Tuesday, 4th October, 2016
Barely two weeks after appearing before the Court 3 Division of the Federal High Court sitting in Abuja, which culminated in the disgraceful withdrawal of the presiding Justice John Tsoho over the defendants’ loss of confidence, the leader of the Indigenous People of Biafra(IPOB), is set to slug it out again with the Federal government of Nigeria, this time at the ECOWAS Community Court of Justice in Abuja this Wednesday.
As a result of gross abuse and violation of the fundamental human rights of the IPOB leader, Mazi Nnamdi Kanu(POC), coupled with the defiance and neglect to the rulings of Nigerian domestic courts, his defense lawyers had since May, dragged the Federal government of Nigeria to the ECOWAS Community Court in Abuja to enforce his basic human rights and secure his release from illegal detention since his arrest October last year.
Read also:BIAFRA: ECOWAS COURT IGNORES BUHARI'S WARNING: INSISTS ON JUSTICE FOR NNAMDI KANU AS CASE COMES UP THIS WEEK
Instances was witnessed whereby the Chief Executive of Nigeria, President Muhammadu Buhari has caged the judiciary, meddled in its supposed independence affairs, defied the rule of law and murdered justice in Nigeria. These irresponsibilities are heightened when an observable pattern has been overlooked or ignored, such as is the case in this suit.
The trial of the Plaintiff (Nnamdi Kanu) in the domestic courts has been carried out in such a despicable manner devoid of professionalism and respect to the tenets of democracy and the rule of law, hence cannot be treated with kid gloves.
A situation where two judges of distinct courts of jurisdiction has granted someone bail on two different occasions while others washed their hands off the case, does not need a soothsayer to tell one that the accused is going through a political vendetta intertwined with gross injustice.
Read also:BIAFRA: NJC MUST SACK JOHN TSOHO TO REDEEM THE IMAGE OF THE JUDICIARY--By Ejike Ofoegbu
It was against this backdrop that Nnamdi Kanu sought for a transparent trial and equitable justice into his continued persecution. Human life has a special value and dignity which requires legal protection.
By interpreting the African Charter on Human and Peoples’ Rights so as to impose on the Nigerian state obligations to respect the fundamental human rights of citizens and uphold the rule of law, the ECOWAS Court of Justice will be demanding from the Nigerian government a commitment to securing these rights and to the reform of the very structure and modus operandi of its domestic legal institutions.
In so doing, the ECOWAS will help to address and checkmate the abuse of power, human rights violation and executive recklessness of which its spate has increased since the coming into power of President Buhari.
Read also:BIAFRA: NNAMDI KANU SET TO SLUG IT OUT WITH BUHARI AT THE ECOWAS COURT
A fundamental notion of the contemporary human rights law is that victims of violations enjoy an independent right to effective remedies. This idea in itself is founded on another longstanding legal principle “ubi ius ibi remedium,” meaning that there is no right without a remedy.
Hence it is assumed that the failure of the Nigerian government to provide for an effective remedy and reparation for its victims, since they have not been produce a convincing evidence to the offense alleged to have been committed, is unlawful as it amounts to breaches of obligations to respect, protect, promote and fulfill the human rights guaranteed under the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.
Read also:BIAFRA: JUSTICE TSOHO SHOULD NOT ONLY STEP DOWN FROM KANU'S CASE, BUT MUST ALSO RESIGN OR BE SACKED WITH IMMEDIATE EFFECT
The fear of ECOWAS Court has really improved on the human rights environment and has brought about a new legal regime across the sub-region. Defying Buhari's order, the court would want the Nigerian government under Buhari to appear tomorrow before the court and justify Kanu's continued detention, despite series of order by the domestic courts to release him unconditionally.
Since the President of the Community Court, Honourable Justice Maria de Ceu Silva Monteiro who declared the 2015/2016 legal year open assured ECOWAS governments and citizens that the court will in no way shirk its responsibilities to the people of the sub-region in its efforts to ensure an ECOWAS of the people and not an ECOWAS of only states, it is therefore expected that the court will dispense justice in an equitable and upright manner devoid of bias or favoritism.
As we wait in anticipation of tomorrow's court session, Biafra writers shall be reporting live from the venue of proceedings.
By Chukwuemeka Chimerue
Published By Nwosu C.S
For Biafra Writers