The unguIded utterance coupled with compromised body language of a supposedly enlightened and refined Abuja-based Federal High Court Chief Judge – Justice Binta Nyako, is to say the least, most callous and disappointing. In the last court sitting involving the concocted case brought against the supreme leader of the Indigenous People of Biafra (IPOB) worldwide, Mazi Nnamdi Kanu, Mazi Benjamin Mmaduagwu, Mazi David Nwawuisi and Mazi Chidiebere Onwudiwe, the Judge in what appears more of a radical Sharia trial than civil adjudication, pointedly stated that she will no longer entertain any bail application from one of the co-defendants – Mazi Benjamin Mmaduagwu whose bail bond was being sought for due to his seriously depreciating health condition. His counsel, Barrister Ifeanyi Ejiofor was told rather that the accused can only exercise his right to appeal. This is a man who has for close to three years now, been in prison custody illegally, without trial.
In Nigeria, there exists in the judicial terrain, what is known as judicial procedure governing the principles of the rule of law and fair trial. It is based on this fact that fair hearing to the delivery of justice is premised. The laws of Nigeria made it explicitly clear that bail is exclusively a fundamental right of everybody facing prosecution in the country, irrespective of place of origin, views, aspirations and religion. It is therefore an abuse of human right for an accused to be denied bail most especially when such involves threat to life and health. Mazi Benjamin Mmaduagwu, has been battling with health issues even in prison custody for quite a while now. His deteriorating health has been a source of serious concern to the leadership of the Indigenous People of Biafra (IPOB) worldwide and his immediate family members. His personal physician has put together, incisive documented evidence, showcasing the dangers associated with the continued detention of Mazi Benjamin Mmaduagwu in Kuje prison without having access to adequate medical attention. This is evidently, the worst case scenario of the judicial system in Nigeria under the Buhari led government which Justice Binta Nyako has shamelessly and in gross disrespect to her professional calling, wittingly decided to midwife by her refusal to grant him bail.
The co-defendants, even when they have been subjected to different grades of unjust incarceration without trial for years now, are yet considered innocent until proven otherwise. The ongoing extra-judicial treatments being meted against them, smack of official violation of their rights and privileges.
On Tuesday 20th day of February 2018, I was shocked to my bone marrows, from a supposed reputable Judge, aggressively vowing before the court she presides, that she will never entertain any form of bail application for the accused without trial which in itself, is a misapplication of law and judicial authority. It was gravely pathetic when the ailing Benjamin Mmaduagwu could not stand in the court room. This sorry-situation of the health of a man could not attract the sympathy of a Judge who even when her attention was sought on the issue, still maintained her position not to grant bail to Mazi Benjamin Mmaduagwu from prison custody. Justice Binta Nyako having known about the painful and threatening health condition of the co-defendant, still preferred servicing the tyrannic interest of her Fulani bigotistic brother in Muhammadu Buhari. The Nigerian Judiciary has now become a place where laws are manufactured to service the egos of the privileged few at the top. It is alarmingly disappointing to note that the Nigerian Judiciary has metamorphosed into Islamic radical Sharia courts where human lives are wilfully traded with, not minding the magnitude in which this case has attracted International awareness.
Again, if the utterances that proceeded out of the mouth of Justice Binta Nyako is anything to go by, it then means that the Judiciary in Nigeria has shamelessly lost it’s reputation, honor and authority under Buhari’s atrocious government. Can Justice Binta Nyako really draw a legal hint at Benjamin Mmaduagwu’s counsel that erroneously suggests he only has a right to an appeal even on a matter that has been decided on, by a lower court of competence?
Binta Nyako should know that under the law, Benjamin Mmaduagwu remains exceptionally innocent until pronounced guilty. He has never been indicted in his life for any criminal offence neither has David Nwawuisi and Chidiebere Onwudiwe been. She must also be made to know, in case she is ignorant, that the right of bail is not limited to particular set of individuals but an all encompassing right for all, irrespective of who is involved.
The Indigenous People of Biafra (IPOB) worldwide, under the able leadership and command of Mazi Nnamdi Kanu wish to once again, through this medium, call on the attention of the International Judicial Council, International Government Bodies, Human Rights Groups and all lovers of freedom, to pre-emptively intervene and help rescue our beloved Biafran brethren – Benjamin Mmaduagwu, David Nwawuisi and Chidiebere Onwudiwe amongst others, from detention now that they are yet alive. They never committed any crime known by law other than standing out to exercise their inalienable rights. Right to self-determination is guaranteed by the United Nations and fully aligned with by all member states, including Nigeria which indisputably, is a signatory.
The pronouncement of Justice Binta Nyako does not just only portray crass dictatorial tendency of a supposed learned legal authority (Judge), but a disgusting rape on established rule of law and respect for human dignity.
Free Benjamin Mmadubugwu And Others Now!..