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, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

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. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me 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 during Yar'dua regime. 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 cool, 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. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

K

like Are U for REAL?

Nice write up

I am for real. There are many more hard truth Umunnem kwesiri ima (my brothers need to know)

A

PASCHAL28:
I am for real. There are many more hard truth Umunnem kwesiri ima (my brothers need to know)

Bros, I really admire you awareness and enlightenment.

But unfortunately you cannot convince a drunk man. U cant convine a deluded man. Sentiment is stronger dan knowledge.

Nigerians down south hate Buhari with a passion so no mata wot, Buhari is wrong by default.

Once again, thanks for displaying such objectivity.

PASCHAL28:
I am for real. There are many more hard truth Umunnem kwesiri ima (my brothers need to know)

right now there is no court order or any lagal order holding Nnamdi Kanu, do you know waht it is called? Illegal detention..... It is either he is charged to court or send to prison, but right now he is illegally detained in DSS custody with the order from Buhari, while they go maybe on jumia or Konga to shop for more charges....... we are not saying that he shouldnt be detained, charged to court and punished if found guilty but all we are saying is for them to do things in a civil and matured way in the ambit of the law.......... Or is Nigeria really a zoo?

You are one in a million.

A rare Igbo man that is devoid of the usual and well known characteristics of other igbos.

We have told the ignoramuses severally that National Security outweighs human right or human left.

That is the reason why Belgium can lock down the whole country for 3days and no one can sue the government.

Some wailers, ipods, PDP e-morons etc should educate themselves more rather than just wailing in.the name of trying to look like opposition.

In case some people have forgotten, Mr. VP is a Professor of Law and the wailers had better be more grounded in the law matters than they are now.

PASCHAL28:
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, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

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. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me 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 during Yar'dua regime. 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 cool, 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. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

Nwanne, thank you so much for your time and effort to explain all these to those ppl who are ignorant and those who know but have refused to say the truth. You are a true son of Igbo land and good representative of Nri Kingdom. When ppl talk, you will know where they come from and what they are up to. Nri is the true ancestral home of Ndigbo and you have represented Ndigbo rightly. " Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened to the press statement.". Ojukwu and Sullivan Chime never supported Jonathan, Ikemba advised us to support the north so the north will support us in 2015. But Peter Obi and Co deceived Ndigbo for his personal & selfish interest and this led us to the worst political defeat. Today, where is that peter obi that told us that APGA is Igbo party

Nice write up Op. I foresee a counter thread

brize:
right now there is no court order or any lagal order holding Nnamdi Kanu, do you know waht it is called? Illegal detention..... It is either he is charged to court or send to prison, but right now he is illegally detained in DSS custody with the order from Buhari, while they go maybe on jumia or Konga to shop for more charges....... we are not saying that he shouldnt be detained, charged to court and punished if found guilty but all we are saying is for them to do things in a civil and matured way in the ambit of the law.......... Or is Nigeria really a zoo?

but DSS custody is already prison....you want them to send him to normal prison with dangerous people in it...??..

you want to feed his asss to jimoh and his goons,or what??..

he is already facing death-sentence,,,,have mercy on him.....

tsdarkside:


but DSS custody is already prison....you want them to send him to normal prison with dangerous people in it...??..

you want to feed his asss to jimoh and his goons,or what??..

he is already facing death-sentence,,,,have mercy on him.....

thats how baboons reason

brize:
thats how baboons reason

jimoh and his goons dont have time to reason...they only see you as their new braid,that talk too much....

PASCHAL28:
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, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

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. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me 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 during Yar'dua regime. 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 cool, 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. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

you see my friend, one fundamental flaw in that particular supreme court judgement is the fact that the so called "National security threat" is subject to the interpretation of the very executive arm of government that is doing the accusing. This is a very dangerous precedent and should be discouraged. The executive should never have the final say on what constitutes a genuine "national security threat" because it could be subjected to very serious abuse

PASCHAL28:
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, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

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. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me 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 during Yar'dua regime. 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 cool, 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. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

****

It is intellectually irresponsible to intertwine the case of Sambo Dasuki with that of Nnamdi Kanu. Besides, Dasuki case is a matter of embezzlement which Muhammadu Buhari benefitted in one way or the other. It is only in country with absolute no future that mere embezzlement of fund or agitation of independent state becomes a matter of national security. May I ask what charges have been brought against Boko Haram fighters? Why have those people such as Muhammadu Buhari who had spoken in favor and on behalf of Boko Haram, which is a brazen threat to the so-called national security, not been arrested?

brize:
right now there is no court order or any lagal order holding Nnamdi Kanu, do you know waht it is called? Illegal detention..... It is either he is charged to court or send to prison, but right now he is illegally detained in DSS custody with the order from Buhari, while they go maybe on jumia or Konga to shop for more charges....... we are not saying that he shouldnt be detained, charged to court and punished if found guilty but all we are saying is for them to do things in a civil and matured way in the ambit of the law.......... Or is Nigeria really a zoo?

It is people like you that are making things to be more difficult for Kanu. Kanu has regretted calling Nigeria Zoo, but you have choose to continue. Let go man! Biafra is dead on arrival.

Mr writer, this your post has so many flaws, but I will pick on the most outstanding one, please what do you mean by national security being threatened,because all biafra's protest has been a peaceful one, they are just asking to be heard and given freedom which they are entitled to, Nigeria is not the first place it has happened. I believe you are young because you cannot tell me you know the history of Nigerian and Biafra and you are writing this thrash of a write up. O di kwa egwu o.!!!!. Even if you are right why will they not allow Kanu's doctor see him, is that one under the law too. People sef, I tire o.

My brother, what else would I add that you have not included. Yours is to talk, their is for them to hear and be wise.

tsdarkside:


but DSS custody is already prison....you want them to send him to normal prison with dangerous people in it...??..

you want to feed his asss to jimoh and his goons,or what??..

he is already facing death-sentence,,,,have mercy on him.....

guy u funny o, who is jimoh?

brize:
right now there is no court order or any lagal order holding Nnamdi Kanu, do you know waht it is called? Illegal detention..... It is either he is charged to court or send to prison, but right now he is illegally detained in DSS custody with the order from Buhari, while they go maybe on jumia or Konga to shop for more charges....... we are not saying that he shouldnt be detained, charged to court and punished if found guilty but all we are saying is for them to do things in a civil and matured way in the ambit of the law.......... Or is Nigeria really a zoo?

Illiterate, no wonder you are an ipob memeber. Its 100 percent legal arrest a person with new charges after granting him bail for the previous one

@Op: If not that NIPOST has stopped functioning long ago, I would have sent you a carton of your favourite beer. Nice write up.

kropotkin2:
you see my friend, one fundamental flaw in that particular supreme court judgement is the fact that the so called "National security threat" is subject to the interpretation of the very executive arm of government that is doing the accusing. This is a very dangerous precedent and should be discouraged. The executive should never have the final say on what constitutes a genuine "national security threat" because it could be subjected to very serious abuse

The judiciary has already abused their independent if Nigeria could get justice in UK. Ibori's case has shown us that our justice system is a complete joke and our judges are animals.

Long life for the president

God bless Buhari

God bless Nigeria
Amen.

Cc: lalasticlala seun mynd44 OAM4J

DM me if this reach fp

Paschal28

What is national security and who is empowered to decide what amounts to national security within the ambit and interpretation of the law?

Exactly how is the security of the country threatened by a demand for separation? How many people has Nnamdi or anyone by his instruction killed? What charges are against him presently?

There is a valid and subsisting order of court releasing him unconditionally! Subsequent charge to another court saw the judge bow out because Nnamdi Kanu did not see justice being served and rightfully so!
Invariably, there is nothing against him now and the order for immediate and unconditional release is still valid and subsisting!

Don't come here to preach sanctimonious crap if u are not abreast with the working of the law and the courts please. It is the position of the law that when a person is arrested he must be charged to court not later than 48hrs his arrest to be detained or admitted to court pending investigation/trial. He has been released unconditionally and no charges currently read against him so what is the justice in his continued detention?

Is it proper procedure to detain a suspect ad infinitum while shopping for charges and evidence especially when a pronouncement for his release has been made?

Do not begin to justify selective tyranny and impunity because in due time it will become the norm rather than the exception and then there would be no law to run to for cover because it has been regarded as expendable and so expended.

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brize:
right now there is no court order or any lagal order holding Nnamdi Kanu, do you know waht it is called? Illegal detention..... It is either he is charged to court or send to prison, but right now he is illegally detained in DSS custody with the order from Buhari, while they go maybe on jumia or Konga to shop for more charges....... we are not saying that he shouldnt be detained, charged to court and punished if found guilty but all we are saying is for them to do things in a civil and matured way in the ambit of the law.......... Or is Nigeria really a zoo?

Egbon Brize, If it is the presidency that you want, come and collect it and do it like that. #iStandWithBuhari

kokoA:
Egbon Brize, If it is the presidency that you want, come and collect it and do it like that. #iStandWithBuhari

this ur comment is a hit back to backv

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