BIAFRA NEWS : The Kafkaesque Nigerian Prosecution Of Nnamdi Kanu, By Bruce Fein

 

 There is zero legal justification for the non-nation of Nigeria to prosecute Nnamdi Kanu. 

​If there are more illegal, Kafkaesque prosecutions thanNigeria’s concocted case against IPOB leader Nnamdi Kanu in the history of jurisprudence, they do not readily come to mind.

​For starters, consider that Nigeria is not a legal state.  It is without standing to prosecute anyone. Not a single Nigerian voted to make it a nation.  It is the child of illegal British colonialism professedly justified by the opportunistic and now repudiated Doctrine of Discovery, a euphemism for “the strong do what they can and the weak suffer what they must,” asThucydides observed in his History of the Peloponnesian War.  

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​Nigeria did not become a legitimate nation in 1960 when illegal British colonization ended.  Under the ‘fruit of the poisonous tree” doctrine, the law refuses to validate the criminal handiwork of an illegal actor. Otherwise, it would pay for nations to engage in criminality.

The British had no right to unilaterally hand off Nigerian sovereignty to a handful of compromised Nigerians in 1960 without a free, transparent, and fair elections organized and conducted by Nigerians. Further, the UK’s decolonization of Nigeria violated the international law requirement, stipulated by the United Nations General Assembly, that independence referenda be held for each discrete peoples in accord with the right of self-determination

 In other words, the 1960 government of Nigeria and Nigeria itself was illegal from top to bottom.  Its successors are equally illegal as representing the fruit of the illegal Doctrine of Discovery. 

​Nigeria’s illegitimate prosecution of Nnamdi Kanu is compounded by the flagrant illegality of the Nigerian Constitution under which the prosecution has professedly been brought.  The 1999 document was ordained by a military dictator with no public input, debate, or vote.  It commands no more legitimacy than a constitution drafted by Satan and distributed by Judas Iscariot. Who gave General Abdulsalami Abubakar the right to dictate a constitution for Nigeria?  He had no writ from God.  Every law passed pursuant to the Nigerian Constitution is null and void as fruit of the poisonous tree, including the laws invoked to justify prosecuting Nnamdi Kanu. 

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​But there is more. Article 36 of the Constitution mandates that Nigerian tribunals be “independent” and “impartial.” The judge presiding over Nnamdi Kanu’s case, Binta Nyako, is neither. Every lawyer in Nigeria knows the High Court Judge receives her marching orders from the Attorney General.  But none will shout like the child in Hans Christian Andersons’ fairy tale that the Emperor has no clothes for fear of retaliation. Judge Nyako’s subservience to the Attorney General’s demands explains her erratic, vacillating, unreasoned rulings to advance the political agenda of Nigeria’s President.  ​The only neutral, impartial body that has examined Nnamdi Kanu’s case has been the United Nations Working Group on Arbitrary Detention.  It unanimously decreed in July 2022—nearly two years ago—that Nnamdi Kanu should be immediately and unconditionally released with reparations because his detention violates sixteen (16) international human rights covenants binding on Nigeria.  As a member of the United Nations, Nigeria is bound to comply with international law as expounded by United Nations institutions.  Nigeria has forfeited its right to sit at the United Nations by its defiance of the Working Group’s order.  

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​Finally, the Nigerian Supreme Court on December 15, 2023, concluded that Nigerian officials committed the crimes of kidnapping and extraordinary rendition in obtaining custody of Nnamdi Kanu from Nairobi, Kenya.  To highlight the Nigerian government’s crimes and generate support for Nigeria’s expulsion from the United Nations, Nnamdi Kanu should refuse further participation in his court proceedings until the Nigeria government prosecutes to final judgment the Nigerian officials responsible for his criminal abduction, extraordinary rendition, and detention.  That defense should be aggressively argued and highlighted in every filing and proceeding before Judge Nyako.

​There is zero legal justification for the non-nation of Nigeria to prosecute Nnamdi Kanu.  It is indistinguishable from a drive by shooting. Every lawyer and Nigerian citizen who believes in the rule of law should be protesting accordingly. The Nigerian government will never be persuaded by law, only by fear of losing power and legitimacy.

Bruce Fein is Nnamdi Kanu’s international lawyer and spokesman.

BIAFRA NEWS : Boko Haram major threat to Nigeria’s existence since Biafra Civil War – Gowon

BIAFRA NEWS : Release Nnamdi Kanu unconditionally, Rep begs Tinubu

 

 

The lawmaker representing Ikwuano/Umuahia North/Umuahia South Federal Constituency, Abia State, Obinna Aguocha, has urged President Bola Tinubu to utilise his office to secure the release of detained Indigenous People of Biafra leader, Mr Nnamdi Kanu.

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Kanu has been in detention since his extradition in June 2020, facing charges of alleged terrorism by the Federal Government. Despite a 2022 Court of Appeal order for his release on health grounds, the Federal Government appealed to the Supreme Court, directing Kanu to resume trial at the Federal High Court. He has remained in the detention facility of the Department of State Services.

In a statement issued in Abuja on Saturday, Aguocha, a member of the Labour Party, emphasized that there’s no justification for Kanu’s continued custody, especially when others like Godwin Emefiele, Omoyele Sowore, and Sunday Igboho are free.

Aguocha stressed the importance of Tinubu’s intervention, stating, “I hereby appeal to the President of the Federal Republic of Nigeria, Bola Tinubu, to use his esteemed office to ensure the unconditional and immediate release of Nnamdi Kanu as a gesture of goodwill towards the peaceful development of the South East and the well-being of Ndi Igbo.”

He pointed out the disparate treatment of Kanu compared to other accused citizens, questioning, “Is there one set rule for other Nigerians from different zones and another for Igbo’s within the South East zone?”

Aguocha concluded by advocating for Kanu’s unconditional release, echoing the sentiment that justice should be equal for all citizens.

BIAFRA NEWS : IPOB leader Nnamdi Kanu gives court conditions to stand trial

 

Nnamdi Kanu, through his lawyer, gave conditions to stand trial for the charges preferred against him by the Nigerian government at the court's Wednesday's hearing. 

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The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, says he would stand trial only if the court grants him bail.

Mr Kanu whose proscribed group is seeking a secession of the five southeastern Nigeria states and parts of the south-south region, faces treason charges at the Federal High Court in Abuja.

At the resumed hearing on Wednesday, Mr Kanu’s lead lawyer, Aloy Ejimakor, told the judge, Binta Nyako, that his client would stand trial on the conditions that he is either granted bail or transferred from the State Security Service (SSS) detention facility to the Abuja prison.

 Mr Ejimakor contended that Mr Kanu’s restricted access to his lawyers at the SSS facility has hampered the separatist leader’s constitutional right to prepare for the case.

Referencing the cases of Islamic cleric; Sheik El-Zaky Zaky, and Sambo Dasuki; a former National Security Adviser (NSA),
Mr Kanu requested to be put on house arrest to enable him to have unfettered access to his lawyers.

The court had ordered Mr Kanu’s arrest in March 2019 after adjudging him to have jumped bail.

The arrest order came months after the IPOB leader fled the country in the wake of the invasion of his home by soldiers in Afara-Ukwu, near Umuahia, Abia State, in September 2017.

Mr Kanu was re-arrested in Kenya in June 2021 and forcibly repatriated to Nigeria. He has since been in SSS custody in Abuja.

But in his argument on Wednesday, Mr Ejimakor said the court’s revocation of his client’s bail was based on misrepresentation of facts by the Nigerian government.

He insisted that Mr Kanu never breached any of the bail conditions until the soldiers raided his home, killing scores of people.

“We seek the transfer of the defendant from SSS’ detention to a house arrest or other similar places of custody or similar law enforcement agency’s custody.

“My Lord, it is important to do so. The application did not arrive in a vacuum. We made it orally and were directed to put it into writing. We are offering solutions to assist accelerate hearing ordered by the court.

“It is not strange to have a defendant detained in a house arrest. Sambo Dasuki and El-Zaky Zaky have enjoyed this in the past,” Mr Ejimakor told the judge.

The government was supposed to commence its case on Wednesday by calling its first prosecution witness.

But Mr Kanu’s fresh bail request stalled the trial.

The court had on three separate occasions rejected Mr Kanu’s bail applications.

Responding to Mr Kanu’s contention, the prosecution lawyer, Adegboyega Awomolo, urged the court to reject the IPOB leader’s conditions for trial.

 Mr Awomolo, a Senior Advocate of Nigeria (SAN), described the application as “frivolous, vexatious and baseless.”

He reminded the court that it had on several occasions denied Mr Kanu bail.

Mr Awomolo said the trial court had lost jurisdiction to entertain Mr Kanu’s fresh bail request as doing so would amount to sitting on appeal to overrule its own ruling.

The prosecution lawyer added that the appropriate forum for Mr Kanu’s bail application was the Court of Appeal.

He noted that it was out of place for the IPOB leader to dictate to the court how his trial would be conducted.

After listening to the lawyers’ arguments, the judge adjourned the suit until 20 May for ruling.

The separatist leader was first apprehended in October in Lagos, South-west Nigeria, after he arrived in the country from the United Kingdom.

Mr Kanu holds the dual citizenship of Nigeria and the UK.

The judge had granted Mr Kanu bail on medical grounds in April 2017, after he was incarcerated for nearly two years.

However, Mr Kanu stopped attending court proceedings after the Nigerian military invaded his home in Abia State.

He was rearrested and returned to Nigeria where he faced terrorism and treasonable felony charges.But Ms Nyako struck out eight out of the 15-count charge that the government filed against Mr Kanu.

Similarly, the Court of Appeal in Abuja dismissed the remaining eight count charges on the grounds that the government illegally repatriated Mr Kanu from Kenya in breach of both local and international laws.

However, in December 2023, the Supreme Court overturned the appellate court decision dismissing the trial.

The Supreme Court affirmed Ms Nyako’s decision solidifying the validity of the charges against Mr Kanu.

But, since the case resumed at the Federal High Court in Abuja following the Supreme Court decision, there has not been much progress because of preliminary issues regarding Mr Kanu’s bail and complaints about his “deteriorating” health conditions.

Mr Ejimakor has consistently argued that his client’s health conditions were getting worse by the day.

BIAFRA NEWS : Court Fixes May 20 To Rule On Nnamdi Kanu’s Application Seeking Transfer From DSS Custody

 

Justice Binta Nyako of the Federal High Court Abuja, on Wednesday, fixed May 20 to rule on the application seeking to transfer the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu. 

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Justice Nyako adjourned for ruling after listening to arguments on the application.

Counsel for the defendant, Aloy Ejimakor, during the proceedings on Wednesday, moved the application to prepare him for trial.

He said Kanu’s continued detention in the custody of the Department of State Services (DSS) would mitigate the accelerated hearing ordered by the court.

Ejimakor said they are seeking the transfer of the defendant from the DSS’ detention to a house arrest or other similar places of custody or similar law enforcement agency’s custody.

He pointed out that ex-National Security Adviser (NSA), Sambo Dasuki; and leader of the Islamic Movement in Nigeria (aka Shi’ite), Sheikh Ibraheem El-Zakzaky, have enjoyed this privileged in the past.

However, the counsel for the prosecution, Adegboyega Awolomo, urged the court to dismiss the application.

Justice Nyako subsequently fixed May 20 for ruling on the matter.

BIAFRA NEWS : December’s Biafra Declaration: Highest historical quest for freedom – BRGIE

 

 

The Biafra Republic Government in Exile (BRGIE) has said that its declaration for the Biafra’s reinstatement on December 2, 2024, will mark a significant milestone in the historical struggle for Biafran independence.

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The Prime Minister of BRGIE, Simon Ekpa who disclosed this in a statement on Tuesday, said the epoch conference shall converge over 1,000 Biafra delegates worldwide to decide on Biafra liberation.

According to him, the conference scheduled to hold in Finland from November 29 to 3 December 2024 will be a defining event that would positively shape the history of Biafra.

His statement read in parts, “The Declaration of the Restoration of the Independence State of Biafra Conference, scheduled to take place in Finland from November 29 to December 3 2024, will be the highest History pursuit for freedom. Over 1000 Biafra delegates from all over the world will gather in Finland for this convention, and this is the second time.

 

“Event ticket link and accreditation
https://www.biafrasecurityadministration.org/event

“All media are with special status invitation”.

This development came two months after over two million Biafrans voted to exit Nigeria through a BRIGIE-backed e-voting platform.

Recalled in October last year, BRIGIE hosted an extraordinary conference on Biafra Referendum.

Ekpa, BRGIE’s Prime Minister, has continued to be the pioneer of the Biafra separatist movement over the persistent marginalization and deprivation of the Southeast in the scheme of things in Nigeria.

BIAFRA NEWS : FG kicks against Kanu’s conditions for resumption of trial

 

The Federal Government has opposed the conditions submitted by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, for the resumption of his trial.

At the resumed hearing of the matter on Wednesday at the Federal High Court in Abuja, Kanu agreed to the acceleration of prosecution of the charges against him on the grounds that his conditions are met.

The IPOB leader, through his lead counsel, Aloy Ejimakor, listed three conditions that must be met before the trial could resume.   HOW TO MAKE MONEY ONLINE $5000. Learn how I went from $0 in affiliate income to over $5,000.000 per month. Are you a blogger but unsure of how to make money online? Or, maybe you've been blogging for awhile but haven't had much luck with affiliate marketing.

Among others, he demanded that the bail granted to the IPOB leader earlier be restored to enable him to prepare adequately for his defense.

He claimed that the bail was erroneously revoked based on false and fraudulent claims by the Federal Government.

Kanu also requested the setting aside of the arrest warrant issued against him based on the allegation by the federal government that he had jumped bail and escaped out of the country.

He also demanded that his lawyer must be permitted to have unhindered access to him as required by law and added that he would be willing to face an accelerated trial once the conditions are met.

The Federal Government, through its counsel, Chief Adegboyega Awomolo (SAN), asked the court to reject the conditions on the grounds that they are frivolous, vexatious, irritating, and baseless.

The senior lawyer argued that the court had earlier rejected the bail application and, as such, cannot overrule itself.

Awomolo argued that the only option open to Kanu is to go to the Court of Appeal to challenge the rejected bail request.

Meanwhile, further hearing is ongoing before Justice Binta Nyako.