Nnamdi Kanu: Court of appeal ruling is final, stop being a clown - IPOB to Malami

October 19, 2022 | The Biafra Times 

IPOB PRESS STATEMENT 

MALAMI, STOP CHASING  THE SHADOW OF IGBO GOVERNORS AND POLITITCIANS AND FOCUS ON THE SUBSTANCE OF  THE COURT OF APPEAL  JUDGEMENT ON MAZI NNAMDI KANU

The attention of the global movement and family of the Indigenous People of Biafra (IPOB) under the leadership and command of the great liberator and prophet Mazi Nnamdi KANU has been drawn to the unintelligent, disgraceful and incoherent  statements credited to the Attorney General Alhaji Abubakar Malami to the effect that the Igbo Governors and politicians will decide whether Mazi Nnamdi KANU will be released unconditionally. 

What a clownish statement from the chief law officer of Nigeria , a SAN for that matter who should know better. Such illogical statements from the Nigerian government and its officials is one among many justifications for calling Nigeria the ZOOLOGICAL REPUBLIC OF NIGERIA.

IPOB believes that these Igbo Governors and polititcians that Malami want to turn into a reviewing panel of the judgement of a competent court of Jurisdiction the Court of Appeal know the game and evil intention of the AGF and will certainly not fall for his *Greek poison* parkaged in the deceptive form of making them relevant. IPOB can confidently posit that these governors and politicians are more intelligent than the fulani quota system Attorney General and Minister of Justice of the Federation. This fulani terrorists sponsoring Government think that their divide and conquer tactics will work for them this time around in their attempt to try and shift the responsibility of the continued illegal incarceration of the leader of the Indigenous People of Biafra on the governors and politicians of South East extraction. Their agenda to create confusion and more problems in Igboland won't  work. We will not allow them to do this again to our people. 

IPOB wants to ask Malami when did Igbo Governors and politicians become a Court of superior mandate in Nigeria to decide if Mazi Nnamdi Kanu our Leader will be released unconditionally or not after the Appeal Court the second highest Court of competent jurisdiction has made a well reasoned ruling  already. It seems Malami does not have the buckle to approach the Supreme Court now that the Aeroplane turner is no longer in charge hence the desire to supplant and foreclose that channel with trying to implicate governors and politicians of South East origin. Igbo Governors and politicians should understand this gimmick before going to any meeting that the Caliphate Government will call them to. Mazi Nnamdi Kanu was discharged and acquitted by the Appeals Court not by Igbo governors and politicians. But if any Igbo Governor or Polititian choose to be a willing tool and a useful idiot of the Caliphate, let that soul take over the responsibility of deciding if OHAMADIKE will be released or not. We dare that individual or group. 

Malami and APC Government must release Mazi Nnamdi Kanu unconditionally as declared by the Appeal Court and recommended by the UN Human Rights Working Group without delay because he committed no crime known to either Local or International law.

Malami have been releasing terrorists from prison without taking them to court but have decided to play a demy god by this attempt to disregard and disobey the judgement of the Court  of Appeal, as it has ignored the opinion of the UN Human Rights Working Group. 

We are still wondering how this kind of individual became a lawyer let alone become the Attorney General of a supposed democratic Nation. If an Attorney General of a Nation who is supposed to uphold the Justice system in a constitutional democracy is the one destroying the rule of Law, then Nigerians are  in a big political mess with these kind of government officials saddled with immense responsibility of governance and upholding the law.

Malami, your flagrant disobedience to the Appeals Court and UN Human Rights Working Group rulings and opinions respectively on the issue of the unconditional release of Mazi Nnamdi KANU will secure you a room in ICC jail in the future. If you think MAZI NNAMDI KANU or IPOB will surrender or retreat, you're just dreaming. 

If you're not careful, the BIAFRA project and Mazi Nnamdi KANU will consume you and your collaborators because we have the backing of the Almighty Chukwu Okike Abiama. 

COMRADE EMMA POWERFUL, MEDIA AND PUBLICITY SECRETARY FOR IPOB.

IPOB: BRIGHT CHIMEZIE VS DSS; KANU'S LAWYER ENGAGE ATTORNEY GENERAL OF NIGERIA, MALAMI

13th December, 2017

The Hon. Attorney General of the Federation,
Attorney General Chambers,
Federal Ministry of Justice,
Abuja.

Sir,

RE: MR. BRIGHT CHIMEZIE VS STATE SECURITY SERVICES
SUIT NO: FHC/UY/CS/61/2017
:CONTINUED DETENTION OF BRIGHT CHIMEZIE IN CLEAR VIOLATION OF COURT ORDER
:A THREAT TO DEMOCRATIC INSTITUTION AND AN AFFRONT TO JUDICIAL PROCESS.

Above captioned suit refers.

We are Solicitors to Mr. Bright Chimezie (the Applicant in the above referenced suit) and hereinafter referred to as “Our Client” and on whose definite instruction we enter into this correspondence with your good office.

Our Client was arrested by the operatives of the State Security Services in Uyo,AkwaIbom State, on the 14th day of October, 2016.

Following his continued detention in the most dreaded custody of the SSS, and their refusal to either charge him to Court if he had committed any offence known to Law or release him on bail, we filed an application for the enforcement of his Fundamental Rights in the civil Suit above captioned.

All processes filed in the suit were all served on the State Security Services, before the substantive application was heard on the merit.

By order made in the Suit under reference, His Lordship Hon. Justice IJEOMA L. OJUKWU of Court No 1, Federal High Court Uyo declared; and consequently directed as follows;

1. “That the arrest of the Applicant (Bright Chimezie) on the 14th/10/2016, and his continued detention by the Respondent without granting him bail or being charged to Court is unlawful and a gross violation of his Fundamental Right to personal liberty under Section 35(1 and 93) of the Constitution of the Federal Republic of Nigeria.

2. That the Respondent is hereby ordered to release the Applicant on bail or charge him before any Court of competent jurisdiction where there is a prima facie case of commission of crime.

3. That since the Law recognizes that where a citizen has been detained above the constitutionally prescribed period without any justification; any subsequent arraignment or charge before a Court of Law does not cure the illegality or abrogate his right to damages, he is entitle to damages for unlawful detention. Therefore the Respondent shall pay the sum of N5,000,000.00 (Five million naira) only, to the Applicant as damages for the unlawful detention of the Applicant from 14/10/2016 till date.”
Herein attached for your ease of reference is the order of Court, made on the 24thday of May 2017, above quoted. It was served on the State Security Services, the receipt of which was duly acknowledged.
On the 30th day of May 2017, a formal communication was submitted with the Director General of the State Security Services, requesting him to obey the order of Court, still the order was treated with brazen contempt and disdain, as our Client was neither releasedon bail, nor charged to Court.

Following the continued detention of our Client in flagrant disobedience ofthe positive orders of the Court, we initiated a formal contempt proceedings against the Director of State Security Services, through the filing and service on them, the requisite statutory forms (Forms 48 and 49), Notice of consequences of disobedience to Court Order, and Notice to show cause why the Director of State Security Services will not be committed to prison for his failure to obey Court Orders.

Also attached for your ease of referenceare the above referred forms.
However, in a desperate but unavailing charade to present an impression of strict compliance with the directives , contained in the order made on the 24th day of May, 2017, the name of the Applicant was smuggled in as the 5th Defendant in charge No: FHC/ABJ/CR/383/2015 between FEDERAL REPUBLIC OF NIGERIA VS NNAMDI KANU & ORS.
In the amended chargedated 21st day of June, 2017 and filed on the same date, our Client was charged with two offences to wit: (a) Conspiracy to commit treasonable felony and (b) Improper importation of goods.
The Attorney General is therefore invited to take note of these salient points as a manifestation of obvious acts of malafide on the part of State Security Services, acting under the strict directive of the State;

1. The two Count charge preferred against our Client in the amended charge, contained offences which are ordinarily bailable in law, such that may not warrantor justify the detention of a subject beyond the statutory prescribed period, before being released on bail.

2. Charge No FHC/ABJ/CS/383/2015 above referred was first amended on the 7thday of November 2016, when our Client had spent well over23 daysin the custody of the State Security Services, still he was not joined as a party, if truly he had committed any offence known to Law.

3. The State Security Services suddenly remembered that our Client should be charged to court, only when the Court order compelling them to either release our Client on bail or charge him to Court was served on them on the25thday of May 2017.

4. Since the amendment of the charge on the 21st day of June, 2017 vide the inclusion of our Client as the 5th Defendant in the amended charge, he has not been produced before the Federal High Court seized of the matter for the purposes of taking pleas to the charge, till date.

5. On record, the charge came up on the 17th day of October, 2017,November 20th, 2017, and 5th December, 2017, but on all of the above dates, our client was not produced in Court, neither was the said amended charge ever mentioned in Court.

6. When the plight of our client was formally brought to the attention of the Court, and the facts of the existing Court order of coordinate jurisdiction directing the State Security Services to release him, His Lordship (Hon. Justice Binta Nyako) declined to comment on the amended charge, as according to my noble Lord, Our Client has not been brought before her, so that she cannot assume jurisdiction over a charge that has not been read or mentioned before her.

7. Implicit in the antics of the State Security Services is that they are in law, still holding our client in clear disobedience of positive orders of Court that directed them to release Our Client.
It is more so, when the constitution of the Federal Republic of Nigeria 1999 as amended 2011, provides in Section 35(1) (c) & (4) (a) & (b), thus

a. Any person who is arrested or detained in accordance with subsection (1)(c) of this section. For the purpose of bringing him before a Court in execution of the order of a Court or upon reasonable suspicion of his having committed a criminal offence or to such extent as may be reasonably necessary to prevent his committing a criminal offences shall be brought before a Court of Law within a reasonable time, and if he is not tried within a period of;

a. Two months from the date of his arrest or detention in the case of person who is in custody or is not entitled to bail; or

b. Three months from the date of his arrest or detention in the case of a person who has been released on bail.
He shall (without prejudice to any further proceedings that may be brought against him) be releasedeither unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.
The above provision of the constitution is unequivocal on the length of time a subject can be detained without trial, and his inalienable right to unconditional release when detained in the manner our client has been detained. It is crystal clear that our Client has spent well over 14 months in the custody of the State Security Services without trial. His continued detention is unlawful, illegal and in flagrant violation of both the positive orders of Court and relevant provisions of the Constitution above referred.

It is our respectful submission Sir, that to allow a flagrant disobedience of orders of Court is to strike hard at the foundation of the rule of Law and thereby unwittingly bring about anarchy. See the dictum of ADEREMU JCA in ODUNSI VS ABEKE (2000) All FWLR (Pt. 10) 1625.Justice in its total practical content is truth in action!
Justice is much more than a game of hide and seek. Our Client is therefore entitled to unconditional bail in the prevailing circumstance, and we respectfully urge you Sir, to use your good office to prevail on the State Security Services to release our Client without further ado.


Recall that you are under constitutional Oath as the Chief Law Officer of the Federation, to protect and ensure absolute allegiance to the letters and dictates of the Supreme Law of the land. You can only be failing in the performance of this solemn duty, if after receiving this letter, you still allows our Client to spend another night in the dreaded custody of the State Security Services.

We respectfully observe therefore, that the administration of Justice is the firmest pillar of government. We implore you most respectfully Sir, to respect the sanctity of the judicial process, and accordingly give effect to positive orders of Court of competent jurisdiction by directing the release of Our Client without further prompting.

State Security Services is a creation of the Law and is at all times, expected to operate within the confines of Laws establishing the Agency, and not above the law.
It is the height of executive rascality and brazen impunity to allow positive orders of Court to be treated with disdain and contempt by the very Agency they supervise. It is time to put a stop to this impunity. Harming one’s inalienable right in order to serve any sinister motive is injustice.

Only last week, the President, Commander in Chief of the Armed Forces Federal Republic of Nigeria, Alhaji Muhammadu Buhari, granted state pardon to over 500 (Five hundred) prison inmates, detained on various violent offences in Kano Maximum Security Prison. The freed inmates were further treated with cash gifts containing unspecified sums of Money. While commending the Commander in Chief for such a patriotic act, we respectfully wish to implore the President to extend the same gestures to hundreds of innocent and defenseless members of the Indigenous People of Biafra (IPOB), largely made up of Youths of Igbo extraction, held across the various prisons in the south East States and Kuje Prison in the Federal Capital Territory,on accounts of phantom charges, frivolous and cooked-up allegations, for merely exercising their constitutional guaranteed Rights to self determination , including our Client who has been held in the custody of the SSS for over 14 months without trial. What is good for the goose is also good for the gander! If the President is a true Nationalist, he should do the needful in this regard, without further prompting. One sided justice will amount to injustice! See the dictum of Oputa JSC of the most blessed memory in WILLOUGHBY VS INTERNATIONAL MERCHANTS BANK (NIG)LTD (1987)1NWLR
In anticipation of your expeditious response in this regard, accept the assurances of our deepest regards.

Yours Faithfully,
FOR: I.C. EJIOFOR & CO.
_____________________________
Hon. Ifeanyi Ejiofor Esq.
(Principal Partner)

IPOB: Plot By The Attorney General Of The Federation (AGF) Abubakar Malami To Brazenly Pervert The Course Of Justice

October 26, 2017

IPOB PRESS RELEASE

We the Indigenous People of Biafra (IPOB) under the command and leadership of Mazi Nnamdi Kanu wish to draw the attention of the world to the troubling absence of the presiding judge, Justice Kafarati, in the hearing of the application for the dismissal of the order he granted proscribing IPOB. What this underlines is a premeditated plot by the Attorney General of the Federation (AGF) Abubakar Malami to brazenly pervert the course of justice. Both the AGF and Justice Kafarati aided by their South East collaborators obtained an illegal backyard order banning IPOB activities,p but now the time has come for that order to be interrogated in an open court, the AGF has engineered the absence of Justice Kafarati from his own court so that the case will not be heard.

From a brief interface with our lead counsel Bar. Ifeanyi Ejiofor within the premises of the Federal High Court Abuja on the 23rd day of October, 2017, we observed with deep concern the manifest case of perversion of justice by the AGF, acting in accord with the judiciary of Nigeria, to sustain the unsustainable tag of terrorism against IPOB until their illegality can find acceptability or justification in the eyes of the public with the passage of time.

It is our findings that:

1. The Ex-parte Order proscribing IPOB and designating it a terrorist group was applied for by the Federal Government on the 20th day of August, 2017, and same was granted in chambers by the Acting Chief Judge of the Federal High Court. It should also be noted that hearing applications in chambers connotes proceedings conducted with utmost secrecy without the respondent (IPOB) present. This procedure can only be used in limited circumstance as it is a process widely regarded within legal circles as inimical to cardinal principle of fair hearing.

2. This Order was granted barley two (2) days after the Military Authority unilaterally and illegally declared that IPOB, is a “Terrorist Group”. This illegal declaration was promptly retracted by Lt. Gen. Tukur Buratai following the criticism that trailed their unconstitutional pronouncement.

3. On the 21st day of September, 2017, counsel to IPOB (Bar. Ifeanyi Ejiofor) applied for the Certified True Copies of the processes filed and exhibits relied upon by the Federal Government. This request was approved same day by the Deputy Chief Registrar of the Federal High Court, who recommended the approval of the Acting Chief Judge of the Federal High Court be sought before the processes will be processed in line with the established practice of the Court and handed over to Bar. Ifeanyi Ejiofor.

4. The said application was never approved by the Acting Chief Judge, Justice Kafarati until 25 (Twenty five days) later. This begs the question, why would Justice Kafarati who gave the order banning IPOB within 30 minutes, delay a full 25 days before approving an application challenging his ruling, if he was not biased.

Application was filed by IPOB counsel on the 22nd day of August 2017, requesting the Court (Justice Kafarati) to vacate the Exparte Order he made on the 20th day of August, 2017, purportedly proscribing IPOB.

As was widely reported, the Government proceeded to gazette the Order the very same day the black market order was granted by Justice Kafarati, an obvious arrangement between the executive and judiciary to pervert the course of Justice.

A communication was transmitted to the office of the Chief Judge on the 25th day of August, 2017 by the IPOB Lawyer, informing him of the urgent need to assign a date for the hearing of the application. This application was ignored by the Justice Kafarati the Acting Chief Judge, as no date was given until 13 days after a reminder letter was sent to him and 15 days after the application was filed. It was on the 4th day of October, 2017 that Justice Kafarati reluctantly scheduled the application for hearing on the 23rd day of October, 2017.

It is expected that a senior judge and Acting Chief Judge for that matter in the person of Justice Kafarati ought to be fully aware of his October official engagements/undertakings at the time he gave a date for the hearing of IPOB application. It is therefore baffling and most troubling that Justice Kafarati did not sit on the day the matter was scheduled for hearing, neither did his chambers communicate IPOB lawyers that the hearing will not hold. It is even more distressing when we reliably gathered that the office of the Attorney General of the Federation was in regular communication with the officials of the Court at the time a new date for the hearing was being arranged on the 23rd day of October, 2017.

Going by the above unethical antecedents of both Justice Kafarati the Acting Chief Judge and AGF Abubakar Malami, the hearing was deliberately fixed on a day Justice Kafarati knew he would be travelling outside the Nigeria for a one week seminar.

It is a known fact, even to the unintelligent that had Justice Kafarati sat on this matter on the 23rd day of October, 2017, the application seeking the dismissal of the Exparte Order he granted on the 20th day of September, 2017, would have been granted, since same was not being challenged by the Attorney General of the Federation. The public must note this very crucial fact that as at today, Buhari's administration is yet to file a counter to IPOB submissions before the court. That being the case, it is assumed in law that they have no defence and therefore not contesting the application by IPOB. Had Justice Kafarati sat on the 23 October 2017, he would have had no choice in law than to rule in favour of IPOB by vacating his obnoxious order.

It should also be noted that the office of the Attorney General of the Federation despite being duly served with the IPOB Lawyers’ application seeking the vacation of the Order proscribing IPOB on the 22nd day of August 2017, has never filed any Counter Affidavit in opposition to the IPOB application. This is the primary reason why Justice Kafarati claimed he traveled out of Nigeria. This will mark Nigeria out as one of those countries where a Chief Judge is actively colluding with the executive arm of the government to pervert the course of justice.

Future developments in this case will no doubt reveal the conspiracy between the executive and judiciary to alter the natural course of justice. If the Attorney General of the Federation later files any response to the IPOB application on or before the 14th day of November, 2017 that this matter is scheduled to be heard, then it will be an unimpeachable proof of manifest legal gang up between the executive and judicial arms of Government of Nigeria against IPOB.

The absence of any legal representation from the office of the Attorney General of the Federation on the day this application was originally scheduled to be heard being the 23rd day of October, 2017, has more to it than meets the eye.

The entire civilised world is keenly watching as this drama unfolds.

Our advice remains that the Acting Chief Judge should most humbly recuse himself from this case on grounds of manifest bias and conflict of interest.

COMRADE EMMA POWERFUL MEDIA AND PUBLICITY SECRETARY FOR IPOB.
THE BIAFRA TIMES
Publisher: Chijindu Benjamin Ukah
Contact us: [email protected]