NNAMDI KANU & DASUKI: LAWYER WRITES NBA NATIONAL CHAIRMAN, ACCUSES BUHARI OF INVITING ANARCHY AND INTIMIDATION OF THE NIGERIAN JUDICIARY

An-Abuja based Lawyer has forwarded a strongly-worded Letter to the National President of the Nigerian  Bar Association over the intimidation of the Nigerian Judiciary and subversion of the Nigerian Constitution by President Muhammadu Buhari, calling on the National Leadership of the NBA to rise and condemn impunity. Barrister Johnmary C. Jideobi frowned on the insistence of President Buhari that MR. NNAMDI KANU and DASUKI will remain in detention despite valid Court Order of the Courts to the contrary. Below is the full letter.

   

4^th, January 2016.

MR. AUGUSTIN ALEGEH, SAN,

THE NATIONAL PRESIDENT,

NIGERIAN BAR ASSOCIATION,

NATIONAL HEADQUARTERS,

NBA HOUSE, NO 24 ORO-AGO CRESCENT,

MUHAMMADU BUHARI WAY,                           

GARKI 2, ABUJA

DEAR SIR,

INTIMIDATION OF THE NIGERIAN JUDICIARY, CONTEMPT OF THE FEDERAL HIGH COURT, AND SUBVERSION OF SECTION 287(3) OF THE AMENDED 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA BY PRESIDENT MUHAMMADU BUHARI AND THE IMPERATIVE OF THE LEADERSHIP OF THE NIGERIAN BAR TO RISE UP AND CONDEMN IMPUNITY

1.      It is no longer news that President Muhammadu Buhari on Wednesday being the 30^th of December, 2015 had his maiden Presidential Media Chat where he fielded questions from the Nigerian Media on wide-ranging salient national issues. While the merits or otherwise of the answers proffered by Mr. President should be left to the determination of the citizens as it is outside the intendment of this letter however, I got agitated, as a Nigerian Legal Lawyer who was charged by the Nigerian Chief Justice to defend the Nigerian Constitution, when Mr. President declared two Nigerian citizens undeserving of the bail duly granted them by the Courts of competent jurisdiction. While the High Court of the Federal Capital Territory presided over by My Lord Justice Afem granted bail to the former National Security Adviser, the Federal High Court of Nigeria presided over by My Lord Justice Ademola granted bail to Mazi Nnamdi Kanu, the Leader of the Indigenous People of Biafra (IPOB).

2.      Sir, let put the matter straight before you. I was led in appearance by my Learned Friend and Senior, Barrister Vincent Obeta, for Mazi Nnamdi Kanu on the 17^th December, 2015 when My Lord Justice Ademola J., after a dispassionate consideration of the issues raised in Kanu’s bail application, ordered his immediate UNCONDITIONAL RELEASE from the DSS custody. Sir, as at the time I am writing this letter, Mazi Nnamdi Kanu is still in the custody of the DSS. That subsisting and valid Order of the Court against the DSS has neither been appealed against, vacated nor its execution stayed.

                                                                                        

3.      All along, my thinking has been that the defiant posturing of the DSS was a case of overzealousness on the part of an agent to please Mr. President who is their Principal and Commander in Chief of the Republic. This erroneous thinking necessitated me to write an open Letter to the National Chairman of the All Progressive Congress wherein I urged him to use his good offices to have Mr. President see reasons why he should ensure that the Order of Court made against the DSS is promptly complied with. Alas, I was wrong. On the 30^th day of December, 2015, President Muhammadu Buhari confirmed to the whole world that the continuous detention of the duo, notwithstanding existing valid Court orders to the contrary, is at his own pleasure since they have committed weighty crimes and they would likely jump bail if released. Sir, herein lies the fulcrum of my discomfort as a Nigerian trained Lawyer, this is the heart and soul of my letter, herein lies the meat of the matter.

                                                                                                                                                                                                                                                                                                                                                                                                                             

4.      Since I will be correct to assume that you are a man of sound and capable law, as vindicated by your pedigree and that being so, I would not bore you with many propositions of Law concerning the matter at hand as that would amount to preaching to the converted which I consider most unnecessary. However, for purposes of clarity and completeness, I shall only refresh your memory of such propositions that are indispensable in conveying the message of my letter.

5.      There is no gainsaying the fact that anarchy looms large on the horizon when one Branch of the Government starts making unholy encroachments into the sacred province of the other. Consistent with the foregoing, our Constitution has painstakingly delineated the parameters and scope of the powers of the tripartite arms of government in its Sections 4, 5, and 6. A community reading and conflated interpretation of our laws would amply reveal that all issues pertaining to the grant of bail and entire criminal trial down to pronouncement of guilt or acquittal belongs to the sacred province of the Judiciary. Our founding Fathers and framers of our Constitution, in their profound wisdom, never contemplated any role to be played by the President of Nigeria when the issue before the Court is whether the bail application of an accused person is meritorious or lacking in merit. This sacred duty is wholly at the discretion of the Court which is exercisable within the orbit of well-circumscribed and neatly-defined consecrated principles of law as frequently nourished and expounded by the Nigerian Supreme Court especially in the well-known and often-cited case of BAMAIYI V. THE STATE.

                                                                                                                                                                                                              

6.      Where therefor, for whatever reason, Mr. President forms the view that an Order of Court is unsatisfactory, the only Constitutionally-recognized remedy is an appeal to invite a higher Court to review the decision of the trial Court. After all, the hallmark of our Criminal Justice is the Constitutional safeguard of presumption of innocence. If therefore Mr. President decides to interfere with the civil liberty of citizens in the face of Sacred Court Order to the contrary, Mr. President is inviting anarchy, intimidating the Judiciary and subverting the Constitution of the Federal Republic of Nigeria, which is the fons et origo and the most sacred document binding the entire nation. That is indeed bad for democracy since such defiance does not foster the rule of law, which is the life blood of democracy, rather the rule of man which is an anathema in a modern civilized state. This is what it has crystallized to. To find otherwise will certainly be eyewash.

7.      It is against the background of the foregoing that one is worried that the Nigerian Bar under your Leadership is yet to lift a finger in protecting the dignity of both Our Constitution and our Courts which is now dangling on a perilous cliff. While it is true that the Leadership of the Nigerian Bar may not possibly take a position on all issues afflicting our nation since they are almost overwhelming, it is equally true that the Leadership of the Nigerian Bar cannot afford to look the other way when the organic law of the land is suffering indignity in the hands of the President of our Nation. That would be one indifference rather too many. It is the tradition of the Bar to always rise in protection of the Bench since Judges cannot openly come to defend themselves. However and whatever the Bar under your Leadership does with respect to all the salient issues raised herein would always be a reference point for the future generation of the Nigerian Bar and society. Coming down from the fence and showing a direction is now clearly warranted.

8.      The Constitution itself, in its Section 287 (3), commands all authorities with force, Mr. President inclusive, in the following unmistakable language;

a.      The decisions of the Federal High Court, a High Court and of all other Courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other Courts, respectively. (italics supplied by me for emphasis)

9.      Indeed, the Order of the Federal High Court made on the 17^th December, 2015 to free Mazi Nnamdi Kanu UNCONDITIONALLY has now crystallized as a standing duty on all authorities to enforce, including Mr. President and there is no room for argument, deliberation or discretion in the matter. Since Section 287(3) is part of our Constitution, Mr. President should do well to respect the proclamation of Section 1(1) of the amended 1999 Constitution which eloquently declares that: “This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.” This summarises all I have been saying and very eloquently conveys the statement I have been trying to make all along. I hope I have succeeded in making it and I should be happy if I did.

10.  In Conclusion, Sir, it is good we remember that while it may seem to be Nnamdi Kanu’s turn today, nobody knows whose turn it would be tomorrow. Since law and law only is my constituency, I am only writing in defence of the future of our democracy. I wholeheartedly support the fight against this monster called corruption which has been threatening our economy. All those found guilty must serve the consequences ordained by our laws so that we can end impunity. Our Supreme Court has equally endorsed same in the case of Attorney-General of Ondo State V. Attorney-General of the Federation. Additionally, Section 15 (5) of our Constitution clearly mandates the Nigerian State to “abolish all corrupt practices and abuse of power.” However, in fighting corruption, the caution should be the kind urged by the German Philosopher, Fredrich Nietzsche, and it is that “Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long into an abyss, the abyss will gaze back into you.” All the fights must be within the ambit of the law since fighting impunity with impunity could be counter-productive and bungle the fight. We must not push it too hard lets we have a still birth. This is one instance where we must set forth at dawn.

11.  Please, Sir, do graciously accept the assurances of my esteemed regards.

12.  Yours in the Services of Humanity,

                                                

13.  JOHNMARY CHUKWUKASI JIDEOBI, LL.B (UNN), BL (Abuja).