DIWE TO PRESIDENT TINUBU - THE RULE OF LAW IS FAILING UNDER YOUR WATCH, RELEASE NNAMDI KANU

DIWE TO PRESIDENT TINUBU - THE RULE OF LAW IS FAILING UNDER YOUR WATCH, RELEASE NNAMDI KANU 

Chief Emeka Diwe, the President General of Association of Igbo Town Unions, (ASITU) has questioned the continued detention of Maazi Nnamdi Kanu, the leader of the Indigenous People of Biafra by Nigerian government, despite different court orders which have ordered his release, describing it as injustice against Ndigbo.

Kanu who is facing terrorism charges at the Federal High Court Abuja, has been in detention since he was repatriated to Nigeria, from Kenya in June 2021, under controversial circumstances. The Court of Appeal, Abuja, on October 13, 2022, ruled that Maazi Nnamdi Kanu was extraordinarily renditioned to Nigeria in violation of the country’s extradition treaty and breach of his fundamental human rights.

The court, therefore, struck out the terrorism charges filed against Maazi Kanu by the Nigerian government and ordered his release from the facility of the State Security Service. But the government is yet to obey the court order.

Nnamdi Kanu's legal team had argued that Kanu’s continued detention was illegal and without any court backing and that his right is being abused because he is of Igbo descendants and must suffer, notwithstanding what the law says.

In a chat with TBE Magazine Correspondent, Chief Emeka Diwe, the ASITU President General, lamented at the abuse of Nnamdi Kanu's rights, stating that the victimization and marginalization of Igbos in Nigeria must stop. 

"What we see these days are different application of the law towards different tribes, especially the Igbos. Omoyele Sowore and Sunday Igboho who had similar cases have been released. President Buhari, despite court orders, pleas and interventions from both local and international arenas, never obeyed the court rulings. I hope President Ahmed Bola Tinubu will not tow the same path".

"The strength of democracy is in the independence of the three arms of government, checks and balances. The joy of democracy is when the rule of law thrives. Inequality before the law is undemocratic and brings division".

"The way our judiciary has been handling Nnamdi Kanu's case and the constant neglect of court orders by the executive arm, have ridiculed Nigeria, internationally. On May 29, 2025, President Bola Tinubu will be two years in office. I remember that Mr President swore to uphold the rule of law, but Nnamdi Kanu whom the court had set free is still behind bars two years after. Ndigbo and Nigerians expect Maazi Nnamdi Kanu's release before May 29, 2025". Diwe said.

Justice A. O. Onovo of the Enugu State High Court, had in 2023 declared the proscription of the Indigenous People of Biafra as illegal, unconstitutional, null and void. In the judgement, he also ordered the defendants to pay Maazi Nnamdi Kanu N8bn damages and to tender a public apology to him through newspaper publications.

Meanwhile, Justice Binta Nyako of the Federal High Court, Abuja, has indefinitely adjourned the trial of Nnamdi Kanu after Kanu represented himself in the case. The decision, made on Monday follows Kanu’s insistence that Nyako cannot preside over his case, citing her previous recusal. Kanu had been ordered to appear for a hearing on Monday, February 10, 2025, before Justice Binta Nyako of the Federal High Court, Abuja.

Earlier in January, Kanu filed a petition against Justice Nyako before the National Judicial Council, accusing her of judicial misconduct in handling his trial. And days later, the IPOB leader called for his case to be transferred to the South-East if no judge at the Federal High Court in Abuja was willing to preside over it apart from Justice Binta Nyako.

At the commencement of proceedings, prosecuting lawyer, Adegboyega Awomolo (SAN), stated that the prosecution had filed and served all necessary documents and was ready to proceed with the trial. Responding, defence lawyer, Aloy Ejimakor, said the issue before the court was not about proceeding with the trial but Judge’s Recusal. At that point, Justice Nyako intervened, explaining that although she had earlier recused herself from the case, the court’s Chief Judge turned down her decision to withdraw. She directed that the defendant file a formal motion requesting the reassignment of the case to another judge.

While Awomolo and Ejimakor were debating whether a formal motion was necessary as directed by the Chief Judge, Kanu, who had been sitting quietly in the dock, suddenly interjected and demanded to be allowed to speak.

When asked by Justice Nyako whether he intended to take over the conduct of his case from his lawyer, Kanu responded: “Yes, I want to take over.”

The defendant proceeded to state that he only agreed to attend court out of respect for the judiciary. He argued that Justice Nyako no longer had jurisdiction over his trial, as she had previously recused herself in September of the previous year. Kanu, also turned 

 to the prosecuting lawyer, and told him point blank saying: “A grown-up man like you, who should be in the village and, who should be making sure that things are done properly, is here subverting the law.”

He then addressed the judge: “I don’t recognise the authority of this court to preside over my case. Everything you (the judge) said here is meaningless to me. Why is it that when it comes to my case, everything is turned upside-down?”

Kanu further argued that the memo sent by the Chief Judge, returning the case file to Justice Nyako, could not override the enrolled order made on September 24, when she initially recused herself.

Source; TBE Magazine