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How Nnamdi Kanu’s Re-Emergence Will Affect Trial - Politics - Nairaland

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How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Blue3k2: 3:26pm On Nov 13, 2018
As the trial of Nnamdi Kanu resumes tomorrow, legal analysts and observers are bracing up for a slew of dramatic scenes that would play out.

These involve varied reactions over the separatist leader’s escape from Nigeria — and the fate of a serving senator and two others who stood sureties for him in April 2017.

Mr Kanu who is facing trial on alleged treasonable offences, appeared recently in a widely circulated video intended to prove among other things, that the leader of the Indigenous People of Biafra (IPOB) survived a military raid at his country-home in Abia State in September, 2017.

But much more than proving this, Mr Kanu’s reappearance will redirect previous debates while introducing new arguments.

Trial Before Kanu’s Disappearance

Before his disappearance, Mr Kanu’s trial sessions witnessed a heavy presence of pro-Biafra agitators, with many of them clashing with military officials in court, for various reasons.

Although, the trial continued after Mr Kanu’s disappearance, the presence of the IPOB members obviously reduced, while military officials mellowed down on the extent of checks on lawyers, journalists and others seeking to attend the trial sessions.

Also ahead of his reappearance, the prosecution and the defence team where enmeshed in a series of allegations and counter-allegations, with the defence team alleging a possible murder of Mr Kanu, while the prosecution demanded the revocation of Mr Kanu’s bail accusing the defendant of violating his bail conditions.

On her part, the trial judge, Binta Nyako ordered Mr Kanu’s sureties to either produce the defendant or risk losing N100 million and going to jail.


“Even if you apply from today till tomorrow, you have only three options: produce Nnamdi Kanu, forfeit the bond (N100 million), or request for time to bring him back to court to face his trial.

“Once you sign to be somebody’s surety, that person automatically becomes your responsibility,” Mrs Nyako said, while talking to a lawyer representing one of Mr Kanu’s sureties, Eyinnaya Aberibe, a Nigerian senator in court.

According to a lawyer, Folarin Aluko, Mr Kanu’s trial can only continue in his presence, based on the provisions of the law.

“Trial in absentia is a procedure unknown to Nigeria’s procedural law. It is obviously a negation of fair trial. The criminal trial therefore cannot proceed until Mr Kanu submits himself to custody willingly or by administrative means.”

Possible Options

But what are the options available for ensuring the return of Mr Kanu, to proceed with his trial?

A Senior Advocate of Nigeria, Simon Ameh, said Nigerian courts cannot give a direct order for Mr Kanu’s return for the purpose of continuing his trial

“Such a thing can only be done through diplomatic agreements, by the two countries. The courts in Nigeria cannot order his return,” Mr Simon said.


The lawyer added that countries are however at liberty to refuse returning a citizen, if they believe that the fugitive is wanted for reasons related to political intimidation.

In a similar opinion, Mr Aluko gave details of constitutional provisions guiding possible extradition measures that might be taken in court.

“Nigeria can apply for Mr Kanu’s extradition to Nigeria, following the procedures laid down in the Extradition Law of the foreign country, and the provisions of Nigeria’s Extradition Act. These processes are subject to constitutional and regional safeguards that secure the fundamental human rights of people from state abuse of the mechanism of extradition.


“Looking at Nigerian law, for example, Section 1 of the Extradition Act provides for the judicial determination of an Extradition Application. The Federal High Court is vested with the jurisdiction by virtue of Section 251 (i) of the 1999 Constitution (as amended), while the Extradition is within the jurisdiction of the Federal Government, by virtue of Item 27 of the Exclusive Legislative list contained in Part 1, Second Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“Moreover, extradition laws all over the world, including in Nigeria, frown on the use of extradition applications for offences that are prosecuted in bad faith, and this includes prosecuting someone for his/her race, religion, nationality or political beliefs.

“Another option open to the federal government is to enter into negotiations with Mr Kanu, given the special nature of his grievances. For example, the prosecution can enter into a plea bargain with Mr Kanu. The Administration of Criminal Justice Act allows a defendant to propose and enter into a plea bargain with the prosecution.

“A plea bargain under the ACJA would however imply an admission of guilt on the part of the defendant,” Mr Aluko said.


The lawyer however warned that Nigeria must comply with the rule of law, regardless of the decision intended to be taken.

In a similar opinion, another lawyer, Ejeh Monday, said the sureties who stood for Mr Kanu, ahead of his bail would bear the brunt of the defendant’s absence if they cannot provide him.

“What Tochukwu Uchendu, Senator Enyinnaya Abaribe and Ben El Shalom; who guaranteed the continuous availability of Nnamdi Kanu for his trial need to do is to provide him on the next adjourned date or ordinarily stand the risk of coughing out the sum in the bail bond to the federal government or stand the risk of, at most, six months imprisonment for failure to so do.”


Mr Monday also spoke on the possibility of a trial in absentia.

“The Administration of Criminal Justice, 2015, already anticipates situations such as this and has some provisions to cushion the effect.

“Section 352 subsection 4 of ACJA provides that when a defendant who is on bail, in this case Nnamdi Kanu, fails to make himself available for trial, the court can continue his trial in his absence and even proceed to convict him if the evidence led by the prosecutor establish the case against the defendant,” Mr Monday said.

He added therefore that the prosecution could demand the continuation of Mr Kanu’s trial in his absence.



Source: https://www.premiumtimesng.com/news/headlines/295406-analysis-how-nnamdi-kanus-re-emergence-will-affect-trial.html

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by CilicMarin: 3:37pm On Nov 13, 2018
Abaribe should be tried and hanged, for aiding and abetting a terrorist.

36 Likes 11 Shares

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by FriendNG: 3:37pm On Nov 13, 2018
I pray Kanu decline to return back so that those who stand with the criminal will lose N100 milion or stay for 6 months in Jail

19 Likes 5 Shares

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Blue3k2: 3:45pm On Nov 13, 2018
“Section 352 subsection 4 of ACJA provides that when a defendant who is on bail, in this case Nnamdi Kanu, fails to make himself available for trial, the court can continue his trial in his absence and even proceed to convict him if the evidence led by the prosecutor establish the case against the defendant,” Mr Monday said.
Even if you apply from today till tomorrow, you have only three options: produce Nnamdi Kanu, forfeit the bond (N100 million), or request for time to bring him back to court to face his trial.

Judge Binta Nyako

The prosecution could continue the trial without Kanu and secure conviction. The extradition process wont stop the ongoing trial. The surities are up a creek with no paddle they have to pay and or go to jail. The Judge does care for their excuses.

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by gidgiddy: 3:53pm On Nov 13, 2018
What I do not understand about the analysis of these so called Lawyers is that not one of them addressed the issue of why Kanu could not come to court in the first place. What they keep harping about is "If the sureties don't produce Kanu"

If Nnamdi Kanu had been killed in operation Python dance, would the sureties have been required to bring his dead body to court for trial? Of course not.

I'm no Lawyer but I know that in Law, there is something called "force majeure". That is when a Surety cannot produce a person in court due to external factors.

When the Nigerian Army illegally invaded Kanu's house, they forced Kanu to flee for his life. By doing so, they have made the job of the sureties very difficult

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by yanabasee(m): 4:15pm On Nov 13, 2018
What are you going to try him for??

He said he's not a Nigerian and Mr President assented to his claims by saying that "Anybody who wants to leave Nigeria should do so"....

Justice Binta, I wonder what will become of her when Buhari finally leaves asorock next year....

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by kanubiafra: 4:44pm On Nov 13, 2018
nigeria has no case against this man. for two whole years the man war here with you in your own cell ,you had him in your grip. and you could not even find him guilty of one thing, your own courts discharged him, you still held him, you changed charges against him severally. we saw your own judges resign from his case for want of evidence, we heard your own judges pronounced "ipob is not an unlawfull org". somehow you managed to bail him. with conditions that will will see him mute, he defied it and shouted his message on the roof tops for the world to hear. next you sent in pythons to execute him "ad gladium" before his court case. and he fled just like mohammed, moses, jesus, mandela, azikiwe etc did. and now you want him back? shame on nigeria

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Kamanuozuzu: 4:52pm On Nov 13, 2018
It still surprises me why nobody is talking about why the Army went to his house to kill him leading to his escape.

In any case, Nigeria will lose.

Interesting times ahead.

58 Likes 1 Share

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by SarkinYarki: 5:00pm On Nov 13, 2018
With new available evidence that Kanu is not in custody of the Nigerian Army Senator Abaribe will have to provide Kanu whom he surtied for in court or lose his property ..Kanu has been a huge disappointment to me and I now consider him a dangerous con artist similar to Buhari ..The Nigerian court should do as it pleases with Kanu we dont care again till Kanu provides a convincing account of where he has been in the last 13 months and how he found his way to Israel and didn't even call his lawyer or Abaribe for 13 good months

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by curfew: 5:03pm On Nov 13, 2018
NK is not coming to the zoo kangaroo court. He is well above that kind of rubbish. Anybody who doesn't like it that way should..

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Cholls(m): 5:06pm On Nov 13, 2018
CilicMarin:
Abaribe should be tried and hanged, for aiding and abetting a terrorist.



4 Likes

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Amumaigwe: 6:11pm On Nov 13, 2018
zeromeridian:
Osibanjo is a common Criminal and a fake pastor. NEMA has exposed him

He is Mr. Leprousy . Show some respect na.

7 Likes

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by gidgiddy: 6:59pm On Nov 13, 2018
Kamanuozuzu:
It still surprises me why nobody is talking about why the Army went to his house to kill him leading to his escape.

In any case, Nigeria will lose.

Interesting times ahead.

That's because Nigeria is not a civilised country. In civilised countries, the military has no business invading a person's house to look for him, this is the job of the Police. Had this sort of thing happend in places like America or Germany, the citizens would be very angry and at least two investigations, one by the police and another by the legislature, would have occurred. The Army that conducted that invasion would have had to come up with a very good reason why it did that otherwise everyone who participates in that illegal invasion would be in court for anything from trespass to murder charges.

But Nigeria isn't a civilised place, that's why people are ready to overlook the crimes of the Nigerian Army against Kanu and are instead asking why Kanu should safeguard his life by fleeing the country where the government is trying to kill him

Nigeria has a long long way to go

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by goodnessme1(f): 7:03pm On Nov 13, 2018
FriendNG:
I pray Kanu decline to return back so that those who stand with the criminal will lose N100 milion or stay for 6 months in Jail
that money is nothing where ipob dey,ipob can pay any amount to have their separate country.

21 Likes

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Stalwert: 7:03pm On Nov 13, 2018
zeromeridian:
Osibanjo is a common Criminal and a fake pastor. NEMA has exposed him


Supper your thief in pieces no amount of lies can tarnish PYO high standing.

5 Likes 1 Share

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by goodnessme1(f): 7:07pm On Nov 13, 2018
gidgiddy:


That's because Nigeria is not a civilised country. In civilised countries, the military has no business invading a person's house to look for him, this is the job of the Police. Had this sort of thing happend in places like America or Germany, the citizens would be very angry and at least two investigations, one by the police and another by the legislature, would have occurred. The Army that conducted that invasion would have had to come up with a very good reason why it did that otherwise everyone who participates in that illegal invasion would be in court for anything from trespass to murder charges.

But Nigeria isn't a civilised place, that's why people are ready to overlook the crimes of the Nigerian Army against Kanu and are instead asking why Kanu should safeguard his life by fleeing the country where the government is trying to kill him

Nigeria has a long long way to go
that is why Kanu called it ZOO

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Obi1kenobi(m): 7:37pm On Nov 13, 2018
Blue3k2:



The prosecution could continue the trial without Kanu and secure conviction. The extradition process wont stop the ongoing trial. The surities are up a creek with no paddle they have to pay and or go to jail. The Judge does care for their excuses.

I absolutely despise Nnamdi Kanu, but the notion that his sureties should be accountable for him despite the obvious mitigating circumstances that led to his fleeing is only possible in a lawless country. It's an absurd argument. Nnamdi Kanu's most fundamental human right is his right to life. The moment the Nigerian army attacked his home, he had the right to fight or flee from the murderous assailants.

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by CilicMarin: 7:40pm On Nov 13, 2018
Obi1kenobi:


I absolutely despise Nnamdi Kanu, but the notion that his sureties should be accountable for him despite the obvious mitigating circumstances that led to his fleeing is only possible in a lawless country. It's an absurd argument. Nnamdi Kanu's most fundamental human right is his right to life. The moment the Nigerian army attacked his home, he had the right to fight or flee from the murderous assailants.

This your position is not tenable in Law.. grin grin Court of Law doesn't entertain emotional tantrums.

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by lastmessenger: 7:51pm On Nov 13, 2018
CilicMarin:


This your position is not tenable in Law.. grin grin Court of Law doesn't entertain emotional tantrums.

I guess the law you are referring to is the sharia law

34 Likes 1 Share

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Blue3k2: 7:56pm On Nov 13, 2018
Obi1kenobi:


I absolutely despise Nnamdi Kanu, but the notion that his sureties should be accountable for him despite the obvious mitigating circumstances that led to his fleeing is only possible in a lawless country. It's an absurd argument. Nnamdi Kanu's most fundamental human right is his right to life. The moment the Nigerian army attacked his home, he had the right to fight or flee from the murderous assailants.

Lol dont know what ur beef is with Kanu but ok. If you feel strongly about this matter file amicus curiae with information you have. The judge heard arguments didn't care. When she does punish surities they can appeal and nothing stopping him from appearing in court. If he doesnt take either option oh well. The surities weren't factored into escape plan.

CilicMarin:


This your position is not tenable in Law.. grin grin Court of Law doesn't entertain emotional tantrums.


Tomorrow just one day away. We'll get to see who's correct. That's only if Binta Nyako doesn't ajourn saying bring him again without doing anything.

2 Likes 1 Share

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Obi1kenobi(m): 8:18pm On Nov 13, 2018
CilicMarin:


This your position is not tenable in Law.. grin grin Court of Law doesn't entertain emotional tantrums.


Which court of law? Nigeria's kangaroo courts?

12 Likes 1 Share

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Obi1kenobi(m): 8:29pm On Nov 13, 2018
Blue3k2:


Lol dont know what ur beef is with Kanu but ok. If you feel strongly about this matter amicus curiae with information you have. The judge heard arguments didn't care. When she does punish surities they can appeal and appearing in court. If he doesnt take either option oh well. The surities weren't factored into escape plan.

The judge is not a robot. They are human with biases. Even the American democracy that are centuries ahead of us, there is such a thing as liberal judges or conservative judges. Or textualists or originalists or intentionalists or pragmatists who can have access to the same facts and come to different judgements.

Sureties/guarantors are punished when the subjects they stand for jump bail to avoid the law. That is the only reasonable way in which they can be punished. It doesn't make any sense for a defendant to be forced to flee a lethal assault on his home, and his guarantors are still held responsible for his abscondment. In your own view, does that make any sense?

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Sweetcollins: 8:31pm On Nov 13, 2018
Ok
Bastard criminals in suits
Tell yourselves the truth and stop disturbing peace loving abaribe and co
What a lawlessly lawless nation

5 Likes

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by omooba969(m): 8:32pm On Nov 13, 2018
I don't know whysmiley, I just love Igbo threads especially anyone that has to do with Nnamdi Kanu. grin

3 Likes

Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Guyman02: 8:32pm On Nov 13, 2018
Yoruba Muslims don't want anyone to mention the Army invasion of his home which is resorting to self help by a party to the case.
Northerners are not bothered about Kanu, but Yoruba Muslims are giving undue publicity to anything Kanu

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Re: How Nnamdi Kanu’s Re-Emergence Will Affect Trial by Benekruku(m): 8:37pm On Nov 13, 2018
The court should sentence the sureties to death and look for five of Kanu's close relative to serve jail term for him in absentia

Simple.

It's not rocket science

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