Saturday 05 November, 2016
In the modern constitutional State, the principle of an independent Judiciary has its origin in the theory of separation of powers, whereby the executive, legislature and judiciary form three separate branches of government, which in particular, constitute a system of mutual checks and balances aimed at preventing abuses of power to the detriment of a free society.
This independence of each arm means that both the Judiciary as an institution and also the individual judges presiding over a particular case must be able to exercise their professional responsibilities without being influenced by the Executive, the Legislature or any other inappropriate sources.
Only an independent Judiciary is capable of rendering justice impartially on the basis of law, thereby protecting the human rights and fundamental freedom of the individual. For the Nigerian judiciary to be considered independent, and for the law guiding its body to be effectively enacted, justice Binta Nyako who was recently appointed to preside over Kanu's case, a man who happens to be the leader of indigenous people of Biafra (IPOB) must perform her duties to the latter, devoid of nepotism, bias and gross judicial misconduct as experienced during the era of John Tsoho.
Consequently, the principle of independence of judges was never invented for
the personal benefit of the judges or to please a dictator and genocidist like Buhari, but was created to protect human beings like Nnamdi Kanu and IPOB against tyranny and abuses of power. It follows that judges cannot act arbitrarily in any way by deciding cases according to their own personal preferences, but that their "duty is and remains to apply the law".
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A legal practitioner based on respect for the rule of law must be strong, independent, and impartial prosecutors must be resolutely willing to investigate and prosecute suspected crimes committed against human beings even if these crimes have been committed by persons acting in an official capacity. Buhari has committed grievous crimes against humanity and nobody is willing to impeach him for breaking the laws as obtainable in the Nigerian constitution.
Nnamdi Kanu who Muhammadu Buhari of Nigeria made the prisoner of conscience has been tried by many jurors on allegation of treasonable felony, bringing in containers of goods with different prescription and managing an unlawful organization, but what the ignorant illiterate from Daura (Buhari) has refused to admit is that IPOB is not an organization but a people of a great nation (Biafra) seeking the same sovereignty that Western Sahara and the Palestine whom Buhari supported/ advocated for on various occasions are seeking for.
Despite being slammed with these frivolous charges, Kanu was exempted of it all by justice A.F.A Ademola, but because IPOB is forced to cohabit with uncivilized people, especially those from the Hausa-Fulani enclave with limited capacity to reason and for the inability of Buhari's administration in accepting criticisms as part of unavoidable encounter in goverance, the clueless DSS at the behest of Buhari flouted the court orders that discharged Nnamdi Kanu unconditionally, while their master ran to the media and spewn that Nnamdi Kanu will not be released irrespective of Ademola's order.
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Prior to Kanu's detention, justice John Tsoho who previously presided over the case of Nnamdi Kanu from February to 26 September 2016, neglected the ethics of law. Tsoho was accused of impropriety and bias in his judgment and was therefore forced to hands-off the case after the defense counsel to Kanu reported him to the chief justice of federation and NJC. He denied Nnamdi Kanu bail on the hogwash of being a threat to national security, right after Buhari made same statement even when his case has not been heard by his court.
Tsoho subsequently denied prosecuting counsel his appeal to bring in masked witnesses to testify against Kanu, but suprisingly reversed his decision that masked witnesses can be allowed to testify against the IPOB leader, Nnamdi Kanu. It was also revealed that Tsoho was paid =N=100,000,000 (one million) by Buhari to convict Nnamdi Kanu and toppled with the position of the next Chief justice of the federation, even when Kanu was proven not guilty beyond every reasonable doubt; thereby causing the NJC to be laughed at.
This delinquencies of the judiciary is left for justice Binta to correct on the 8th of November 2016. The world has already formed a negative impression of her appointment as Kanu's judge, her assignment to the case is viewed as a sabotage to justice, but we will give justice Binta a benefit of doubt to see if she will act according to tenets of the law or play/act the master's script. Kanu has the right to a fair hearing as reiterated by the European parliament during a motion moved in April 2016, and it is Justice Nyako's duty to ensure fair court proceedings and decisions, void of malignancy, irrespective of her relationship with Buhari.
Part of the motion for resolutions and recommendations drafted by the Parliament to be discussed in the agenda for the debate on the violation of Human Rights of the Indigenous People of Biafra and its leader, Nnamdi Kanu(POC), included:
- The call on the Federal government of Nigeria to ensure the humane and fair treatment of prisoners, including the detained Leader of the Indigenous People of Biafra, Nnamdi Kanu(POC), and to uphold the law of international human rights in ensuring his access to fair hearing/trial in court.
- The violent responses/dispositions of the Nigerian security operatives to civil disturbances, demonstrations and agitations for an independent and/or sovereign state of Biafra by Pro-Biafra protesters.
- Urges the Nigerian government to ensure the freedom of conscience and expression of its citizens throughout the country.
- To take a critical look at the special investigation panel set-up by the Nigerian Army to investigate allegations of grave violations and abuse of human rights by its security forces which involves the killings, torture, illegal arrests, enforced disappearances or abductions.
With the above in mind, we sincerely hope that Biafra writers advise to Justice Binta Nyako will be followed to the latter, to prevent further deterioration in the administration of justice and to redeem the already battered image of the Nigerian judicary. Justice Nyako should follow the footsteps of fearless judges like A.F.A Ademola and Nnamdi Dimgba who also cautioned the executive arm to relieve its power from the judiciary by ordering that court rulings must be obeyed by Buhari's DSS.
By Anyikwa Kelechi Cynthia
Edited And Published By Nwosu C.S
For Biafra Writers