PREJUDICATION : Bail Denied To Nnamdi Kanu Tells The Extent Nigeria Judicial System Is Executive-Driven

PREJUDICATION : Bail Denied To Nnamdi Kanu Tells The Extent Nigeria Judicial System Is Executive-Driven The 'principle of separation of ...

PREJUDICATION : Bail Denied To Nnamdi Kanu Tells The Extent Nigeria Judicial System Is Executive-Driven

The 'principle of separation of power' refers to the division of government responsibilities into distinct branches, to limit any one branch from accumulating power and ensure checks and balances. It has been one of the best coordinative government principle, affordable in a functioning democratic society!

We all know that power intoxicates, and absolute power corrupts. A functioning democracy is powered by a constitution: written or unwritten. A people’s constitution obtained through a plebiscite or referendum. The three arms of government – the legislature, judiciary and executive have well defined roles, devoid of conflict and unambiguous to the layman. The people’s assembly make laws for the judiciary to interpret, while the executive enforce the law made by the people’s assembly and interpreted by the court. Anything outside of these is a dropping from the roof, a blatant erasure of collective leadership and a nosedive into dictatorship and chaos. There is never any function like protection of the executive wish, desire or interest, etc. Independence of the separate branches is the bedrock of democracy, otherwise what we have is a bedlam!

But the Nigerian judiciary has proven otherwise with their latest misinterpretation of the Nigerian law in the judgement against Mazi Nnamdi Kanu, the leader of the Indigenous People Of Biafra(IPOB) (who unfortunately was kidnapped (extraordinary rendition) by the Nigerian government from Kenya, against international law on extradition).

Recall that on the 26th of June, 2022, Nigerian president, retired Major-General Mohamed Buhari stated, quote: “He felt very safe in Britain and said awful things against Nigeria. We eventually got him when he stepped out of the United Kingdom, and we sent him to court. Let him defend all that he said there.” Continuing, he displayed his total disregard for a court judgement by falsely claiming that, quote: "considering Kanu’s jumping of bail earlier, the Federal Government may not consider granting him such a privilege anymore."  “Remember he jumped bail before, how are we sure he won’t do it again if he’s admitted to bail?”

Remember that a subsisting court verdict has awarded 1 billion naira damage to Nnamdi Kanu for the military invasion of his house that was intended to kill him, according to the court documents. Yet, the Major General Buhari's statement was affirmed on 28th June 2022 when justice Binta Nyako denied Mazi Nnamdi Kanu bail again, on the erroneous basis that they had revoked his bail on March 28, 2019 ( as she claimed ignorance of the attack by the Nigerian army on the country home of Mazi Nnamdi Kanu on September 14, 2017, which led to the murder of more than 28 civilians). 

A pretentious ignorance of the suit filed in April 1, 2019 challenging the revocation of Mazi Kanu’s bail and a most recent ruling by the Honourable Justice Benson Anya on January 19, 2022 declaring the invasion of Nnamdi Kanu’s home as unlawful, and at the same time quashing the notion of “jumping bail”. All thess makes everything suspicious, showcases a rubber-stamp court, and a Judge conditioned to taking any high Buhari's commands.

It is now also very obvious that the Nigerian President , General Muhammadu Buhari (rtd) doubles as a judge and a jury in a case he is prosecuting. This goes ahead to show that the Nigerian judiciary is controlled by the executive. It is, therefore, incumbent on the relevant international bodies to step up and do the needful. Nature abhors vacuum and the present state of Nigeria judiciary is an invitation to anarchy!

Written by Onyemachi Gabriel

Edited by Chibueze Daniel

For Family Writers Press International.