NNAMDI KANU’S TRAVAILS: A BARE BAIL DEVOID OF LIBERTY BY CHIEF MIKE A. A. OZEKHOME, SAN, OFR, FCIARB, LL.D CONSTITUTIONAL LAWYER AND HUMAN RIGHTS ACTIVIST
I congratulate Justice Binta Nyako for being courageous
enough to even grant bail at all to IPOB leader, Nnamdi Kanu, on health
grounds. This is predicated on the truism that the Judiciary has been so humiliated,
browbeaten, terrorized and emasculated by the Executive, that it takes
extraordinary courage and daring bravado, for a Judge to even grant bail to a
much vilified Nnamdi Kanu, whose only “crime” is that he seeks
self-determination for his repressed, oppressed, suppressed and marginalized
indigenous people of Biafra, a right recognized even by the UNO and AU in all
self – determination instruments.
The catch here however, is that in granting the bail, the
Judge, apparently trying to tread softly, took back with the right hand what
she gave with the left hand. Bail is a constitutional right. It is guaranteed
by section 35(5) of the 1999 Constitution, with or without conditions attached.
But any conditions so attached to bail must be such that the grant of bail is
itself not rendered meaningless and
impotent as in the Nnamdi case. Kanu’s bail
conditions are outrightly stringent, punitive, discriminatory, profiling and
stereotyping. Hear them:
He must produce 3 sureties, who must deposit the sum of
100m each (a ready recipe for corruption).
One of the sureties must be a highly respected Jewish
leader since Kanu practices Judaism as his religion (discrimination on the
basis of religion).
Produce a highly placed person of Igbo extraction
(discrimination on the basis of place of origin and ethnic group).
Produce a respected person who resides and owns landed
property in Abuja (a call for the elitist money bags).
Must not attend any rally or grant an interview (breach
of freedom of movement and speech).
Must not be in a crowd exceeding 10 persons (denial of
freedom of Association).
Must surrender his Nigerian and British passports (denial
of freedom of movement).
Must sign an undertaking to be available for trial at all
times (normal. This is the main purpose of bail).
His wedding ring and reading glasses to be given back to
him (thank God for tokenism).Must provide monthly update on Kanu’s health (yes,
to ensure his health is improving).
Some of the bail conditions are not only troubling,
unsetting and punitive, but are simply unconstitutional, as briefly highlighted
above.
Section 42(1) of the 1999 Constitution provides that
“a citizen of Nigeria of a particular community, ethnic
group, place of origin, sex, religion or political opinion shall not, by reason
only that he is such a person:-
(a) be subjected either expressly by, or in the practical
application of, any executive or administrative action of the government, to
disabilities or restrictions to which citizens of Nigeria of other communities,
ethnic groups, places of origin, sex, religions or political opinions are not
made subject to; or (b) be accorded either expressly by, or in the practical
application of, any law in force in Nigeria or any such executive or administrative
action, any privilege or advantage that is not accorded to citizens of Nigeria
of other communities, ethnic groups, places of origin, sex, religions or
political opinions.
(2) No citizen of Nigeria shall be subjected to any
disability or deprivation merely by reason of the circumstances of his birth.
It is crystal clear from these constitutional provisions
that the stringent bail conditions granted to Nnamdi have clearly discriminated
against him and subjected him to “certain disabilities or restriction” on the
basis of his religion, place of birth, political opinion and ethnic group.
What the bail conditions are simply saying is that it
will be illegal, forbidden and contrary to the bail conditions were Kanu to do
the following:
(a) Kanu cannot be received by a multitude of his village
people, kindred and kinsmen, who have missed his presence since his mindless
incarceration over one and half years ago, contrary to the right to freedom of
Association granted by section 40 of the 1999 Constitution.
(b) That Kanu cannot express his right to freedom of
expression clearly guaranteed by section 39 of the Constitution.
(c) That Kanu cannot exercise his freedom of movement
guaranteed by section 41 of the Constitution.
(d) That Kanu cannot receive sympathizers, well-wishers
and political Associates, once they are more than 10.
(e) That Kanu cannot freely exercise, without being
monitored, his freedom of religion and conscience contrary to section 38 of the
Nigerian Constitution.
(f) That Kanu cannot, at any given time, even in his
household or larger family setting, host more than 10 people (ludicrous;
unnatural!).
(g) That Kanu cannot even visit any hospital to take care
of his health, because the hospital staff of Doctors, nurses, para-medical
staff and other patients, must surely exceed 10 (contrary to section 17(3)(c)
of the Constitution.
(h) That Kanu cannot attend church service or the
synagogue worship to glorify God in thanksgiving for his release, since such
place of worship will harbour hundreds if not thousands, of people (contrary to
section 10 and 38 of the Constitution).
(i) That Kanu cannot even go to a busy motor park,
airport, seaport, Parks and Gardens, Cinema hall, theatre, to transport
himself, watch films or relax, or even go to Shoprite to shop.
(j) That Kanu cannot deliver lectures to students, or
groups, or participate in seminars, workshops, summits, conferences, etc., as
these involve many people.
(k) That by way of summary, Kanu should remain a hermit,
marooned like Robinson Crusoe in the 1719 novel of the same name, by Daniel
Defoe, who spent over 28 years as a castaway, after he was washed up on the
shores of a deserted island, near the mouth of Oronoco River in South America.
Day by day, we subject the Nigerian society to bottomless
ridicule and derision in the comity of Nations. Bail conditions are simply to
ensure the attendance of a person in court, and nothing more. Once excessive or
punitive, bail loses its purpose, function and goal. I urge Nnamdi Kanu’s
lawyers to immediately file an application before the same Justice Binta, for
variation of the bail terms to more favourable ones, that will make Kanu a
human being once more. I urge the Nigerian judiciary to stand up “gidigba”, to
defend the rights of all Nigerians against executive lawlessness, judicial
timidity and legislative rascality.
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