Issue #25
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As always, it’s good to have you again. It has been a hectic week for us at the Soft Pallet. Everyone is looking forward to the weekend. Shall we?
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Let’s take a look at politics and legal cases today. We’ll look at Nnamdi Kanu’s fate as the court adjourns to February 19th.
Nnamdi Kanu: Abia High Court Judgment and Kanu’s Fate as Case Adjourns to Feb 19th
The High Court of Abia State on Wednesday awarded N1 billion against the Nigerian government for violation of the fundamental human rights of the acclaimed leader of the proscribed, Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu including the illegal invasion of his country home in Afara Ukwu, Umuahia North L.G.A of the State in September 2017 by the military.
The Judgment
The trial judge, Benson Anya condemned the invasion of Kanu’s family house by the military and described it as “notorious and brazen.” In his judgment, he awarded N1 billion in damage against the government and ordered the FG to apologize to Kanu for the trauma he has been subjected to.
The judge, however, struck out Kanu’s prayers to declare his repatriation from Kenya and continued detention by the DSS illegal, rather he suggested to the authorities to explore political alternatives in resolving the issues of his extradition, detention, and the ongoing 15 counts amended trial.
Kanu, in the suit, had sought N5 billion compensation and apology from the government and urged the court to declare that the invasion of his home in September 2017 by the Nigerian military was illegal, unlawful, unconstitutional, and amounts to infringement of his fundamental rights to life, the dignity of his person, his personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights. The Guardian reported.
Meanwhile, the IPOB leader has asked the Federal High Court, Abuja to discharge and acquit him of the 15-count criminal charges, which the Federal Government preferred against him.
Kanu rejected the charges during his arraignment in court on Wednesday, arguing that they were defective and have no force of law.
Besides the alleged defectiveness of the charges, he said the offenses brought against him were committed in the United Kingdom (UK) outside the shores of Nigeria and pleaded not guilty to the charges.
Kanu’s lead counsel, Mike Ozekhome (SAN) has objected to the commencement of trial, adding that his client had filed two motions on notice on the validity of the charges and a bail application.
Ozekhome said the two motions were fundamental because one of them challenged the competence of the charges and should first be resolved, adding that Kanu desired to be discharged and acquitted without standing trial because the charges were defective. Appropriately to the court judgment that indicted it for violating the fundamental human rights of Kanu after studying the judgment.
He argued that the second motion, which sought fresh bail for Kanu, was filed on Tuesday, January 18, 2022, and served on the prosecution on Wednesday, January 19, 2022, and therefore, not ripe for hearing.
In her ruling, Justice Nyako agreed with Ozekhome to first determine the motion challenging the validity of the charges and fixed February 16, 2022, for the parties to return to court and adopt their processes for and against the motion at 12:00 noon.
Apparently, the questions on everyone’s lips have been if the government would honor the judgment and to what extent the judgment will affect the outcome of the 15 counts of amended terrorism charges that the government has brought against Kanu before Justice Nyako Federal High court in Abuja.
Whichever way it pounds out it would surely be “A Long Walk To Freedom” to the people of the South East who are the double victims in this drama.
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This brief was put together while listening to Scorpio Flow by M.anifest.
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This brief was written by Blessed Frank and edited by Sybil Okubo Fekurumoh.