It is over one full year running now since the 14th of September 2017, when the Nigerian army murderously invaded the palace of His Royal Majesty (HRM) Eze Israel Okwu-Kanu of Afara-ukwu Ibeku ancient kingdom, on the despotic directive of President Muhammadu Buhari. The army embarked on a killing spree of all sighted objects and captured the monarch, his wife and son, Mazi Nnamdi Kanu, the supreme leader of the Indigenous People of Biafra (IPOB), while the conspirational, disgusting and disappointing silence of the International and Domestic Human Rights Organisations held sway. Although, appreciation goes to Amnesty International which courageously stated that the Nigerian government must account for the disappearance of Mazi Nnamdi Kanu in the very nearest future.
One would have expected at this time that all human rights organisations within the Nigerian federation and elsewhere ought to have synergized and dragged Nigeria to court on whose directives the Nigerian army's callous and terroristic invasion of a private residence, which precipitated the abduction of Mazi Nnamdi Kanu and his aged parents. Up till date, they have remained incommunicado and their location, mysteriously unknown. These human rights groups both within and outside Nigeria, have maintained comfortable indifference in the face of gross human rights violations being steadily perpetrated by a lawless and terroristic government.
However, it is important to state here that if there is anyone or institution that must be held accountable for the predicament of the IPOB leader, Mazi Nnamdi Kanu and his parents since the 14th of September 2018, it should be Justice Binta Nyako of the Nigerian Federal High Court Abuja, who granted him (Nnamdi Kanu) bail under stringent requirements of incapacitation that totally stripped him of his right to his traveling documents. Added to the accomplices is the Nigerian legal institution known as National Judicial Council (NJC), upon which Justice Binta Nyako granted the most wicked, obnoxious and despicable bail under reference here without resort to professional caution. Recall that on the 25th of April 2017, Justice Binta Nyako presiding over the case preferred against Mazi Nnamdi Kanu by the Nigerian government, granted the most stringent bail in modern history with attached devilish conditions, which demanded that the defendant (Nnamdi Kanu) surrendered his traveling documents, with two of his international passports to the court registrar to forestall his bail jump.
Mazi Nnamdi Kanu living true to his conviction as a product of civilised society, duly consented to the despotic bail conditions presented before him. This he did for his respect to the rule of law. He perfectly continued obeying the requirements of the bail to the letter. Mazi Nnamdi Kanu was highly expecting his next appearance date in court on the 17th of October 2017, being the date fixed for the resumption of his trial. That legal process was blatantly truncated by the Nigerian army personnel armed to the teeth, armored tanks and aerial surveillance aircraft which simultaneously carried out a murderous raid in his residence, whisking him/his aged parents away to unknown destination and summarily gunning down all beings within the vicinity.
Listed beneath are established reasons why Justice Binta Nyako and the Nigeria Judicial Council (NJC), should be held responsible for the disappearance of Mazi Nnamdi Kanu and his parents since the 14th of September 2017, viz:
(1) COURT CONDITIONAL BAIL PROVIDES SECURITY TO DEFENDANT
Justice Binta Nyako and NJC should irrevocably be held responsible for trespasses around Mazi Nnamdi Kanu starting from 25th April 2017, when through draconian bail conditions, the court took custody of his international passports to prevent him from traveling out of Nigeria even in the face of danger of assassination attempt on his life. In civilised societies, the court is professionally bound to account for the security of Mazi Nnamdi Kanu based on the fact that his personal liberty has been stripped off him through a stringent bail.
From the 14th of November 2018, when the case bordering on his disappearance is supposed to resume, his legal counsels should pointedly tell the world that due to the failure of the court to live up to it's statutory obligation around the defendant, the army had unhindered impunity to trespass around him by murderously invading his home. Justice Binta Nyako as the presiding judge of the Federal High Court that granted him the bail, without requisite court professional pronouncements, forestalling any encroachment on his rights as a person. He remained the court's property pending the determination of the case Justice Binta Nyako is culpable in the saga that led to Nnamdi Kanu's ordeal.
That was the reason behind her emphatic warning before the open court that Benjamin Mmadubugwu, Chidiebere Onwudiwe, Bright Chimezie Ishinwa and David Nwawuisi, who are Nnamdi Kanu's co-accused/co-defendants, should be allowed to enjoy their bails without any external disturbances. She went to the extent of making a pronouncement on how their security should be, by fortnightly reporting their movements to the Commissioners of Police in their respective States confirming their required security. With this pronouncement on their day of bail, any trespass therefore from anybody, institution, organization or rumor relating to such, would have to be reported to the State's Police Commissioner of the defendant. But in the case involving Mazi Nnamdi Kanu, Justice Binta Nyako woefully failed either by willful design or by unintended omission, to make such a pronouncement leaving Mazi Nnamdi Kanu porously insecure. This is one of the reasons why the presiding judge must be held accountable over Mazi Nnamdi Kanu's ordeal.
(2) DERELICTION ON THE REPORT TENDERED TO THE COURT BY NNAMDI KANU'S LEGAL COUNSELS AND SURETIES
Justice Binta Nyako and the Nigeria Judicial Council (NJC) should be held responsible for the abduction of Mazi Nnamdi Kanu by the Nigerian army. This is due to Justice Binta Nyako's dereliction on the report tendered before her court by the legal counsels to Mazi Nnamdi Kanu along with his sureties on the 17th of October, 2017. It was stated that the Nigerian army backed by armored tanks and aerial surveillance aircraft, carried out a murderous raid in the compound of the defendant (Mazi Nnamdi Kanu) and ever since that "dark day", nobody has either seen him or heard from him till the very October date of 17, 2017. Unfortunately, in what appeared like a criminal conspiracy with the accused Nigerian army over the reason behind Kanu's inability to appear in court on the scheduled date, Justice Binta Nyako cynically winked at the report and continued to mount pressure on the sureties to produce the man they stood for or forfeit their bail bonds. By this singular derelict attitude of the presiding judge therefore, that the Nigerian army callously invaded the resources of the defendant whom the court duly granted bail, Justice Binta Nyako should be sacked by the Nigeria Judicial Council (NJC), for onward prosecution over her body language which implied her conspiracy with the military authorities to eliminate Mazi Nnamdi Kanu. If she is not an accomplice, she then has to call on either the Chief of Army Staff or the General Officer Commanding (GOC) 82 Division of the Nigerian army, Enugu, to fully explain what the army was doing within the residential vicinity of a man who was serving his bail. But the presiding judge whose consent may have been duly sought for the murderous raid, decided to play the comical game of ignorance of the provision of the law. It is most absurd that a professional legal pundit like Justice Binta Nyako, failed to know that her court would have detailed a delegation to the spot of event to take record on first hand information of the level of devastation wrecked in the compound by the unenlightened, terroristic army of Nigeria. This ought to have been done before changes could be effected in the compound as a result of ecological realities. She claimed to be ignorant of that position of the law. If on the 14th of November 2018, being the next court resumption date for the disappearance of Mazi Nnamdi Kanu and Justice Binta Nyako fails to initiate serious enquiry on what the mission of the Nigerian army was in his compound present whereabouts since 14th September 2018, then she should be held responsible for Mazi Nnamdi Kanu's disappearance.
(3) STRIPPED OF LIBERTY VIA COURT BAIL
Another reason why Justice Binta Nyako and NJC should be held accountable for Mazi Nnamdi Kanu's ordeal is because the court's stringent bail stripped him off his personal liberty through the seizure of his international passports and other valid traveling documents. If he was in custody of his papers, he would have escaped from Nigeria after the first attempt by the Nigerian State to assassinate him which was thwarted on Sunday 10th of September 2017, when some youths of his Afara-ukwu Ibeku community in Abia State within the palace, denied the army, unwarranted incursion into the residence with their presence. But because Mazi Nnamdi Kanu was completely castrated by the Nigeria Federal High Court as presided over by Justice Binta, seizing his international passports as part of conditions for bail which rendered him immigrationally impotent and instead of running away from the country to secure his life, he was rather seen hosting a press conference on Monday 11th September 2017. He clearly complained to the global community about the assassination plots of the Nigerian army against his life. Justice Binta Nyako should be held responsible for the attack on Nnamdi Kanu which eventually took place on Thursday 14th September 2017, wherein he was captured and kept incommunicado in a secretive custody.
Had it been that Mazi Nnamdi Kanu was with his international traveling documents, which guarantee his liberty to movements, he would have escaped from Nigeria on Monday 11th September 2017. He could have comfortably escaped to London or anywhere of his choice, reporting back to the court of the assassination plots targeted against his life by the Nigerian army amongst other court proceedings as may be determined if Nigeria guaranteed his security.
Conclusively, it is pertinent for Justice Binta Nyako to understand that her only self-extrication from accusation of criminal conspiracy against the accused whom she granted bail, is for her to unbiasedly and courageously summon the Nigerian army authorities to explain the following:
* Who authorized the deployment of the Nigerian army to invade and massacre quite a number of Biafrans at Nnamdi Kanu's residence and eventually whisked him away?
* Was Nnamdi Kanu indicted for committing any fresh crime against the Nigerian State?
* Was there any court pronouncement of revocation of his bail with any record of his resistance that warranted military intervention?
* Is the Nigerian army constitutionally obligated to invade the compound of an armless civilian in the first place as it was carried out against Nnamdi Kanu?
Where did the Nigerian military authorities keep him and his aged parents since the 14th of September 2017 when they were captured and taken away?
These are mind boggling questions that the Nigerian Federal High Court in Abuja presided over by Justice Binta Nyako must legally compel the Nigerian military authorities to proffer answers to under oath. They must be cross-examined before she could get herself totally exonerated from the culpability of Nnamdi Kanu's disappearance because Amnesty International has unmistakably stated that the Nigerian government must account for his disappearance at the fullness of time. The Nigeria Judicial Council (NJC) should note that Justice Binta Nyako represents the image of the Council and so must pressure her to jettison playing games with the report brought before her by Nnamdi Kanu's lawyers and sureties. Her persistent trifling with that damning report against the gruesome destruction and massacre at the home of defendant Nnamdi Kanu, by the Nigerian army becomes a blatant affront to the world's acceptable legal standards in the 21st century adjudication of the law. She and the Nigeria Judicial Council which she is professionally answerable to, should be readily prepared to render account as accomplices to the global community via Amnesty International amongst others. The world is waiting for the 14th November 2018 date when the case will resume hearing in the court, if the needful fails. All fingers remain crossed in anticipation.
We are observing!
Written by Mazi Onyebuchi Eze
Nigeria Judicial Council