Biafra: Nnamdi Kanu's Bail Conditions, Another Prison in Disguise




April 25, 2017

As slated yesterday, the leader of the Indigenous People Of Biafra appeared at the Federal High Court today 25th day of April 2017, together with the other co-accused persons: Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe.

Yesterday was slated for two (2) rulings:
(1) The court's ruling on bail application.
(2) The court's ruling on application seeking an order of court to review and consequently vacate it's earlier order for secret trial.

Rulings on both applications were delivered accordingly. Firstly, the court granted Nnamdi Kanu bail on the following conditions:

(1) That he will provide four  (4) sureties who will undertake to deposit the sum of one hundred million naira each.

(2) That one of the sureties must be a highly placed politician in the  likes of a Senator.

(3) That one of the sureties must be a notable religious leader of the faith and religion of Nnamdi Kanu.

(4) That one of the sureties must be a resident of Abuja who also owns a landed property within the Federal Capital Territory.

(5) That Nnamdi Kanu must deposit his British and Nigerian passport with the court.

(6)That his defence must file a monthly report on his health medication to the court throughout the pendency of the trial.


After setting out the aforementioned conditions, Justice Binta Nyako went further to state (not forming part of the conditions precedent )  thus:

(1) That Nnamdi Kanu shall not organize or coordinate any form of rally.

(2) That he will not grant any interviews with respect to the ongoing trial.

(3) That he will not be sighted in a gathering or assembly of persons exceeding ten (10) in number.

Note: The last three conditions do not form part of the written ruling but orally stated; and does not form part of the written ruling. In essence, if he violates any of them, the bail will not be revoked. This also implies that he will not be rearrested if he does any of the those conditions subsequent.

REVIEW OF BAIL CONDITIONS:

The last three (3) conditions pose a riotous and terror attack on the fundamental rights of Nnamdi Kanu as reflected in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria.

Viz:
(1) His right to freedom of thought and religion as enshrined in SECTION 38 is adversely affected and impugned by virtue of the last conditions.
If Justice Binta Nyako orders that Nnamdi Kanu should not be in a gathering of more than ten (10) persons, it posits that he is invariably prevented from going to church and participating in other religious activities forming part of his fundamental rights.

2) His right to freedom of expression as protected by Section 39 of the Constitution of the Federal Republic of Nigeria 1999 is also unceremoniously violated by the order of the court, in that, the order implies that Nnamdi Kanu cannot express his opinion to the wider public in a matter directly affecting his person and cannot also communicate his horrible experiences in Nigeria's slaughter slams called prison.


(3) His right to freedom of Assembly as guaranteed by Section 40 of the 1999 Constitution of the Federal Republic of Nigeria is also breached by reason of the said condition. In that the condition most blatantly violates his right to participate in a lawful assembly which the constitution most jealously guards.

(4) His right to freedom of movement as protected by Section 41 of the Constitution of the Federal Republic of Nigeria 1999 is violated by the said condition as it is reflective of the condition that the right of Nnamdi Kanu in this respect has been injudiciously restricted by reason of the last three conditions.

If all these bail conditions should stand, it is better deduced that Nnamdi Kanu was denied bail and has been granted an access to his home to eat and sleep only, and without entertaining more than ten (10) of his relatives at each point in time. This indeed is "adversus bonus moress" (against good morals). The only reasonable conclusion is that the grant of bail in this circumstance was exercised in total violation of another four rights which Nnamdi Kanu is entitled to.

Read also:Biafra: Nnamdi Kanu has proven truth cannot be extinguished – IPOB

As frivolous as the conditions contained in the written ruling may be, and which constitute the  conditions precedent for the actual release of Nnamdi Kanu, it will be effortless met.

Nnamdi Kanu is a man of international repute and many dignitaries are willing to be accorded the honour of standing in for him in perfection of his bail conditions. The great and favourable development is that Nnamdi Kanu has been granted bail basically on the ground of his health.

SECRET TRAIL:

On the second ruling of the court, the application to set aside the order for secret trial, the court refused the application and held that the prosecution witnesses that are security operatives shall testify on screen or masked.

On this, the defence counsel has confidently assured Biafrans around the world that efforts to conduct secret trial on Nnamdi Kanu's case will be resisted and vehemently opposed.

Read also:Biafra: There’s Nothing Good About Unity in Diversity Of Nigeria — Biafra Writers fires back at Osinbajo

CO-ACCUSED PERSONS:

The court refused to admit the bail application of Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe.

DIGNITARIES AT COURT:

Present in court to stand in solidarity with Nnamdi Kanu include: The present governor of Ekiti State and former Minister of Aviation, Governor Ayodele Fayose; another former Minister of Aviation, Hon. Femi Fani-Kayode; children between the ages of 5-9 from Biafra, many traditional rulers from Ijaw, Ogoni, Agbo, Ikwere and Efik; international journalists and human rights bodies.

CELEBRATIONS:

At the break of this news, report gathered that celebrations erupted at Onitsha, Enugu, Aba, Umuahia, Otukpo Benue State, Owerri, Agbo, Asaba and Igweocha.

Biafra indeed, is indestructible!

By Michael O. Ogobuchi  ESQ.
Edited by Somuadila Ugwummadu
Published By Nwosu C.S
For Biafra Writers

you might also like

Home

No comments:

Post a Comment

Nnamdi Kanu