Nnamdi Kanu: Does Nigerian Constitution Still Guarantee The Independence Of The Judiciary?
The 13th October 2022 Appellate Court order that discharged and acquitted Mazi Nnamdi Kanu of all allegations charged against him by Nigerian government has set off widespread discussions about the rule of law in Nigeria.
Court of Appeal, Abuja judicial division, in its erudite judgement delivered on the above mentioned date, discharged and acquitted the leader of Indigenous People Of Biafra(IPOB) of all the remaining 8-Count amended charges preferred against him.
“The landmark judgement of the court consequently directed for his unconditional release, and further prohibited the Federal Government of Nigeria from further detention of the IPOB leader. The Court went further to rule that Kanu should not again be presented for trial on any indictment or offence whatsoever before any court in Nigeria.” But it is entirely unfortunate that the Federal Government Of Nigeria have remorselssly violeted the orders of its own court.
As a result, many argues that the government's refusal to release Mazi Nnamdi Kanu, despite the court order, is a clear violation of the rule of law and a threat to Nigeria's democracy. And, noting that the Nigerian constitution guarantees the independence of the judiciary, and the government is obligated to obey court orders as failure to do so undermines the judiciary's independence, weakens the rule of law, and ultimately leads to impunity, such arguments may not be far from the truth.,
Moreso, the continued detention of Mazi Nnamdi Kanu despite the court order, goes against the 'principle of presumption of innocence until proven guilty'. As it stands, Mazi Nnamdi Kanu has not been found guilty of any crime, and his continued detention is a violation of his fundamental human rights.
The Nigeria government should, therefore, obey the court order and release Mazi Nnamdi Kanu unconditionally. This would show the world that Nigeria is a country that respects the rule of law and the fundamental human rights of its citizens.
Indeed, Nigeria government's refusal to obey the court order that discharged and acquitted Mazi Nnamdi Kanu unconditionally of all allegations brought against him before the Nigerian Court of Appeal is a violation of the rule of law and a threat to Nigeria's democracy. The government should prove that they still guarantee the hope of the common man - the judiciary, by respect the judiciary's independence, obeying the court orders and release Mazi Nnamdi Kanu unconditionally as directed.
Written by Obulose Chidiebere
Edited by Ogah C S Maduabuchi
For Family Writers Press International
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