SBCHROs Names Nnamdi Kanu-A Prisoner-Of-Conscience. Condemns continued Persecution by Buhari and Bail Denial by Justice John Tsoho |
For the fact that Citizen Nnamdi Kanu has never killed
anybody (use violence) or authorized anybody or group to kill
(advocated for violence); for the fact that he was arrested and detained
for 98 days without trial contrary to Sections 35 (4) (a) (right to
personal liberty), 33 (right to life), 34 (right to dignity of human
person), 36 (right to fair hearing) and 41 (right freedom of movement)
of the 1999 Constitution and Articles V,VI,VII and XII of the African
Charter on Human & Peoples Rights (ratified and domesticated by
Nigeria in 1983); for the fact that the Nigerian authorities led by
President Muhammadu Buhari have flouted with impunity and reckless
abandon several court decisions bordering on protection and enforcement
of these constitutional rights of the detained Prisoner-of-Conscience;
for the fact that Citizen Nnamdi Kanu’s arrest and detention was
politically motivated and ill-conceived; for the fact that he was
arrested and detained and is being persecuted for his non violent
political and social thoughts; and for the fact that the mind of the
trial Judge; Hon Justice John Tsoho was possibly abused, biased and
corrupted presidentially, leading to the Judge convicting Citizen Nnamdi
Kanu before trial (his choice of words); upon which Citizen Kanu was
denied his long awaited and deserved bail; Citizen Nnamdi Kanu eminently deserves the local and international status of a prisoner-of-conscience.
For the purpose of refreshing the minds of all and sundry particularly the Nigerian democratic forces, Prisoner of Conscience (POC)
is a term coined by Peter Benenson; founder of Amnesty International,
UK in a 28 May 1961 article (“the Forgotten Prisoners") published in the
London Observer Newspaper. The term refers to anyone imprisoned
because of their race, sexual orientation, religion, or political views;
expressed or conducted non-violently or in peaceful manners. It also
refers to those who have been imprisoned and/or persecuted for
non-violent expression of their conscientiously held beliefs. Amnesty
International, UK regards prisoners of conscience as political and activist prisoners (non white collar or street criminal suspects) or
jailed international or national citizens who have been jailed or
imprisoned by repressive and suppressive political authorities because
of their political, religious or other conscientiously-held beliefs,
ethnic origin, sex, color, language, national or social origin, economic
status, birth, sexual orientation or other status, provided that they are non violent and peaceful and have never sanctioned the opposite.
The Myanmar’s leading pro democracy activist and Nobel Laureate, Ms Daw Aung San Suu Kyi is one of the world’s recognized prisoners-of-conscienceand was an Amnesty International’s prisoner of conscience (POC) from
1989-1995; 2000 to 2002; and 2003 to 2010. Though she is banned by her
country’s repressive military rulers from standing for Myanmar’s
presidency since 1988 when her National League for Democracy (NLD) was
heading for a landslide victory before the country’s military junta
struck and annulled same; but her campaigns for restoration of
democracy, civil liberties and rule of law in Myanmar recently paid off
leading to full return of democracy and inauguration of its first post
military’s democratically elected parliament this 1stFebruary
2016. Though banned from holding presidency seat for now; but Ms Suu
Kyi; 70, is expected to be President of her country by proxy with her
NLD having won 80% of the parliamentary seats.
Beyond naming Citizen Nnamdi Kanu a prisoner-of-conscience; plans by SBCHROs are
also on the way to formally write and appeal to the likes of Amnesty
International, UK, the Human Rights Watch, USA and the Society for the
Threatened People, Germany, etc to also adopt Citizen Nnamdi Kanu asa prisoner-of-conscience or be given or accorded with equivalent (s) status. As SBCHROs’ prisoner-of-conscience, Citizen
Nnamdi Kanu will remain under our local, national and global campaign
searchlight until he is freed, discharged and acquitted of the ongoing
phantom charge of treasonable felony.
Further condemned in strongest term is possible voice of Jacob and hand of Esau in
the disagreement that erupted in the legal defense team of Citizen
Nnamdi Kanu to the extent that it also contributed in part to denial of
bail of the detained prisoner-of-conscience by Hon Justice Tsoho; occasioned by poor bail application and watery argument by one of the defense counsel. The recent open-letter to the EU Parliament written from prison by the detainedPrisoner-of-Conscience;
in which he disclosed how he was tortured and maltreated by DSS while
in its captivity clearly contradicted the recent account of one of his
defense counsel, who said Citizen Kanu was never tortured or maltreated
by DSS and that he was even cracking jokes with his captors. Comparing
the former with the latter, it is mostly safe to suspect another voice of Jacob and hand of Esau. Though
Citizen Nnamdi Kanu’s bail bid was lost, but the most striking part of
the last court proceedings was judicial resolution of the authenticity
of Citizen Kanu’s defense legal team in his physical presence and under
his written authorization. In all these, the Federal Government’s
age-long divide-and-rule tactics may most likely be at work.
We are also saddened and shocked by Hon Justice John Tsoho’s reported resort to use of convictable and uncouth choice of words;
upon which he based his bail refusal ruling. In over seven reports of
journalists particularly judicial reporters perused in the course of our
fact finding on the proceedings under reference, the same convictable and uncouth choice of words was
reported to be used by the trial Judge. Hon Justice John Tsoho was
specifically reported by several media sources as having said the
following judgmental words “(Nnamdi) Kanu is a threat to
national security, and as a result will not be granted bail”. He
reportedly held further that “if released, Kanu may commit the same offence again,
and that “there is a probability that he may jump bail because he
possesses dual citizenship”. The judge conclusively ruled that Kanu be
remanded in prison custody, and ordered an accelerated hearing of the
case.
If it is true that the trial judge used such biased and judgmental words on post arraignment bail application ruling; then the Judge has already convicted and found Citizen Nnamdi guilty before trial. It is also against the CJN’s recent assurances given to Intersociety that Kanu’s case will be resolved justly and judiciously. This explains why we held that the mind of the Judge was presidentially abused, biased and corrupted. The Judge was also caught up by the presidentially bullets of hearsay and concocted facts; to the effect that Citizen Nnamdi Kanu sneaked into or entered his mother country improperly.
Our questions are: when has it become an international or national crime for a citizen to bear dual citizenship? If Hon Justice John Tsoho can be so afraid and possibly stampeded presidentially not to grant bail to a political and activist prisoner or detainee bearing
mere dual citizenship; is he not aware of the revolution going on in
the global judicial systems of States to the extent that many have
adopted universal jurisdictions and armed with international arrest and detention warrant licenses? As
recently as few years, domestic courts in Belgium, South Africa and
Senegal have assumed regional and international jurisdictions and issued
and executed international arrest warrants against national, regional
and international citizens or nationals accused of crimes against
humanity in their respective countries. Today, former Chadian military
dictator and butcher; Hissene Habre is in detention in Senegal standing
trial for mass murder he committed while in power in the 80s. Is the
like of Hon Justice Tsoho not leading Nigerian judiciary or its segment
back to the cave?
In all, we urge the new defense legal team of Citizen Nnamdi Kanu not to
waste further time in appealing against the referenced judicial bail
refusal decision of Hon Justice John Tsoho of the Abuja Federal High
Court Three.
Signed:
For: Southeast Based Coalition of Human Rights Organizations (SBCHROs)
Emeka Umeagbalasi
Board Chairman, International Society for Civil Liberties & the Rule of Law & Coordinating Head, SBCHROs
Mobile Line: +2348174090052
Email: emekaumeagbalasi@yahoo.co.uk
Aloysius Attah
Chairman, Anambra State Branch of the Civil Liberties Organization & Media Coordinator, SBCHROs
Mobile Line: +2348035090548
Email: attahcomrade@yahoo.com
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