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Thursday, 14 December 2017

Nnamdi Kanu Vs Army: Justice Binta Nyako’s Irrational Adjournment, A Travesty And Affront To Justice











By Chijindu Benjamin Ukah || For Biafra Writers

December 14, 2017

After another irrational adjournment yesterday, on the suit filed by lawyer to the leader of the Indigenous People of Biafra, Nnamdi Kanu, Barrister Ifeanyi Ejiofor, seeking to compel the Chief of Army Staff, Lt-Gen. Tukur Buratai to produce Kanu in court, it is now clear that the Muslim judge, Binta Nyako has compromised the standard upon which justice is built.

Binta Nyako is biased in this case; she is doing the bid of her paymasters by not only adjourning Kanu's trial endlessly without tangible reasons but deliberately adjourned ruling on the suit asking the Army Chief to produce Kanu in court simply because she obviously knows the judgment would go against the favour of her pay masters. Nyako's favoritism and biasness is further laid to bare by the fact that she failed to establish cogent reasons that warranted the adjournment.

In my previous article titled, “The Stupidity And Unprofessional Conduct Of Buratai, FG, And The Need To “Invoke The Doctrine Of Last Seen”, I had stated clearly that; “Last Seen Doctrine” in law, stipulates in cases of murder, where there is no explanation for the death or disappearance of the deceased and the defendant was the last person seen in company of the deceased, then circumstantial evidence can be used to link the defendant to the death of the deceased or applicant as the case may be, and prove the charge against the defendant beyond reasonable doubt.

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There is no burden on the defendant to prove his innocence and explain the death or sudden disappearance of the Applicant but the burden remains on the Prosecution to prove that the defendant killed the deceased. It is the duty of the prosecution to lead sufficient evidence to establish a prima facie case against the defendant to require an explanation for the disappearance of the deceased and absence of any reasonable explanation can support the inference of guilt.

Justice Nyako knows that the ball is on her court to invoke the “Last Seen Doctrine” against the Army represented by Lt-Gen. Tukur Buratai, on whose order the soldiers invaded Kanu’s home and whisked him away. But instead of doing the needful, Binta have chosen to protect her pay masters thereby subverting and murdering justice. She is intentionally frustrating the counsel to Nnamdi Kanu.

Binta Nyako is committing judicial blunder and grave misconduct against judicial processes. She is under oath to protect the rights of the common man but the reverse is the case in this matter. If Buratai and his army cannot produce Nnamdi Kanu in court, Binta Nyako should do the needful or resign from handling the case.

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It is unfortunate and appalling that the Nigerian judiciary always allow its integrity to be rubbished and dragged to the mud by the likes of Justice Binta Nyako whose uncoordinated conduct has further basterdized its image and hope of ordinary citizens. Her conduct in handling this case is a proof that the Nigerian Judiciary is indisputably under the control of the Executive arm of government, which is against the rule of checks and balances obtainable in a democratic system of government.

The jihadist Fulani cabals who has taken Binta Nyako as their puppet must understand that Kanu’s case is a global matter of interest and the world is watching and monitoring how this case is being handled and how it will also end. The Indigenous People of Biafra, IPO,B will continue to fight until justice prevails.


The Biafra Times
Edited By Chukwuemeka Chimerue
Contact us at:[email protected]

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