Biafra: On The Defense Of Nnamdi Kanu’s Defense Counsel
By Ifeanyi Chijioke
Writes for TBP
25th March 2017
I have always urged for a superior argument and sufficient awareness while deliberating or dealing with a topic; this will bring about public acceptance and when opposing argument is tabled one will yet standout. I am yet to come to term with the decision of direct attack instead of constructive criticism to bringing out the best in one’s life. I am also concerned about sentiments or looking for issue where there is none. I totally disagree with ‘underperformance’ term because it has no basis neither can it be substantiated.
Nnamdi Kanu’s defense counsel might not be perfect but they could have won this case so long before now on a neutral ground or in a Court of justice. Who is not aware that there is no justice in Nigerian judiciary or are we not aware that the judiciary has been hijacked by the executive? Nnamdi Kanu through his defense counsel is fighting corruption and not fighting a legal battle because in the first place, there are no charges worth being entertained due to lack of evidence. This is what a primary one pupil knows. Nnamdi Kanu became a political prisoner and being politically tried, by virtue of being a political prisoner; it means he committed no crime but being persecuted for his position or belief.
December 2015 before the ruling of Justice Ademola of Federal High Court Abuja that ordered the unconditional release of Nnamdi Kanu; I happened to be in a meeting when a Secretary to Muhammadu Buhari called a principal officer of IPOB and plainly told him that ‘Muhammadu Buhari’s presidency will never agree or allow any Court to release Nnamdi Kanu. The caller who identified as personal secretary went on to say that the officer should try as much as possible to convince Nnamdi Kanu to accept negotiation”. The conversation could not be recorded because the caller called through a social media platform. This is a clear indication that Nnamdi Kanu through his defense counsel is fighting for justice which has been denied right from the beginning.
It is also imperative to know that Nigeria is a lawless country; this needs not to be explained unless one is a citizen of USA. As a lawless country; it would take more than legal battle to get justice in Nigerian Court no matter how radical you appear. Nigeria as a country doesn’t reason and this is more of the reason law is neglected. How could a competent Court of jurisdiction order the release of Nnamdi Kanu and the president of the country obviously plays above the law by flouting the order and nobody is talking? There is Senate and there is House of Representatives that have the powers to compel the executive to obey the law but they are there feigning ignorance as their own constitution is rendered powerless and useless. It beats my imagination that despite knowing the puppet state of Nigerian judiciary one attacks Kanu’s defense counsel that has continued to disgrace Nigerian government on every adjourned date. Nigeria has the chance to release Nnamdi Kanu now or continue to fizzle out before the world. Nnamdi Kanu is the one trying Nigerian government and very soon, the world will pass final judgment.
The first trial Judge Justice John Tsoho ran away from Nnamdi Kanu’s case (courtesy of present defense counsel) and could not face the defense counsel after he ruled and counter-ruled himself. Now Justice Binta Nyako has taken over the matter and it is as good as Muhammadu Buhari being the judge on his own case. The defense counsel to the leader of Indigenous People of Biafra is fighting gallantly and no matter the law quoted or anything pursued in this very case, Muhammadu Buhari would not rule against himself through Justice Binta Nyako.
The trial of Nnamdi Kanu is not a case; it is not a complicated case that needs legal luminary, vigor or extra ordinary knowledge. This is a case that the prosecution has no evidence and one will begin to wonder why the Court should entertain the case at the initial time. The defense counsel has pursued this case professionally to an extent that the trial judge confessed that her ruling or position is no longer based on the constitution or common law but Sharia law.
It is very clear that Nnamdi Kanu is fighting against corruption itself and this is a battle between conscious corruption and justice. If the defense counsel is complaining or praying anything; he is telling the world because nothing said to Justice Binta Nyako will change her decision to execute Nnamdi Kanu to free her family. The defense counsel must continue to show courage; lay complains, pray the Court and fight doggedly; they must make sure that the plans of Binta fail while the people of Biafra continue to agitate for the release of their leader. The bigger job for the release of Nnamdi Kanu is on the side of the people of Biafra while defense counsel continues to protect his client against injustice and pressing for bail, which he continues to do smartly and professionally.
What has the prosecution done in this case if not to boringly continue to pray the Court to strike out one application or another without a single argument? What has the prosecution done if not to report to Muhammadu Buhari what they want the trial Judge to do and she would do that because she represents the interest of the prosecutor? Nnamdi Kanu’s case is not based on fair trial and what do you expect the defense counsel to do if not to continue to stand his ground that his client would never ever be tried secretly or under Sharia law and demand his bail.
Most critics might not know what Court procedure is all about. Expecting Justice Binta Nyako to be addressed strongly by the defense counsel is not legal ethic. Expecting Nnamdi Kanu’s counsel to stop praying or pleading his lordship but command her or compel her is totally unprofessional; the counsel might even be sanctioned in that bit.
The basic thing to go home with in this matter is; no lawyer may be able to do more than what has been achieved so far by this present defense counsel and trust is an important factor and scarce. If we expect quoting of law in that Court or the defense counsel shouting and jumping to know that they are working; then we are really of poor judgment. Which law has not been quoted even when there is no case therein?
One thing is very clear; there is no justice in Nigerian Court and the trial Judge is hell bent on doing what Muhammadu Buhari told her to do in that very matter. Nnamdi Kanu’s defense counsel won this case the day the trial Judge said that Kanu’s trial is no longer based on the constitution or common law but based on Sharia principle. Instead of attacking the defense counsel; let us continue agitating and mounting pressure until justice is done. If Nigerian Court embraces justice; then the case is over. The case cannot be won by Nigerian government but will instead continue to disgrace the country. Each adjourned date; the defense counsel forces the trial Judge to face one disgrace or another. The latest disgrace is succumbing to Sharia principle in a federal Court and with determination and consistency, she will be forced to embrace justice. Nnamdi Knu is fighting corruption and no longer fighting legal battle.
Editor/Publisher: Chinwe Korie
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