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Saturday, 8 April 2017

NNAMDI KANU VS NIGERIA GOVT: JUSTICE BINTA NYAKO, HANDS-OFF THE CASE NOW BECAUSE YOU ARE ALREADY CONFUSED

NNAMDI KANU VS NIGERIA GOVT: JUSTICE BINTA NYAKO, HANDS-OFF THE CASE NOW BECAUSE YOU ARE ALREADY CONFUSED

By Mazi Onyebuchi Eze
For Family Writers

Having studied the general body language of Justice Binta Nyako, the presiding Judge of the case of the frivolous and empty 5 count charges instituted against Mazi Nnamdi Kanu and other IPOB defendants by Nigeria government, on the trial under reference,  what is worthy of understanding is that the trial Judge is now in self-inflicted confusion. The said confusion of the trial Judge is because she refused to preside over the case from the stipulated judicial procedures known to Nigeria domestic judicial laws.

Nigeria domestic judicial laws stipulated openly that an accused persons whose prosecutor has not provided satisfiable exhibits to court that he or she is a terrorism suspect, is entitle to bail on the ground of the following reasons:

(1) To enable the accused person who has equal right with the plaintiff before the court to go home & prepare for his defense.

(2) So that the damages which the plaintiff may pay as compensation or restitution may not be overwhelming should the accused person be found innocent after trial.

(3) The accused person can be granted bail if such person is as popular as the Supreme leader of Indigenous People of Biafra (IPOB) on the ground of self-recognition because a popular person like NNAMDI KANU can no longer hide anywhere in the world.

(4) An accused person can be granted bail if the accused person travelling documents including his Int'l passports have been seized as in case of Mazi Kanu.

However, a supposed learned Judge mounting judicial podium in Federal High Court of Nigeria pretending ignorance to this judicial interpretation which is glaring before the world. On the issue of the prayer for the obnoxious secret trial made by prosecutor and granted by same trial Judge, which is raising dust at the moment and being used to buy more time for Nigeria government as the unsubstantiated case is now holding it to its jugular, it is good to know that Justice Binta Nyako would have vacated her initial grant of secret trial as soon as she quashed the 6 counts of charges which contained the minor terrorism frame-up allegation on the account of Prima Facie ruling on 20/3/2017, but she did not do so. All these judicial recklessness from Justice Binta Nyako has made me begin to hold an opinion that Justice Binta Nyako is not educated enough to serve as a Judge in Nigeria.

Can somebody explain the rationale behind a trial Judge telling a defendant that his reaction over court's refusal to order the plaintiff to return his confiscated cars should be why the accused will remain in custody, as Binta Nyako told Benjamin Madubugwu on April 6, 2017? Does it mean that the trial Judge has sentenced the defendant in prison indefinitely using powers vested on the court as her personal property?

It is on this ground that I hereby once again call on Justice Binta Nyako to honourably hands-off this case before she is disgraced in the open court. If Justice Binta Nyako refuses to hand-off this case as she has ignorantly or overzealously messed up the case, I hereby called on the MOTHER JUSTICE in the realm to designate her an anathema for desecrating the judicial altar with injustice. Watch out and see the waterloo of the clueless Judge soonest, as the hammer of MOTHER JUSTICE will fall on her just as her pay-master who has gone in forever and can never come back.

I also call on the IPOB defense lawyers led by Hon Ifeanyi Ejiofor to vehemently stand that the trial Judge must vacate the Secret trial ruling or hit the exit door out of the case because no defendant is presently answerable to any terrorism charges any more. Let the IPOB defense lawyers never allow the intimidation and lawless roarings of the trial Judge make them ever feel intimidated before the clueless Judge. In the judicial procedures, it is always where the right and powers of the trial Judge ends is where the right and powers of a defense lawyer begins.  Nobody whether trial Judge, prosecutor or defense lawyer should ever think he or she is the monopoly or island of powers.

I am giving these analyses to encourage IPOB lawyers to understand that in judicial process, they have powers as members of NBA to give a matching order to the trial to vacate the initial ruling under reference or hit exit door out of the trial or her excesses will be compiled & be reported to NJC. IPOB lawyers should fear nothing at this time when the knees of both the trial Judge & the prosecutor are knocking due to their conspiracy which is already leaking. Nobody will ban them or walk them out of court unless if they become deviant to court procedures.

All I saw from the court sitting of 6/4/2017 is a confused trial Judge thinking towards the exit door out of the trial because blackmail on her is not allowing her to go according to her judicial oath of office. I rest my case!

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