Ever since some law courts admitted former National Security Adviser Col. Sambo Dasuki (rtd.) and Biafra agitator Nnamdi Kanu to bail and they were not promptly released, there has been lots of hot air released, either backing or attacking their continued detention.

Today, Barrister Audu Bulama Bukarti, lecturer at the Faculty of Law at Bayero University, Kano, writes to say he thinks President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. For those who don’t know Bulama, let us just say he is, in addition to being a lecturer, an author, an advocate, a human rights activist and a recurrent thorn in the flesh of many a government. The Yobe-born but Kano-blessed intellectual giant is a follower of the ‘Yadudu School of Thought’, the name which this Column ‘allocated’ to students of the erudite and learned legal luminary Professor Auwalu Hamisu Yadudu of the same university.

The detention of Col. Sambo Dasuki (rtd.) and Nnamdi Kanu has generated a lot of debate and even criticisms against the Federal Government and the person of the President of the Federal Republic of Nigeria, Muhammadu Buhari (PMB). These criticisms reached their peak after the President’s responses to some questions on the issue in his maiden presidential media chat of Wednesday December 30. Some legal luminaries and human rights activists vehemently contend that the Government violated court orders granting the said accused persons bail.

The Vanguard of Monday January 4 reported several senior lawyers, including the current NBA president, contending that the Government is guilty of disregarding court orders on the issue. Some argue that the Federal Government should have released Kanu or deported him after seven days. These critics have turned the trial of the duo into the trial of the State that is accusing them.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders?
Let us say outright here that the President’s opinion on this matter is in accord with the judgement of the Supreme Court in Dokubo-Asari v. F.R.N. (2007) All FWLR (Pt. 375) p. 558 where the Supreme Court held at page 585 thus:

“…Where national security is threatened or there is the real likelihood of it being threatened, human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.”

This is the law as enunciated by a unanimous decision of the apex court of the land. The law is what the courts say it is, and not what we see in statute books. Therefore, PMB’s opinion on this matter is more in tandem with the spirit of the constitution and the law than that of those senior legal minds and human rights activists.

It is true Kanu was granted bail on October 17. On the day he claimed to have perfected his bail conditions, he was already too late as the Attorney General of the Federation (AGF) had already filed a fresh six-count charge against him. Thus, in law, Kanu was released on bail for the earlier charges and then re-arrested on the new charges, which charge sheet was served on him the day he perfected those conditions.

When Kanu was arraigned on the fresh charges before Justice Ahmed Mohammed of the Federal High Court, he declined to enter his plea and objected to the jurisdiction of the court to try him, accusing the judge of bias. Consequently, the judge rightly disqualified himself and remitted the case file to the Chief Judge for redirection.

Like Kanu, Dasuki and three others were arraigned before the High Court of the Federal Capital Territory by the EFCC on a 19-count charge bordering on money laundering and criminal breach of trust. On December 18 Dasuki and others were granted bail on the said 19-count charge. The former NSA perfected his bail conditions and was released on bail. Later, the government found fresh pieces of evidence against him and he was re-arrested and re-arraigned on a 22-count charge.

He was again granted bail and, after his release, the government re-arrested him at the gate of the court on yet another fresh set of charges.

The law is settled that any bail granted an accused is completely related to the offence(s) for which he is charged. So, if after he has been granted bail the prosecution charges him for another offence for which no bail has been granted and no plea taken, then the accused can be re-arrested.

Some of the lawyers seem to have admitted this leg of the argument. However, the problem they seem to have is the timing of the re-arrest. They opine that even though the Government has a right to re-arrest them on fresh charges, that should not come immediately after release. They further reason that the FG should have lumped the charges together instead of bringing them piecemeal.

Again, these submissions are without any basis. It is within the exclusive prerogative of the prosecution (and not anybody else) to decide whether, when and how to charge accused persons. In these matters, the AGF is the law unto himself! He is not subject to the control of anyone as far as the exercise of his powers is concerned. See State v. S.O. Ilori & 2 others (1983) 2 S.C. 155 and Amaefule v. State (1988) 2 NWLR (part 75) page 156.

One lawyer argued that Kanu should have been released after seven days of detention or deported from Nigeria in accordance with the Immigration Act. The lawyer even initiated an online petition on December 31 calling on the President to resign from office or be impeached for the alleged breaches. It was countered by another petition of Buhari supporters on www.ipetition.com <http://www.ipetition.com>. At the time of writing (noon Friday January , the anti-Buharis have gathered 2,997 signatures in 9 days while the pro-Buharis have gathered 12,343 in 5 days, and still counting.

This aside, is seven days detention and/or deportation the punishments for the offence Kanu is charged with? Kanu is facing a 6-count charge, one of which is treason. By section 41 (c) of the CCA, treason is a capital offence which attracts the Death Sentence. It is a matter of common knowledge that Kanu has threatened to wage war against Nigeria and has taken several steps to make his threat real.

Dasuki, on the other hand, is charged with crimes bordering misappropriation of funds set aside for the procurement of arms to battle the Boko Haram insurgency and illegal possession of firearms. Furthermore, there is the fear he may jump bail; in fact he has said he wants to jet out to receive ‘medical attention’ abroad; the habit of many a high profile figure charged with crime.

And could the opinion of the President in the said media chat influence the judge? It depends: for some judges it may make no difference; for some, it may influence the judge against the accused persons; for yet others, it may influence them in favour of the accused persons (true for judges who want to assert their authority and independence). There is no certainty as to whether and in which way the influence of that opinion goes.

So, finally, we resort again to the Supreme Court “Where national security is threatened…individual rights of those responsible take second place...” and say PMB is right by law. I rest my case.

http://www.dailytrust.com.ng/news/columns/dasuki-kanu-pmb-right-in-law-says-bulama/127913.html

mynd44,lalasticlala,seun

Cool

President Muhammadu Buhari swore to protect this nation on his Inauguration day.
DASUKI,NNAMDI KANU,ELZAk-ZAKHY are threats to our dear nation. We won't allow anyone/group to hold us in to ransom anymore. The Era of impunity is gone and gone for good.

GOD bless my president

GOD bless Nigeria.

It is true Kanu was granted bail on October 17. On the day he claimed to have perfected his bail conditions, he was already too late as the Attorney General of the Federation (AGF) had already filed a fresh six-count charge against him. Thus, in law, Kanu was released on bail for the earlier charges and then re-arrested on the new charges, which charge sheet was served on him the day he perfected those conditions.

The IPOBies wont like this!

Some people still dey doubt?

"In the multitude of counsel, there's safety"

Muhammadu Buhari through the right counsel of some erudite legal luminaries around him is repositioning the country in the way of moderated democracy as against the unmoderated style that has brought impunity and lawlessness into our land. Therefore it can be adduced that those who love impunity and lawlessness are the ones rambling about the present administration.

In a moderated democracy which is the norm in developed countries, the collective rights are promoted above and supreme to the individual rights. For in the word of Abraham Lincoln, those who deny freedom to others, does not deserve it for themselves.

Some people will not like this news at all.

I know the writer might not read my post, but it is good to comment anyway. The executive has no right to interpret the law. The right resides with the judges. In democratic societies, the executive have the only option of appealing the court rulings by quoting the supreme Court pronouncements and convincing the judges to obtain rulings in their favour. Another question is: why is DSS unable to get rulings favourable to them? Why do they rely on unethical approach of discovering new evidence in all the charges; Dasuki, 3 times, Kanu 2 times ? Can't they do there investigation properly before rushing to court.?

Kanu is one man, the Biafrans are many people who are with Kanu.
Find Kanu guilty by hook or by crook kill him as the Nig law stipulates then you have a bigger problem with the Biafran masses.

Why can't we learn from Britain.... They called a referendum on Scotland and the pro Scottish agitators lost. Today they are still one.

Oya let the ewedu eaters invade here and affront the Igbo nation..... But make una no forget say today na Sunday ooo, after the anointing praise and worship.

I have said this like a thousand times. Whatever dasuki or kanu case may be, one thing we will always come back to is our national security. People can say whatever they want or call the president all sorts of names, but they should never forget, no any human right or freedom of speech is greater than our national security. Buhari's greatest responsibility is to protect this country at all costs from internal or external enemies.

Someone should go and tell America that Edward Snowdon exercised his freedom of speech



nuff' said

“…Where national security is threatened or there is the real likelihood of it being threatened, human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.”

This Supreme Court ruling just sealed the whole argument.

Nice one

Bubewilson:
Kanu is one man, the Biafrans are many people who are with Kanu.
Find Kanu guilty by hook or by crook kill him as the Nig law stipulates then you have a bigger problem with the Biafran masses.

Why can't we learn from Britain.... They called a referendum on Scotland and the pro Scottish agitators lost. Today they are still one.

Oya let the ewedu eaters invade here and affront the Igbo nation..... But make una no forget say today na Sunday ooo, after the anointing praise and worship.

You said if they touch any biafran something will happen and then in less that 2 weeks 3 biafrans were killed and nothing happen

You said namumudu cownu cannot be arrested but he was arrested without you burning down the zoo.

Arent you guys tired of chest beating? Take it or leave it, a killer like namdi kanu deserves to be executed without trial. We also have right to self defense

@topic, Ipob should go and kill themselves because there is nothing they can do to save namumudu cownu. This is what happens when you threaten to destroy a country

all this IPOB youth and empty threat are like banana and groundnut..........; D

Kastonkastroll:
I have said this like a thousand times. Whatever dasuki or kanu case may be, one thing we will always come back to is our national security. People can say whatever they want or call the president all sorts of names, but they should never forget, no any human right or freedom of speech is greater than our national security. Buhari's greatest responsibility is to protect this country at all costs from internal or external enemies.

Someone should go and tell America that Edward Snowdon exercised his freedom of speech



nuff' said

True talk! I remember early last year when one certain Dasuki single handedly postponed the elections for sake of national security. Was it not the rights of. Citizens by then to vote and be voted for?.

Well written piece

Front page

APCsupporter:


You said if they touch any biafran something will happen and then in less that 2 weeks 3 biafrans were killed and nothing happened. Can you defend this claim.

You said Nnamdi Kanu cannot be arrested but he was arrested without you burning down the zoo. Do you know how many foreign media aired the Biafran protests on their satellite TV.. Hope you also know that they have drawn attention to Nig and PMB is not helping matters.

Aren't you guys tired of chest beating? Take it or leave it, a killer like Nnamdi Kanu deserves to be executed without trial. 'The federal government of Nig is not even presenting this as a case as there is no atom of lie to support this. Where are you cooking up this one from.

We also have right to self defense. 'Has there been any of your persons attacked and killed by the Igbo's for no just cause ?

@topic, IPOB should go and kill themselves because there is nothing they can do to save Nnamdi Kanu. This is what happens when you threaten to destroy a country. The man is not pleading for his release but rather using the Nig fed govt to gain popularity. Have you asked yourself which country will side Nig in the event of confrontations bearing in mind your recent cases of human rights violations... Which the military has just pleaded guilty to, going by the senseless mayhem they unleashed on Shia Muslims.

OK, I perceive hate for the Igbo's in your comment and at such there is no need to engage you in a dialogue as your brain is shut off from civilized reasoning.
Happy Sunday dear. Jesus loves you.

TonyeBarcanista:

This Supreme Court ruling just sealed the whole argument.

Why cant DSS pursue their case to supreme Court? Meanwhile, remember that it is the judges that will determine if there is a threat to National Security or not. DSS, the President, you or me has not such prerogative.