Interview Reveals Tinubu Holds Nnamdi Kanu – Lawyer, Ejimako
Comment
The leader of the outlawed Indigenous People of Biafra, or IPOB, Mazi Nnamdi Kanu, failed his attempt to be released from the Department of State Services’ (DSS) custody on Tuesday. Instead, the seven-count terrorism allegation that was presented against Kanu was given an expedited hearing by the sitting court, Justice Binta Nyako.
In an exclusive conversation with XK NEWS reporters, his attorney, Aloy Ejimakor: Soon after the court hearing, OWEN NWACHUKWU and FRANCIS UGWU accused President Bola Tinubu of being responsible for Kanu’s ongoing detention. He expresses his complete unhappiness with the court’s ruling, the next plan, and other matters. Take-outs:
Could you please let us know what you plan to do after the court judgment from today (Tuesday)?
There is always a legal window in a judicial deadlock. We spoke about those legal windows as our possibilities for this evening. Speaking about the two applications we want to submit for consideration on the next postponed date of April 17, we have grounds to think they have some value. By bringing up the subject issue, I don’t wish to put the court at fault. No. However, keep in mind that your judicial correspondent will likely receive a copy of the application as soon as it is brought, and it will be publicized so that the public may learn about it.
Having said that, what we saw today shocked us because it showed that, even in this day and age, justice may be suspended for something as trivial as granting bail. According to Section 35, everyone in Nigeria is eligible for bail. The burden of proving why the bail shouldn’t be granted is with the government. There could be further needs in this case of Mazi Nnamdi Kanu to thwart the Administration of Criminal Justice Act, section 162, which requires us to provide proof of extraordinary circumstances, which we did.
First, there was his poor health; second, there was the excessive delay in the case’s trial; and third, the goalposts were changed from treasonable crime. Treasonable felonies are no longer a thing. We have instances pertaining to terrorism. Thus, there have been a few unbearable delays on the part of the administration. These are the items to take into account.
As you are aware, Nnamdi Kanu also won, as of December 15, when the Supreme Court denied the appeal. However, this was not reported by the media, with the possible exception of XK NEWS. That was a win since the Supreme Court upheld the decision to revoke his bail. It said that the trial court, or Binta Nyako, had to have considered his testimony that he was forced to from his house due to an attack, which did not constitute a bail jumping incident.
Furthermore, a state court in Umuahia granted him a judgment of N1b. Thus, the Supreme Court gave him a lot of favorable publicity. We are therefore shocked beyond belief that, despite the fact that the court received certified true copies of this ruling directly from the Supreme Court and that we provided the judge with true copies of the ruling as an exhibit for our bail application, the judge was unaware that the judgment had ever been read until today in court.
Thus, while we were telling her what the Supreme Court had to say about Nnamdi Kanu not violating his bail conditions—the court even went so far as to express doubts about the judge’s objectivity. I count it a blessing that she let me enter that verdict into the documents today. Maybe she didn’t trust me. It was really embarrassing for me to read it in front of the court. We never wanted to publicly discuss these issues. We don’t want to incite conflict in a situation when a judge’s discretion is justified and we have an application for bail.
Thus, this is a give-and-take situation. I believe that by not bringing up these points the Supreme Court stated, we done the judge justice. We deliberately chose not to do that as bail is ultimately a discretionary measure. We felt that our argument had a lot of validity, therefore we didn’t want to argue with the court needlessly about that. We didn’t require an unfavorable setting that may taint the case, make it vulnerable, or put us at a disadvantage.
These items needed to be released right now, even though strategically they were kept from the media. The Federal High Court of Nigeria overruled the Supreme Court of Nigeria, and Nigerians must realize this. The Supreme Court had provided her with the option of upholding its ruling and restoring Mazi Nnamdi Kanu’s bail, but she chose not to do so.
Second, she rejected our application, citing concerns about carrying on with the trial in a setting where Nnamdi Kanu is expected to get a fair trial.
Every Nigerian citizen is usually entitled to sufficient facilities to defend themselves under the criminal justice system, according to section 36 of the constitution. In order to prepare his case, he also has the right to counsel. It’s an essential freedom. It is unalienable because it upholds one of the fundamental principles of the criminal justice system, namely hearing all sides of the story. You can’t choose just one side. In certain instances, attorneys and even courts refer to it as equality of arms. It is not acceptable to bind a defendant’s hands behind his back and claim that the conviction was valid. Simply put, you’re doing it incorrectly. It is unfair. The constitution forbids you from doing that because it is wicked and sinful.
We informed the lord that the DSS gets in the way every time we meet with our client to get ready for his case. They don’t provide us total seclusion. In the cell where we sit with our customer, they have put listening devices, audio graphics, and visual graphics, and they are listening to what we say. They grab our documents, photocopy them, and forbid us from taking notes.
We thus contended that there is no capacity to defend him in such a setting. Additionally, they occasionally deny access to him to all lawyers who request to visit him. And according to the constitution, you are not allowed to deny someone access in that way. We therefore said to the lord, “You cannot do that.” This trial cannot continue in current conditions. However, she declared that the trial will proceed. We’re refusing. We’re contemplating the new windows we’ve been discussing while also taking appeals into account.
What new legal windows are you referring to?
The windows remain closed. XK NEWS will be the first to know when I open them in a few days.
When the head of IPOB spoke with media, how certain was he that he would overthrow the federal government?
For what reason won’t he be? Their argument is quite weak. It’s awful that they have spent the nine years since 2015 going from terrorism to treasonable felonies. Since then, you would have been convicted of him if you had a strong case. That is now what political persecution is all about.
What do you think of the court’s decision to reject Kanu’s request to be sent to Kuje Correctional Facility?
I stood up to dispute the court’s claim that Kuje lacks security. I informed the court that Abba Kyari and other dangerous suspects were present. Why will Nnamdi Kanu no longer be imprisoned? What makes him so unique? How about the Boko Haram members they detained? (If they do arrest them in any case), in which case I’m certain they don’t. Instead, they bargain with them while brandishing their AK-47s. Because of what you hear, you start to think that Nigeria and other countries are completely different.
We are discussing Nnamdi Kanu, a citizen who has never been explicitly linked to any acts of violence and who has never been discovered in possession of a gun or knife. That world is known as Southern Nigeria. In the other world, there are terrorists with assault rifles, terrorists who are ranked and who are seen on television alongside members of the military, governors, and certain religious leaders. These terrorists demand millions or billions of dollars, which they then take and retreat to their hiding places. They will take three hundred kids the next day. In what we refer to as Nigeria, it is another planet. It’s awful.
Are there any concerns you have about Nnamdi Kanu’s health?
He did, in fact, show today that he had boils in both of his armpits. You are aware of it, of course, when the body responds to anything. What is causing that is unknown to us. What’s going on should be explicable by the individuals holding him. He has swollen feet. He suffers from hearing difficulties, high blood pressure, and a cardiac problem. That’s what they did to him when they tortured him in Kenya. I don’t understand why he should be in custody for a learned justice. All that the DSS prison is is an upscaled police cell. In order to effectively mount a defense, he need appropriate care as well as unrestricted access to legal counsel.
What do you think of Kanu’s claim that the DSS intends to let him to die outside of their custody at the last moment?
He spoke about that matter in public. He has a sneaking notion that they don’t have his best interests in mind. The system is not in his best interests. If not, why is he being detained there and receiving inadequate care? We are suspicious about a few things.
Is Nnamdi Kanu’s case being worked on behind closed doors in an attempt to find a political solution?
President Bola Tinubu inherited the problem pertaining to Nnamdi Kanu. What on earth is this? Nnamdi Kanu and Tinubu never had any problems together. Similarly, Tinubu never had any problems with Kanu. You could see the depth of political activity throughout Buhari’s tenure, even from Mbazuluike Amaechi—who is currently deceased—and Ezeife. It reminded me of visiting Mecca. And Tinubu has assumed office. Furthermore, I am informed with authority that other political figures from the South-East have made direct or indirect approaches to him. What is his main motivation for Nnamdi Kanu? Is it because of Nnamdi Kanu’s Igbo heritage? How about Igboho on Sunday? After they searched his home and laid charges against him, he fled to the Benin Republic and is now free to roam the streets, threatening and promising to defend his people.
What about Asari Dokubo, who has been threatening the next President in Abuja and going about with firearms and armed men? What about Sowore? He was also accused of terrorism, but his passport was recently returned to him, and Nnamdi Kanu is now in your possession. Does Tinubu now want Nnamdi Kanu to go up against Tinubu? Nnamdi Kanu has not given Tinubu any thought. Nnamdi Kanu is defending his people in battle. Tinubu too battled for his people. When he was a part of NADECO, I was back in Washington. They used to visit Washington. They gave a speech before the Parliament of Canada. Knowing Tinubu well, I am. He is a guy who opposed tyranny and injustice.
And he’s the President now. It’s not that I blame him. I give him my congratulations. But he had to question himself, “Do I find this young man problematic?” Is there a conflict between the Yoruba and the Igbo? We understood who was causing Nnamdi Kanu’s rage and frustration, therefore Yorubas weren’t traveling to Igbo territory to murder Igbo people. The Igbos were offended over it, not just him. What issue do the Yoruba and Igbo have with one another? That Tinubu would take it so personally to detain this young man and reject all attempts to find a solution. Allow him to double-check. It’s not what he’s doing. This is being taken to its furthest.
And eventually, we would have a tinderbox situation where everyone would suffer. In society, no one has a monopoly on anything negative. He holds the office of President. He ought to stay out of trouble. Nnamdi Kanu is a formidable person. Thousands upon thousands of people follow him. You are unable to take it from him. Holding a man for over three years after you renditioned him from Kenya is like playing with fire. Over and over again, there are injustices, and the Igbo people are not satisfied at all.
Do you think the South-East’s leading politicians’ intervention was satisfactory?
About six or seven months ago, Osita Izunaso introduced a resolution in the Senate. In the House of Representatives, a resolution was also sponsored by the deputy speaker.
As you can see, the media is dragging this story back to the South East as though they are the ones holding Nnamdi Kanu captive. It is untrue. It is not going to work. Nnamdi Kanu is being held by Tinubu. At his table, the majority pauses. It’s Fagbemi and Tinubu. Was Sowore released by South-West? It is being pushed by you to lawmakers in the South East. What action do you desire from them? There may be a politician with a terrible reputation who believes that Nnamdi Kanu’s release would cost him an election.
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