By Okey Igwesi
The recent “no case SUBMISSIONS ” by Mazi Nnamdi Kanu in his recent defence after the sack of his lawyers and assumed personally to defend himself before his Lordship justice James Omotosho of the Abuja Federal High Court, should be seen as a well thought out plan and wise decision.!
His action should not only be seen as a welcome one in this direction, but a held view that his trial violates international legal norms. This is a fact that has further exposed , the inconsistency and corruption in our judicial legal system and the brute use of force by this government!
A court had in the past observed and ruled on this matter, discharging and acquited him, (MNK) of the charges ; yet , he is still held in detention for seven years on the same charges and on the case.!
Mandated by the Supreme Court ruling to still retry him on the same alleged criminal charges already dismissed in a court and bail granted by an Appeal Court.! Without obeying this order is baffling and very unfortunate!! This is a clear fact of no respect for the rule of law!
As noted by a previous court, that ; “the circumstances under which the suspect, MNK was extradited from Kenya without due process in international legal system to Nigeria, amounts to” “kidnapping”, and therefore, the trial cannot stand in law;”! His acquittal and discharge by a court on these changes , however, were seen as a welcomed development and a genuine route to peace !
His continuous detention on this same and very matter, up till now, however, and worst, against the bail granted to him by an Appeal Court , speak volumes of “a society without respect to their laws and human rights.! “
The appeal against this order by the government and the subsequent ruling by the Supreme Court that his case be further sent to a lower court for retrial ; to many, ” is another contradiction and unacceptable rule in law .!” .
Since the Supreme Court in their wisdom mainly ruled that this same case be retried without vacating , reference or comments on the contending issue of ; “kidnapping of this suspect ,from Kenya to Nigeria, a violation of international law on extradition of suspect”,,: the main and contending issue in this case, , it follows , that. MNK’s request to open a defence as being canvassed by some lawyers in this matter, will amount to his acceptance and endorsement of “an illegality of inconsistency in law: which; as a suspect , may be seen also as his endorsement of an illegal procedure and law against himself “! This is very unfortunate!
Social justice and fairness demand that MNK should be given a fair treatment like others. He is not the only person who has openly spoken or criticised the Social injustices in this country. Many terrorists who had held this country to ransome in the past and even killed many are today free. This, unfortunately, is a source of worry for many who have continued to see that of MNK as a total injustice.!
Those calling and advising him to open up a defence on this matter without recourse to how he was illegally brought to Nigeria in the first place for trial should know that his case can be linked to a scenario of ” trying a kidnapped victim in court , than his kidnappers ” ! This is the true and ugly situation many people are concerned and are asking : “what really is the offence of MNK, different from that of known terrorists freely moving about in the country today ?
Calling on MNK to change his mind and put up a defence against the charges that are assumed to be standing on “nothing and illegality” simply entails misguiding him to endorse an obnoxious legal court process !
The call is not only an evil,, but a ploy and wicked acts to lure him to accept the illegality that will robe him into a corner and rubbish him!!
By sacking his lawyers and personally assumed to defend himself and finally rest his case on ” a no case SUBMISSIONS ” must be seen as a technical decision to dislodge the plans of his enemies,, hence,:: ” “His quick action on:, “no case defence submission.! “
As it is now, the only option left for the government as prosecutor on this case, is simply ; political or diplomatic solution of safe return of MNK back to Kenya and enter formally a diplomatic negotiation with the Kenya’s government on how he could be repatriated legally back to Nigeria to answer the alleged”charges against him”: or to release him politically as in the case of many terrorists and drug barrons , recently granted state pardon by the president, Ahmed Tinubu .
Any ruling or other thing against this or contrary , will amount to injustice and judgment, from “a jungle which will never stand or allowed in a decent society under genuine rules of law and democracy!!”
OKEY IGWESI, Journalist/ public commentator.
English