Friday, 28 April 2017 17:47

Justice Binta Nyako is the Poster Girl for All that is Wrong with Nigerian Justice System

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With the likes of Binta Nyako as judges in the Nigerian justice system it is impossible to reform the delivery of justice to Nigerians. Justice Nyako’s is so ignorant of the meaning of justice that one wonders how she obtained her law degree and how she managed to be called to the Bar. Even more, who appointed her to the judgeship?

The last question could be attributed to the desire of the appointee to have on the bench one who could be manipulated or one who would dance on a leash. This can only be the reason she was assigned to handle the “hot potato” judgement of Mazi Nnamdi Kanu. Two earlier judges had handled the case and came to essentially the same conclusion but the Nigerian Federal Government of President Muhammadu Buhari wants a guilty verdict and so it shopped around until it found Justice Binta Nyako.

And what a find she has been!

Our “learned justice” found grounds to keep Mazi Kanu in jail contrary to the prior findings by two judges. Now that the health of Mazi Kanu has become apparent, the learned lady has found a way to deny him bail while pretending that she was granting bail. Unfortunately, the double talk exposed her underbelly, ignorance of the law.

Someone should have reminded the justice that there is separation of powers in the Nigerian constitution. A senator has no role in prosecution, defense, and judgement in any case criminal or civil. Yet our learned justice draws the services of a senator as a condition for grating Mazi Kanu bail. Does Nyako think the parts of constituency services include posting bails for constituents? What her excellency was trying to do is called “fishing.” It is an attempt to find if any politician is supporting Mazi Kanu or to peel off such a support if it exists. By this action, Ms. Nyako is injecting herself into and with prosecution of Mazi Kanu. She is supposed to be independent.

Phew!

Apart from introducing the legislative arm into the judicial process, the requirement that the senator must be Igbo narrows the pool for the selection to a mere 15 senators. Why must the person be Igbo? What beef does her majesty have with the Igbo? Or is this one more proof that the Igbo nation is being tried in the guise of Nnamdi Kanu?

How could justice Nyako not know that whatever it is that Kanu is accused of is a domestic Nigerian affair? Why would she bring in foreign nationals into this domestic matter? Would a Jew from say Brazil be allowed to post bail in Nigeria for a Nigerian? Would she/her meet the residency requirements? Is Ms. Nyako also taking over the immigration department of Nigeria? This in legal parlance is “judicial over reach.”

The last of the three conditions, that he cannot be among more than 10 people at a time; that he cannot grant interviews; etc. means that the freedoms that Kanu enjoyed while a prisoner is being denied him when he is out of prison. Every legal concept is turned on its head by this requirement. Start with innocent until proved guilty in a court with jurisdiction. The fact that Mazi Kanu had been imprisoned for nearly two years does not qualify as guilty. He is still “innocent.” Why curtail his citizenship rights? The day he would step out of prison would be an opportunity for his supporters to rally at the prison gates to welcome him back. It is obvious that there would be more than 10 people. Just by stepping out of prison he would be guilty of violating the condition of his bail. Would he or his attorneys be expected to deny other Nigerians their freedom of movement or association? The same applies to when he gets to his village where he would be welcomed home as the conquering lion of Judah.

President Muhammadu Buhari has made the destruction of the Igbo nation, his number one priority and Justice Binta Nyako has signed on as an acolyte. She should resign her justice position and serve Buhari in other capacity, perhaps as one of the generals policing the Igbo nation and shooting and gunning down peaceful demonstrators. She cannot do it from the bench. Lawyers and others interested in the administration of justice ought to be up in arms against this injustice.

Introducing religion, tribalism, and internationalization of domestic legal affair is no way to be a judge.

Ms. Nyako should be impeached.

Detaining Mazi Kanu was a mistake. A free Kanu is much less a problem for the Nigerian government than the symbiology of Kanu in prison. The Nigerian Federal Government should free Kanu unconditionally, and apologize to him and pay him for illicit detention. And everybody will breathe easy.

It is a very simple solution.

 

Benjamin Obiajulu Aduba

Boston, Massachusetts,

April 28, 2017

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Benjamin Obiajulu Aduba

Benjamin Obiajulu Aduba  currently lives in Medfield, Massachusetts.