal High Court.

The presiding judge should not renege on her statement of not accepting further applications on this matter from the Nigerian government which has woefully failed to file any motion before the last sitting which was on the 30th of May, 2018. It is only by standing on this premise, that the battered image and dignity of the Nigerian Judiciary could be restored. She should courageously grant bail to Messrs Benjamin Mmadubugwu, David Nwawuisi, Chidiebere Onwudiwe and Bright Chimezie as the court awaits the Nigerian government to prove her case beyond every reasonable doubt, in subsequent appearances. What millions of interested legal observers are eagerly awaiting for in the interim, is not outright acquittal of these men but justified grant of bail so that their worsening health conditions could be comprehensively and promptly attended to. It will dedound to a devastating moral tragedy if Justice Binta Nyako, the presiding judicial officer of the Federal High Court Abuja, fails in her responsibility to grant succour to the already psychologically battered family members of the detainees, if appropriate trial since their incarceration over three years ago without bail, is denied them. As 25th June, 2018, the next adjourned date of sitting fastly approaches, the civilised world is watching with keen interest, the unfolding developments from the judicial fireworks emitting from Justice Binta Nyako's Federal High Court in Abuja.

Edited by Peter Oshagwu
For Family Writers Press

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