Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has taken his case to the Nigerian Bar Association (NBA), wondering why the body would be watching from the sidelines as judges engage in gross misconducts and violations the Nigerian constitution through sheer impunity.
The IPOB boss, who has been in detention facility of the Department of State Services (DSS), since 2021, when he was brought back from Kenya in what has been described as not only forceful manner but rendition by his lawyers, claimed that his constitutional rights, had been brutally attacked by the Nigerian authorities.
Conveying his misgivings to the Afam Osigwe, President of the lawyers’ body via a petition dated August 18, Kanu, wrote: “This is not merely a letter of a persecuted man; it is a bill of indictment against a segment of the Nigerian judiciary that has, in my case, converted courts of law into arenas of impunity.
Specifically fingering Binta Nyako, of the Federal High Court, Haruna Tsammani, former justice of the Court of Appeal, and Garba Mohammed Lawal of the Supreme Court, as some the culprits, he reminded the lawyers of how Nyako remanded him illegally without fair hearing, contrary to section 293 (1) of the Administration of Criminal Justice Act (ACJA) 2015 and section 36 (1) of the constitution.
For the judge, who had since recused herself from his case after she was accused of bias to have failed to inquire into his absence from trial in 2017 after the Nigerian Army allegedly invaded his home in Abia state — an incident he claimed forced him into exile, only to go ahead to order his remand, he said it showed how his traducers used her to achieve their aims.
He added: “I deposed to this fact in an affidavit from Israel where I had sought safety. Justice Nyako refused to inquire into it. Justice Tsammani’s panel then granted a stay of execution on this criminal discharge — an aberration unknown to law. This device detained me 14 months without charge — a direct assault on Section 36 (1) CFRN and Article 7 African Charter. A discharge on ground of want of jurisdiction is as good as an acquittal.
“The Supreme Court itself, Court of Appeal of Nigeria (which discharged me), the Federal High Court (which declared my extraordinary rendition illegal), the Kenyan High Court, UN Special Rapporteur opinions, and the United Nations Working Group on Arbitrary Detention (UNWGAD) have confirmed that I was abducted, tortured, and extraordinarily-renditioned from Kenya in violation of domestic and international law.
“I urge the NBA to investigate Justices Binta Nyako, Haruna Tsammani, and Garba Lawal for gross judicial misconduct. Publish a report condemning use of civil procedures to subvert criminal law, and the resurrection of repealed statutes.
“This case is not only about me. It is about whether Nigeria’s judiciary is bound by law or by impunity. The Constitution, statutes, and international treaties have all been shredded. The Bar cannot be silent. He who is silent is taken to agree. Silence now would make the NBA complicit in the erosion of Nigeria’s legal foundations.”