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Wednesday 28 December 2022

Nigeria Government's Disobedience To Court Orders And The Slide To Justifiable Rebellion

  Nigeria Government's Disobedience To Court Orders And The Slide To Justifiable Rebellion

Democracy is referred to as the government of the people, simply because it consists of three independent arms that operate with checks and balances. These checks and balances assigned a defined role to each arm beyond which it becomes usurpation, ultra vires or abuse of power. When this happens, what is usually left is a cold-hearted brutal dictator. 

When a matter is in court, it is a subjudice. This means that the public is prohibited from discussing such a matter so as not to influence it. But, it is on record that Mr. Buhari(the Nigerian President) has come out on several occasion, from the first illegal arrest to the current abduction of Nnamdi Kanu, to tell the media that Nnamdi Kanu will not be released. Therefore, when a president, the head of one arm of government, a powerful man that holds all the executive leverages cites bogus claim in a legal matter involving a citizen, it shows intent to steamroll, strong-arm and intimidate. It is a clear display of unwillingness to allow the law be interpreted without bias.

In the month of May this year, 2022, during a visit to Ebonyi state, President Muhammadu Buhari in a meeting he had in Abakaliki with political leaders of the Eastern region(Biafraland), told those leaders that the court will determine the fate of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra(IPOB).

It can also be recalled that late Chief Mbazulike Amaechi, a nonagenarian, traveled so long distance of Anambra to Abuja, with a poor health condition, in the company of other elders to meet with Buhari in quest for the release of Nnamdi Kanu as a last wish of the late Elder Statesman(Chief Amaechi). As with the Abakaliki meeting, these elders demanded for the second time for Mr. President to release Nnamdi Kanu and other Biafran youths held illegally in various detention camps across the country. And President's reply was that "the court will determine their fate".

There is always a danger when a president whose history at judicial compliance or proclivity for court abuse promised that the court will “determine”. The real question would be: is it the independent court or a rubber stamp Court; a Court of his fantasy which would be an extension of the executive arm?

As it stands now, the big question which Muhammadu Buhari needs to answer is whether the court is still in charge of Mazi Nnamdi Kanu's case or has he and his government taken over the judiciary? This last question is especially important, given the order from many Courts of competent jurisdiction, including a Federal High Court and an Appeal Court, discharging and acquitting Nnamdi Kanu, even awarding damages and mandating Nigerian government to return him to Kenya where he was abducted. What is even jaw dropping is that after the Appeal Court judgement, suddenly the three brave judges were transferred and replaced by shopped judges who did as instructed by granting a stay of execution. 

There is an impending danger to a society when a president is refusing to obey a court order that did not go the way he wanted. When a president is citing National Security as a reason for not obeying a court order to release a “self determination” activist, but rather extends the same gesture to known terrorists Boko Haram and bandits, then he is called out for what he is: a dictator. Dictatorship is a danger because it breeds chaos. When citizens cannot be guaranteed equal justice, they resort to self help; rebellion becomes an act of patriotism. 

So, the world knows that the court has quashed all the allegations against Mazi Nnamdi Kanu, the court said he committed no offence. In addition, a United Nations Working Group’s opinion also sides with Nnamdi Kanu; requesting that he be released this December as a deadline.

Mazi Nnamdi Kanu is not in DSS prison because he committed any offence. He is still in prison today because he is hated by Nigeria, APC and Muhammadu Buhari. 




Written by Obulose Chidiebere

Edited by Chibueze Daniel


For Family Writers Press International

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