NIGERIA
FG APPLICATION FOR SECRET TRIAL: A THREAT AND PERVERSION OF JUSTICE
The secret trial sought after at the hearing of Nnamdi Kanu's case at the Federal High Court Abuja on Tuesday 9th February by the Nigerian Government through the Counsel to the Federal Government, Mohammed Diri is a complete sham and should not be granted. Why should the Federal Government of Nigeria be seeking every means to convict an innocent man at the glare of everyone and the whole world is silent. Where is the word "Justice"? Lets trace the genesis and revelation of this case and see where this corrupt government is coming from.
Nigeria secret operatives abducted Nnamdi Kanu on the 14th of October 2015 (and not 17th or 19th as many ill-informed media houses keep writing) and for over 90 days could not fathom any offence or crime to charge him with. When it became apparent they have no case against Kanu, they manufactured the case of "belonging to an unlawful society, possession of dual citizenship, importing radio transmitter..." and all these useless charges were thrown out of the court room. Disgraced and ashamed the Nigeria DSS came up again with unfounded "terrorism charge" which was as well baseless and was thrown out of the window, with judge urging the DSS to "bring a real terrorist next time and not a radio opinion influencer". Disgraced and rubbished by the court a second time, DSS could not let go and unconditionally release Nnamdi Kanu as ordered by the first and second court rulings. Instead, Nigeria government, bent on convicting an innocent man decided to frame up treasonable felony charge against him. Even with Justice John Tsoho collecting an upfront bribe of N100,000,000 (one hundred million Naira) to convict Nnamdi Kanu, Buhari and his corrupt government is not convinced they will be able to achieve victory. Now Nigeria government made up of the entire Senate led by Senator .... and National House of assembly, led by.... and the Judiciary led by the Attorney General of the Federation.... has stooped so low as to apply for a secret trial of one man Nnamdi Kanu just to achieve the unachievable- Convict Nnamdi Kanu, by hook or crook. The world is watching.
Mohammed Diri who is also the Director of Prosecution in the office of the Attorney General of the Federation, told the Court that the reason for seeking for a secret trial was for the protection of the witnesses which he said will be cross-examined in the ongoing case of alleged treasonable felony against Kanu.
It is hoped the Court recognizes that the rule of law is a "priceless asset", and the principle of open justice and open proceedings is a very vital part of it. It is however primary to know that derogation could be entertained in this circumstance if allowed.
Not since the long gone days of the "Star Chamber" has a case happened in secret without the reportage of names of the defendants, the charges or the evidence. Whilst some element of secrecy is common place, the idea that someone could be arrested, charged and potentially imprisoned without anyone beyond the immediate players knowing about it is anathema to the public. A person maybe convicted and sent to prison on evidence that none of us are allowed to see. We have to realise the inalienable fundamental human rights of the suspect, Nnamdi Kanu, which has been trampled upon since his arrest, how much that could be furthered in the secret trial. We know we are expecting a mock trial from Justice Tsoho, but, let that be in the open glare of the world, whether they wish to see or not.
The inherent difficulty with this case is that it is of course impossible to know whether the rulings and judgement of the High Court is right. That is the importance of open justice.... all of us are able to see what is being done in the Criminal Justice System in our names and see if we approve it or not. The judgement when handed down, may well help but whilst the open judgement is likely to contain more authority and theoretical analysis, it is also likely to give us more details as to what the issue is and why some form of lesser compromise would or would not work.
In essence, the secret trial application if granted by Justice John Tsoho will hide every secret plan of Buhari and his DSS who have flouted two separate court orders and still seeking court mandate to convict Nnamdi Kanu. And being a secret trial, non of the proceedings of the court could be made public. Whatever witnesses Buhari and his DSS have in this case have to be made public so the world will know how true and authentic they are. An order may be made that certain accredited journalists be permitted to attend the trial who may be thrown out at various times during the proceedings, and yet, will have to surrender their notes at the end of each day. Therefore, it is highly unlikely that a fair trial will ensue. Secret trials have been one of the characteristics of almost every dictatorship of the modern era. Now since the Nigerian Government under President Muhammadu Buhari has recently shown lack of regard to the rule of law, and fairness going by the previous court orders in Kanu's case, it is our view that the whole court proceedings be held in the open and duly reported, otherwise this will amount to nothing but a travesty of justice and inhumane and inconsiderate given the fact that Kanu has been emotionally abused. The proceedings of secret trials are characterized by a perceived "miscarriage of judgement" against the benefit of the ruling powers of the society.
We can now read through the hidden agenda of the Nigerian State through her President to use a "Star Chamber-like Secret Trial" which is accountable to no one(except the Chief Executive) and use it to suppress political dissent or eliminate the perceived enemies of its regime.
We were told this is to protect the identity of the witnesses, this is nonsense as reporters can choose not to mention their names or give details pertaining their identity in their reportage. And following the reasonable order raised by the Counsel to Kanu, Barrister Chuks Muoma(SAN), the Nigerian military agents are already providing enough security during the trial.
Since it is pellucid, and we already know the names of the defendants(Benjamin Madubugwu, David Nwawuisi and of course Nnamdi Kanu), and the charges levelled against them, we therefore insist that the prosecution opening and the court proceedings should be made open, transparent and duly reported along with the verdicts and the sentences that may follow. This I submit to the trial Judge, Hon. John Tsoho when ruling on the application come February 19.
By Ucheagu Chukwuemeka Chimerue.
Edited By Ikechukwu Nwaorisa
By BIAFRA WRITERS
FG APPLICATION FOR SECRET TRIAL: A THREAT AND PERVERSION OF JUSTICE
The secret trial sought after at the hearing of Nnamdi Kanu's case at the Federal High Court Abuja on Tuesday 9th February by the Nigerian Government through the Counsel to the Federal Government, Mohammed Diri is a complete sham and should not be granted. Why should the Federal Government of Nigeria be seeking every means to convict an innocent man at the glare of everyone and the whole world is silent. Where is the word "Justice"? Lets trace the genesis and revelation of this case and see where this corrupt government is coming from.
Nigeria secret operatives abducted Nnamdi Kanu on the 14th of October 2015 (and not 17th or 19th as many ill-informed media houses keep writing) and for over 90 days could not fathom any offence or crime to charge him with. When it became apparent they have no case against Kanu, they manufactured the case of "belonging to an unlawful society, possession of dual citizenship, importing radio transmitter..." and all these useless charges were thrown out of the court room. Disgraced and ashamed the Nigeria DSS came up again with unfounded "terrorism charge" which was as well baseless and was thrown out of the window, with judge urging the DSS to "bring a real terrorist next time and not a radio opinion influencer". Disgraced and rubbished by the court a second time, DSS could not let go and unconditionally release Nnamdi Kanu as ordered by the first and second court rulings. Instead, Nigeria government, bent on convicting an innocent man decided to frame up treasonable felony charge against him. Even with Justice John Tsoho collecting an upfront bribe of N100,000,000 (one hundred million Naira) to convict Nnamdi Kanu, Buhari and his corrupt government is not convinced they will be able to achieve victory. Now Nigeria government made up of the entire Senate led by Senator .... and National House of assembly, led by.... and the Judiciary led by the Attorney General of the Federation.... has stooped so low as to apply for a secret trial of one man Nnamdi Kanu just to achieve the unachievable- Convict Nnamdi Kanu, by hook or crook. The world is watching.
 |
| Kanu |
Mohammed Diri who is also the Director of Prosecution in the office of the Attorney General of the Federation, told the Court that the reason for seeking for a secret trial was for the protection of the witnesses which he said will be cross-examined in the ongoing case of alleged treasonable felony against Kanu.
It is hoped the Court recognizes that the rule of law is a "priceless asset", and the principle of open justice and open proceedings is a very vital part of it. It is however primary to know that derogation could be entertained in this circumstance if allowed.
Not since the long gone days of the "Star Chamber" has a case happened in secret without the reportage of names of the defendants, the charges or the evidence. Whilst some element of secrecy is common place, the idea that someone could be arrested, charged and potentially imprisoned without anyone beyond the immediate players knowing about it is anathema to the public. A person maybe convicted and sent to prison on evidence that none of us are allowed to see. We have to realise the inalienable fundamental human rights of the suspect, Nnamdi Kanu, which has been trampled upon since his arrest, how much that could be furthered in the secret trial. We know we are expecting a mock trial from Justice Tsoho, but, let that be in the open glare of the world, whether they wish to see or not.
The inherent difficulty with this case is that it is of course impossible to know whether the rulings and judgement of the High Court is right. That is the importance of open justice.... all of us are able to see what is being done in the Criminal Justice System in our names and see if we approve it or not. The judgement when handed down, may well help but whilst the open judgement is likely to contain more authority and theoretical analysis, it is also likely to give us more details as to what the issue is and why some form of lesser compromise would or would not work.
 |
| Justice John Tsoho |
In essence, the secret trial application if granted by Justice John Tsoho will hide every secret plan of Buhari and his DSS who have flouted two separate court orders and still seeking court mandate to convict Nnamdi Kanu. And being a secret trial, non of the proceedings of the court could be made public. Whatever witnesses Buhari and his DSS have in this case have to be made public so the world will know how true and authentic they are. An order may be made that certain accredited journalists be permitted to attend the trial who may be thrown out at various times during the proceedings, and yet, will have to surrender their notes at the end of each day. Therefore, it is highly unlikely that a fair trial will ensue. Secret trials have been one of the characteristics of almost every dictatorship of the modern era. Now since the Nigerian Government under President Muhammadu Buhari has recently shown lack of regard to the rule of law, and fairness going by the previous court orders in Kanu's case, it is our view that the whole court proceedings be held in the open and duly reported, otherwise this will amount to nothing but a travesty of justice and inhumane and inconsiderate given the fact that Kanu has been emotionally abused. The proceedings of secret trials are characterized by a perceived "miscarriage of judgement" against the benefit of the ruling powers of the society.
We can now read through the hidden agenda of the Nigerian State through her President to use a "Star Chamber-like Secret Trial" which is accountable to no one(except the Chief Executive) and use it to suppress political dissent or eliminate the perceived enemies of its regime.
We were told this is to protect the identity of the witnesses, this is nonsense as reporters can choose not to mention their names or give details pertaining their identity in their reportage. And following the reasonable order raised by the Counsel to Kanu, Barrister Chuks Muoma(SAN), the Nigerian military agents are already providing enough security during the trial.
Since it is pellucid, and we already know the names of the defendants(Benjamin Madubugwu, David Nwawuisi and of course Nnamdi Kanu), and the charges levelled against them, we therefore insist that the prosecution opening and the court proceedings should be made open, transparent and duly reported along with the verdicts and the sentences that may follow. This I submit to the trial Judge, Hon. John Tsoho when ruling on the application come February 19.
By Ucheagu Chukwuemeka Chimerue.
Edited By Ikechukwu Nwaorisa
By BIAFRA WRITERS
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