IPOB: Justice Binta, Prevail Over Buhari's Tyranny, Quash Other Charges Sustained Against Kanu

March 05, 2017
By Ogu Edozie Williams

Dispensing justice in a country where the Executive usurps the affairs of its Judiciary, I must say, is not altogether an easy task to do because the Executive's pressures will be descending on the judge with both threats and blackmail.

It takes selflessness, fearlessness and unflinching integrity to stand one's ground and remain the last hope of the common man when the embers of executive outrage are unleased against the judiciary as was seen recently in the illegal raids on judges in the Nigerian state carried out by the Executive  (DSS).

Nigeria is a jungle which exists as a country by abusing and truncating every legal process and rule of law found in its constitution, instead of upholding them.

Although Nigeria's public office holders may swear the oath of office, declaring their readiness to adhere to the rule of law and obedience to constituted authorities, yet it's more of mouth oath and not driven by any atom of genuineness.

One of such public office holders who abuses the rule of law is Muhamadu Buhari, the number one assumed citizen of Nigeria.
He tramples on anybody or any due process which stands against his selfish interest in the country.

Muhamadu Buhari is well known for his unlawful approaches to issues and his flagrant disobedience to constituted authorities. These have pictured him before the public as a dictator, a characteristic seen now as inherent as he does not want to change it.

Following his lawless approaches in achieving his selfish political ends, he truncated a democratically constituted government of Shehu Shagari on 31st December, 1983 with the power of guns and bullets, which crime he was never tried till date yet he is the assumed democratic president of the government he once fought. This actually shows what is obtainable in Nigeria.

When he started discharging his dictatorial functions as the Head of State, he abused the rule of law. He committed so many atrocities which are at the public domain. He enacted laws and used them to condemn citizens when their alleged crimes were committed prior to the enactment of the laws. He neglected and in most occasions boycotted the courts and their injunctions as he believed and still holds that the court is a waste of time. And if he has his way now, he will boycott the court.

Buhari, in the guise of fighting corruption during his reign, arranged, on 5th July, 1984, kidnappers (allegedly from Israel) who went to London to bundle Umaru Dikko down to Nigeria. Umaru Dikko was the Minister of Transportation in the regime of Shehu Shagari, before the military coup of Buhari. Buhari alleged that Dikko enriched himself using his position and must be jailed by all means including contempt to diplomatic rule of extradition. But his plot failed.

Buhari does not show any regard for constituted authorities as he refused to appear before Oputa Panel set by the government of Chief Olusegun Obasanjo. In 2001, when he was asked to appear before the Human Rights Violation Investigations Commission (HRVIC), Buhari refused, positing that the law establishing the panel be reviewed.

During the time of Buhari as the PTF chairman, the sum of N25 billion disappeared from the coffers of PTF. Haroun Adamu Report on PTF indicted Buhari. The indictment of Buhari on the issue of corruption against which he has been claiming to be spotless is a slap on his face. But did Buhari account for the fund? The answer is NO. He had his way.

Also, Buhari, desperate to become the president of Nigeria, forged WAEC certificate, and when he was challenged in court by a lawyer, Nnamdi by name, threatened him. Instead of providing his certificate as ordered by the court, he, not only hired more 13 SANs( Senior Advocates of Nigeria ) to defend him but also intimidated the judge and the lawyer, silencing the case with a bribe.

Buhari has equally refused to obey courts' orders granting Nnamdi Kanu and Col. Dasuki freedom.

Buhari had once seen and possibly still sees the judiciary as a waste of time hence he finds it easy and comfortable disobeying its injunctions.

The recent cloud of uncertainty surrounding his health status tells more of who Buhari is.

Having viewed the person of Buhari who is the Head of State, and seen that he always wants to have his way, there is no doubt that the Buhari factor is a great determinant of judges' decisions on cases of interest to Buhari, one of which is Nnamdi Kanu's.

But there is a way out for Justice Binta Nyako because Nnamdi Kanu's case in the court of Binta is a major determinant of the trajectory of Binta's career before the international community as all eyes are on her.

This way out for Justice Binta is a combination of integrity and adherence to the rule of law.

Williams
She needs to revisit her integrity, weighing it in the balance of the confidence Nigerians had in her before deeming her worthy to judge cases at the federal level in the Nigerian state. And if it has been rendered ineffective by the likes of Buhari, it is mandatory she fortifies it before 20th of March, 2017, as she gets set to resist Buhari's Pressure.

Having fortified her integrity, Justice Binta Nyako should follow the rule of law and then look closely to the remaining charges she sustained against Nnamdi Kanu.

In one of which charges, Nnamdi Kanu was accused of defaming Muhamadu Buhari on the 24th of April, 2015, at which time Buhari had not assumed the office of the president of the Nigerian state and therefore couldn't have been defamed as the president of Nigeria,  which maps out the charge as one of those to be quashed.

Justice Binta Nyako should equally peruse the Administration of Criminal Justice Act of 2015 (ACJA-2015) and critically Section-196(1) which requires that every charge must include the date, year, and location of the commission of the offense for which the accused is being charged.

She should also study Section-43 of CAP-C38 which requires that an accused person is no longer triable for treason and related felonies after two years from the stated date of commission of the offense.

Then she should proceed to meticulously check for the date and month of the commission of the offence of treasonable felony related charges concocted by DSS against Nnamdi Kanu. If there are no dates and months, she should quash the charge as well according to the law provided.

With the above, Justice Binta Nyako will be able to dispense justice without fear nor favour.

Therefore, let the law prevail over Buhari's tyranny. Let the court remain the last hope of the persecuted, the oppressed and the common man.

Edited & Published
By IPOB Writers
Twitter: @ipob_writers
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