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Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution - Politics - Nairaland

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Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by Osezua: 11:39pm On Sep 25, 2017
Bruce Fein, Contributor Constitutional Scholar. On September 20, 2017, Nigeria’s Attorney General Abubakar Malami and Acting Chief Judge of the Federal High Court Justice Abdul Adanu Kafarati secretly collaborated in issuing a flagrantly illegal order proscribing the Indigenous People of Biafra (IPOB) as a terrorist organization to provide Dictator Muhammadu Buhari a pretext for genocide against innocent civilian Biafrans because of their Christian religion or ethnicity.

But neither judges, nor attorneys general nor lawyers are shielded from prosecution for genocide or crimes against humanity before the International Criminal Tribunal. The principle that judges or prosecutors can be prosecuted for participation in the enforcement of illegal laws or the issuance of illegal orders that further genocidal objectives was established at Nuremburg in The Judges Trial sub. nom. United States of America v. Josef Alstotter, et al.( Military Tribunal III).

Even non-lawyers would recognize that Justice Kafarati order violated fundamental principles of civilized justice.

It was issued without notice to IPOB.

It was issued without offering IPOB an opportunity to respond.

It was issued after a secret meeting between Attorney General Malami and Justice Kafarati.

It was issued by a tribunal which notoriously operates as an arm of the executive branch through bribery or intimidation.

Victims of the barbaric Spanish Inquisition enjoyed more procedural safeguards against injustice and error than IPOB was provided.

The order was issued under the Terrorism Prevention Act of 2011 which defines terrorism, among other things, as an act or speech which “may seriously harm or damage [Nigeria]…” No actual harm or damage need be proven. An excited imagining of the conceivable is sufficient. Moreover, the definition absurdly transforms the exercise of fundamental human rights into terrorism. Under the 1948 Universal Declaration of Human Rights, IPOB commands a right to freedom of opinion and expression and freedom of peaceably assembly and association. Yet Justice Kafarati’s terrorism order was provoked by IPOB’s peaceful protest of Hausa-Fulani persecution of Igbos and association to obtain a Biafran self-determination referendum. That is the same right Great Britain has recognized for Scotland and Canada has recognized for Quebec.

It speaks volumes that no other nation has listed IPOB as a terrorist organization, including the United States and the United Kingdom. And no civilized system of justice condemns free speech and association as terrorism. In the United States, terrorism is generally confined to the use of force and violence to intimidate a civilian population or to coerce government behavior. In addition, the law in the United States provides listed international terrorist organizations with a right of judicial review before impartial tribunals; and, the Secretary of State is saddled with an obligation to periodically review every listing to determine whether they remain appropriate.

Skeptics of the ongoing Hausa-Fulani genocide of Igbos point to the general absence of public reporting on the indiscriminate killings and torture. But journalists or publishers rightfully fear that publicizing the genocide would provoke immediate and lethal retribution by Dictator Buhari and his Hausa-Fulani armed forces. The available photographic and video evidence of the genocide is convincing even without independent reporting.

History is instructive. Nazi Germany did not respect freedom of the press at their extermination camps like Auschwitz or Dachau. Holocaust claims were initially disbelieved because independent reporting was unavailable. The full truth emerged only belatedly after the Third Reich had collapsed and the death camps were occupied by the Allied Forces.

Participants in torturing the law to facilitate or encourage genocide should recognize their vulnerability to criminal prosecution before the International Criminal Tribunal. They should learn from the Nazi example.

http://m.huffpost.com/us/entry/us_59c9680de4b08d66155044ff/amp

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Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by CrtlAltDel: 11:40pm On Sep 25, 2017
Kikikiki… Bruce Fein again… I talk am this dude just like FFK is yanshing an ipob babe grin grin grin

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Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by nwabobo: 11:41pm On Sep 25, 2017
God bless Bruce Fein.

5 Likes

Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by newyorks(m): 11:45pm On Sep 25, 2017
sad
Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by littlewonders: 11:56pm On Sep 25, 2017
All these stories still won't change anything. When these bias men are ostracise in clandestine not allowing breath next best air. Then the country will in steps begin to see a new moon.
Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by OyinloyeBA: 6:56am On Sep 26, 2017
littlewonders:
All these stories still won't change anything. When these bias men are ostracise in clandestine not allowing breath next best air. Then the country will in steps begin to see a new moon.
Accountability will change everything in Nigeria.
Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by capatainrambo: 7:14am On Sep 26, 2017
good


both of them are muslims


let the few Christian willinh tools keep ass licking them
The hang man is coming for you all

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Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by capatainrambo: 7:20am On Sep 26, 2017
zombies of the BMC pls come and insult Bruce fein. call him ipob too

3 Likes

Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by attackgat: 9:18am On Sep 26, 2017
I thank the Huff Post for continually exposing Buhari as the dictator he is.

2 Likes

Re: Attorney General Malami And Justice Kafarati Vulnerable To Genocide Prosecution by efighter: 10:26am On Sep 26, 2017
Genocide ko, Ibocide ni.

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