From Stanley Uzoaru, Owerri
The Indigenous People of Biafra (IPOB) has reminded the Nigerian judiciary of the implications of not adhering to fair trial of its leader, Mazi Nnamdi Kanu.
Spokesperson of the group, Emma Powerful, in a statement, noted that the judiciary should be wary of the Kenyan court verdict as it continues its trial of Kanu.
“However, at this pivotal juncture in the political and legal persecution of our leader, Mazi Nnamdi Kanu, it is necessary to remind the bench, particularly the Court of Justice Omotosho that the world is watching.
“With the recent courageous judgment of the Kenyan High Court declaring Mazi Nnamdi Kanu’s abduction and extraordinary rendition illegal under Kenyan and international law, there is now a renewed global spotlight on how this case is being conducted in Nigeria.
“The elephant in the room, which the Federal Government and its legal agents desperately avoid addressing, is this: how did Mazi Nnamdi Kanu come to be before a Federal High Court in Abuja for alleged offences purportedly committed in the United Kingdom and Kenya?
“The fundamental doctrine of double criminality enshrined in Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022 strips this court of jurisdiction unless the Nigerian government can establish, through the competent court in Kenya, that the said offences are also crimes under Kenyan law.
“This is the legal threshold that must be crossed before Justice Omotosho can even contemplate entertaining the substance of the so-called charges.
“Instead, we are confronted with a judicial absurdity, one that calls into question the integrity of Nigeria’s legal system. A man abducted at gunpoint, tortured and smuggled into Nigeria in blatant violation of local and international law is now expected to answer to charges before a court that refuses to ask the only question that matters: by what law and process did he get here? Powerful queried.
He continued: “Attempt to lean on the Supreme Court’s controversial ruling, which remitted the matter to the High Court, is a constitutional dead end.
“The Nigerian public and international legal community must now ask: On what Nigerian law did those justices base their decision that condones cross-border criminal abduction and torture? None. The truth is, no law in Nigeria supports abduction from foreign jurisdictions and forced presentation before a court without recourse to extradition or the satisfaction of the double criminality requirement.
“Let us remind this nation of the case of Mohammed Dikko, kidnapped from Niger Republic and renditioned to Nigeria in violation of due process. In a ruling that still stands as a locus classicus, the Supreme Court of Nigeria held that no one should be kidnapped abroad and brought before a Nigerian court to face trial.
“It is astonishing that Justice Mohammed Garba Lawal, in his lead judgment, claimed no such law exists ignoring both precedent and the black letter of Section 76 of the 2022 Terrorism Act.
“Are we now to conclude that the Nigerian Supreme Court no longer reads its own judgments? Or that it has abdicated its duty to uphold the Constitution and international legal norms?
“The answer is clear: this trial is built on nothing but lawlessness. And as Lord Denning famously said, ‘You cannot put something on nothing and expect it to stand.’ If the Nigerian government cannot produce a Kenyan court ruling confirming that the alleged offences are indeed crimes in Kenya, then Justice Omotosho’s court has no jurisdiction and must decline to proceed further.
“We are not unaware of the pressure the state may attempt to exert on this honourable court. But let it be said clearly and without equivocation: if this travesty of justice continues, the same international infamy that dogs the name of Justice Binta Nyako shall now stain the court of Justice Omotosho, a fate nobody desires, for we recognise Justice Omotosho as a fair and learned judge. But, fairness must be rooted in courage and fidelity to the law.
“The question to the Nigerian bench and bar is this: Can illegality give birth to legality? Can abduction, torture, and rendition produce a lawful trial? Can the Nigerian judiciary continue to break its own laws just to silence one man?
“There is only one lawful outcome: terminate this politically motivated trial and release Mazi Nnamdi Kanu immediately. Anything less is a miscarriage of justice, a breach of international law and a stain on the robe of the judiciary.”
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