₦airaland Forum

Legally, yes. Politically, not a wise move.

Only someone who is high on weed will come online to say that Ogun state is more industrialised than Anambra

Nigerian activists and lawyers have berated President Muhammadu Buhari for saying the government will continue to detain two prominent detainees – former National Security Adviser, Sambo Dasuki and the leader of


the separatist group, Indigenous People of Biafra (IPOB) – despite several court orders that they should be released from detention.

During Wednesday’s presidential media chat, Mr Buhari, while responding to a question by PREMIUM TIMES’ Ibanga Isine on the State Security Service’s has continued disregard for court orders on the release of Mr. Dasuki and Mr. Kanu, said the magnitude of their alleged crimes was too grievous that government cannot afford to release them on bail.

Mr Dasuki is facing corruption charges over alleged diversion of $2.1 billion meant for the procurement of arms while Mr. Kanu was charged for treasonable felony.

“If you see the atrocities these people committed against this country, we can’t allow them to jump bail. What of the over two million people displaced, most of them orphans whose fathers have been killed? We cannot allow that,” he said justifying while the SSS re-arrested Mr. Dasuki despite meeting bail conditions fixed by a Federal High Court.

On why Mr. Kanu was still being held, Mr Buhari said: “And the one you are calling Kanu, do you know he has two passports – one Nigerian, one British – and he came into this country without any passport? Do you know he came into this country with sophisticated equipment and was broadcasting for Radio Biafra?”

Most of those interviewed by PREMIUM TIMES believe Mr Buhari overstepped his power by openly defying the judiciary on national television.

Describing the comment as a “national embarrassment”, human rights lawyer, Ebun Adegboruwa, said Mr. Buhari, a former head of a military junta, which ruled the country in the 1980s with an iron fist, proved by his open defiance of the judiciary that he remained a dictator at heart.

“We appreciate the President because he has spoken from his heart and gave us the correct impression of who he is,” he said.

“Under Section 287 of the 1999 constitution, all persons exercising judicial, executive or legislative power must have respect for the order of the court. It is not proper for the president to choose which order to respect or to obey. Given that the president assumed office through the rule of law, it is totally uncharitable to be humiliating the judiciary openly in a presidential chat,” he added.

He said the President’s comment was capable of undermining the judiciary and causing anarchy.

“The reason why this is very difficult is that once we resort to self-rule, once we resort to a situation where the leadership is breathing down lawlessness, then anarchy will come because if a president will not obey a court order, a business man will not obey it, policemen will not obey it.

“It would be promoting anarchy. I am sure in some quarters the SSS people are rejoicing. Overzealous security officials and rejoicing, and perhaps using the President’s comment as reason to put people in custody and breed impunity.”

While asking the President to apologise to Nigeria for making such a comment, Mr. Adegboruwa advised judges not to be intimidated by Mr. Buhari’s comment and to carry on with their job without fear.

Similarly, Lanre Suraju, Chairman of the Civil Society Network Against Corruption, (CSNAC), said the President’s comment was “unfortunate”, adding that his utterance was capable of undermining security agencies in their jobs.



“The utterance of the president yesterday (Wednesday) only shows that there is a government agenda specifically and deliberately skewed to perpetually keep the guy in detention. And that is most unfortunate. That is also not only pitching the judiciary against the executive, it is also showing that there would be a measure of arbitrariness on the part of the executive.

“The case of Nnamdi Kanu is also unfortunate. It is an extra-judicial action. Basically, if he is being charged for treason, there is also certain conditions that needs to be met before bail can be granted. If the lawyers of the government have failed to establish the magnitude of his offence, and the court in its own wisdom has granted that bail, the SSS has no basis and no reason under the rule of law to perpetually keep him in detention,” he said.

Lagos-based lawyer, Jiti Ogunye, said the President’s argument about the severity of the detainees’ alleged crimes is not a justification to disobey court order.

According to him Mr Buhari will be violating Section 287 of the constitution if he refuses to obey court orders.

“I have my gaze fixed on section 287 of the constitution which says that decisions of our courts are bidding on authorities and persons including the presidents,” Mr. Ogunye said.

He, however, added that there was no law stopping security agencies from rearresting a person released on bail if there are facts suggesting that he was involved in another crime.

“Do you know how many offences Dasuki has committed? Do you know whether another charge is being prepared against him now? So would you begrudge the state the right to charge him in as many offences as he has committed in his life time?” he asked.

“There is what is call prosecutorial discretion. It is in the interest of the public that they be charged for every corruption related offence.”

He also berated judges for being soft on politicians facing charges while applying the full weight of the law on other suspects.

“I’ve said fighting corruption is not a theatre. It is not a circus. I’m familiar with the disposition of our court when it comes to granting bails to few cases of people who are alleged to have been involved in bank fraud and for instance have stolen N20 million or whatever, they are remanded in prison custody. The judges would say they are not going to exercise their discretion.

“But in the case of politicians, they would saunter to the court, assured that they are going to be released and then the court will grant them bail. Do you know that Dasuki was first granted bail on self-recognition?”

Similarly, a former Chairman of Nigerian Bar Association (NBA), Ikeja branch, Monday Ubani, said although the president must ensure that the independence of the judiciary should not be undermined, he has a right to express his opinion on certain national issues like every Nigerian.

According to him, what the president was trying to say by his comment was that the judiciary should desist from giving frivolous orders.

“The president has a right to say certain things because he lives in Nigeria and he knows that there some criminal trial since 2007 and up till now we have not gone beyond the preliminary stages. What I’m saying is that our system has an issue. We have not been able to handle our cases in manner that engenders confidence. A lot of cases are muddled up here where as if those cases are taken abroad they are handled within a timeline. So anyone has a right to be angry with what is going on in this country. There is problem with our administration of criminal justice in Nigeria.

“But having said that, the President cannot in anyway interfere with the judicial process. He must allow judicial process to run through,” he said.

Can't people read? The headline of this thread is misleading. Kanu's Lawyer clearly states that Kanu never write an apology letter to anyone. What the simply aknowledged that certain words he used were uncomplimentary. So where is the apology in that?

joromi:
Can you imagine?
I didn't even know this video existed.
You can even see from the video that his fellow igbos see his agitation as Bullshit...

I have seen this video many times same way I heard Kanu talk about radically getting Biafra through force of arms. The man never hid his choice of armed confrontation with Nigeria to achieve Biafra same way he never hid that he would be coming back to Nigeria.


The main issue is, has he actually committed a crime?

He called Nigeria a zoo, insulted Buhari, called for the killing of of non Biafrans, solicited for arms in this video, called for the destruction of Nigeria........


But the question remains "has he committed a crime?'


If you think he has commited a crime then all of you better start reporting your selves to the nearest police station because if "talking" is a crime, we should all be in DSS custody.

bluecircle470:
Did nnamdi kanu n Dasuki flaut any law while they were performing thr illicit act?

Is that for the law courts or for you, Buhari and I to decide?

discusant:
@Barcanista,

[b]Listen to this:

" I freed some slaves, but could have freed many more only if they knew they were slaves."


You are quoting a constitution supervised by only northern Nigeria soldiers who were carrying machine guns while they supervised the drafters of the constitution.


a constitution that is being contested today by much of southern Nigeria, perhaps excluding those southerners who are not sentient to even understand that they are under enslavement through the 1999 constitution- as amended;

a constitution whose flaws, and refusal of the north for amending the relevant flawed portions, led to renewal of agitation for Biafra;

a constitution drafted after Arewa soldiers restructured Nigeria politically by proliferating a whooping 20 federating units (19 states + Abuja) in once one northern region, but only 17 units (states) in once two southern regions. Fraud!!!

This fraudulent political structure created a super-political class in the far north of Nigeria. The super-political class from the far north of Nigeria can in Nigeria's political process urinate into the mouths of the Barcanisters from Kalabari or Ijaw - and no heavens fall for that.

The Nnamdi Kanus fight against this inequity in Nigeria.

In fact, ignorance is a mental disorder.[/b]

I couldn't have said it any better. Most Nigerians don't know that that they have no country or constitution

I have no problem with Ikpeazu. I even like what he has done so far in Abia state. But everyone in Igboland knows he stole the mandate of Alex Otti.

SegzyJoe:
Why do Igbo look for more members for their Biafra? Why are you fighting for others to be part of your scheme. You have refused to learn from history. Are you the only tribe that cut across other tribes, are Yorubas not in Kogi, Edo etc? Why are you fight for others to join you.? Is it greed to take Delta oil or what? But why are u not fighting to take other tribes on your northern border.

Biafra has never been just about Igbos

TonyeBarcanista:
Since the pronouncement of Buhari justifying Nnamdi Kanu and Sambo Dasuki's detention, some people have gone public to abuse the President and seeking to score cheap point. Has Buhari or DSS really violated the law in Kanu and Dasuki's trial?

On Nnamdi Kanu's Continuous Detention
Firstly, I want to make some clarification. At no time did any court "free or clear" Mr Nnamdi Kanu of any charge against him. What Justice Ademola of the FHC(Abuja) did was to vacate the order it first granted to DSS to detain Kanu for three months. The court vacated the order on the ground that it was unconstitutional to hold a suspect in detention for more than three months without charging such suspect to court. In the words of the learned judge;



What the DSS simply did was to detain Kanu and file case in court on charges that borders on treason. In other words, Kanu is no longer being detained without trial as it was before. It is left for him to argue his innocence with the judge. If the DSS had breached the court ruling, the judge would have summoned them for contempt.

Did Kanu Really Commit Treason?
What constitute treason in Nigeria? The offence of treason can be found in sections 37 to 49 of the Nigeria criminal code.

According to section 37(1) of the Nigeria criminal code; Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death. Section 37(2) further stated that Any person conspiring
with any person, either within or without Nigeria, to levy war against the State with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to the punishment of death:.

Through radio biafra, Kanu preached inciting messages and even went as far as soliciting for arms with intent to wage war against the State. This was captured in a video that has gone viral. I think that breached section 37(2) of Nigeria criminal code(in my opinion). It is however left for the judge to make pronouncement.

Kanu was unconditionally released by the high court on the 16th of December. His Lawyer, armed with this court ruling went the next day to the DSS office to effect Kanu's release. He was denied access to his client. The DSS then filed fresh charges against Kanu on the 21st which meant that Kanu was illegally detained for 4 days. Against this backdrop, we have a president who went on air not only to support the flouting of court judgements but also to turn into judge, jury and executioner. This is highly shameful.


When we come to the law you quoted, even a lay man can see it doesn't hold any water. What exactly is "levying war"? Has Kanu actually started any armed struggle? No. Is there any terrorist activity that can be ascribed to him? No. The fact that he solicited for arms in America holds no water because to solicit for arms and to levy war are two different things. Kanu might solicit for arms, but did he get them? Did he levy war? It's like me publicly asking for guns so that I can rob a bank. If I never got the gun and I never robbed the bank, how can you then charge me for a bank robbery that never happend? Nigerians should start using their brains. As for all the inciteful comments Kanu made, his right to freedom of of speech lays them useless.

Amberon:
He was already being released. There's a procedure and he(NK) was signing some documents for release before fresh charges were brought against him.

The high court released Kanu on the 16th. His Lawyer went to the DSS office on the 17th but was denied access to his client. Fresh charges were then filed against Kanu on 21st. What it means is that Kanu spent 4 days in detention while he had a court judgement for his release

Nnamdi Kanu!

DonUjay:
.Those were Corrupt rulers without Integrity

And it is Buhari who commited treasonable felony by overthrowing the democratically elected Government of Shagari, ran PTF to the ground and still has pending allegations of corruption when he was petroleum minister that has integrity?

Anticabal:
1.) He slept with a phantom prostitute maryam ibezimako- That's treasonable

2.) He imported a radio transmitter and hanged it on mtn mast- Serious treason

3.) He signed a phantom apology but only in the secrecy of DSs office- Babanla treason

4.) He called buhari a rapist and a terrorist- Super treason

5.) He chose to eat prison beans in peace than having a judicial charade whose outcome won't be respected- SuperMega treason.

Now what can be more treasonable than all these charges?

Pick up a dictionary and find out what 'treason' means before you open a thread like this. By the way, only a fool will look at a letter anybody in secondary school can write and say it is Kanu that wrote it

HopeAtHand:
Keep standing for the truth. You are a good man.

In the words of Chibike Rotimi Amaechi

"I'm an Igbo man and my language is Igbo"

In the words of Asari Dokubo

"There are only three tribes in Rivers state, Ijaw,Igbo and Ogoni"



Whatever follows is just for political expediency

Anyone here on Nairaland can write any letter and post it on SR or NL claiming to from Nnamdi Kanu. It is a fool who will go on to believe it

DonUjay:
See! a lot of People are just talking Trash! The Truth is that Rule of Law will not take us any where because Nigerians are Goats (i'm talking in General terms now! as there are still 1% few that think like Humans)and need to be treated as such...We need someone who will not treat matters with Kid gloves; we need a stern Ruler

its like Putting a Ban on the use of cane in Public schools of course the resultant effect will be Total Chaos

We had a Gentle Man in Jonathan who proved in effect to be a Lame duck who just sat there Like a Mumu watching all sorts of illegalities and corruption happen in his administration. Enough of this Complaining! if you are not comfortable with PMBs administration, Kindly start Processing a Visa to Maputo in Mozambique because we are tired of your Wailing #AwordIsEnoughForTheWise

You have had "stern rulers" in ever military uniform known to man since 1966. Where has that taken Nigeria?

How can a person be charged for treasonable felony for installing a radio transmitter on an MTN mast?

shachris02:
Trust me, that's the worst thing you could ever do to your director right now.

SH have not taken a personal interest in this story because the see it as a childish indulgent that would phase out with time, but don't force them.

They have have fought with the high and mighty and surely Nnamdi Kanu is not even a match.

There are kanu's records that you sure do not want to be dug up. Kanu has done some really dirty deals in the past, you just do not wanna know. I don't want to put myself on the spot on a public forum, but trust me, there are files and documents.

Yes, Kanu wrote that statement. Kanu's lawyer cannot speak for kanu when kanu is still alive and sane. When the time is right and if requested, the statement would be tendered.

And NO, he didn't make it under duress as we can still sniff a scent or two of his canny egoism throughout the letter.

Kanu is not the man you think he is. He's not even half the man he hypnotized you to believe he is.

You Yorubas keep thinking that Biafra is about Kanu same as you make it out to be about Ojukwu. If a people want to be free, then they want to be free.

Amberon:
I'm lost here.... some people need to be properly informed. Buhari didn't flout no court order. Fine, the Federal High Court ordered the unconditional release of Nnamdi Kanu ONLY BECAUSE there were NO CHARGES LAID AGAINST HIM "YET". And he was to be released until charges were brought against him. I don't know how hard this is to comprehend.

So why wasn't he released as directed by the courts before fresh charges could be filed against him?

912:
I can understand his anger and frustration. Those two dont deserve bail. I know the brainwashed IPOB morons will insult me but its the truth. If you dont want peace for nigeria then you will never have peace. Simple. Let them rot in jail.

I support the president 100%

Insult me if you are a goat

Isn't it for the law courts to decide who should get bail? Your president is so daft that he doesn't even understand what "innocent until proven guilty" means. With Buhari's outbursts, he merely showed the world that he is impartial and has no understanding of the rule of law. Saying that a man came back to his own country without passport but Buharis own Daura people cross into Niger Republic and return to Nigeria without passport every day. Saying that someone brought in transmitters into the country, how does this amount to treasonable felony?

Lest we forget. It is this same Buhari who commited treasonable felony in the early 80's when he kicked out the democratically elected government of Shagari

I laugh at these people. So in effect, what they want to charge Kanu for is checking into a hotel without his real name? Since when has that become illegal?

Gayigaskia:
Freedom fighter from a hotel room with a prostitute?

Kanu's followers are interested in Biafra. They don't care about Kanu's private life.

IQnoCommon:
bros,threatening the lives of Nigerians is not a crime?,telling people to burn down other tribes properties is not a crime?u go school at all?do uno the meaning of treason? I hail o,what happened to Google and definitions?use it before talking guy,go and find the meaning of treason

All of those things are not crimes. They fall under freedom of speech. I have CD's were some gangter-rappers are asking their fans to much worse than what Kanu said. It is not possible to commit a crime just by 'talking'

stone07:
Ordinary a police Sargent in Nigeria will arrest you, torture you and luck you up and nothing will happen. Talk less of Nigeria president tackling u.
You should use your brain to remember we are in Nigeria. Anything can happen here, forget about human rights. No human right here. Who will protect human right? Lawyerso?

So why is anyone surprised when Nnamdi a Kanu calls Nigeria a zoo?

MXrep:
why are those supporting buhari not ashamed that he was defeated in the courts??

Because it is the constitutional right of anyone to call Nigeria a zoo

Buhari, by his comments, showed he is still an unrepentant tyrant. What is shocking is how angry Buhari became at the mention of Kanu's name.

Buhari said that Kanu has dual British/Nigerian nationality. So what is the big deal how Kanu came into Nigeria since he is a Nigerian citizen?

Buhari said that Kanu brought in sophisticated equipment to broadcast cast about Biafra. How is this treasonable felony? Does Buhari even know what treasonable felony means? Is there any special license needed to import broadcasting equipment? And when has it become illegal to talk about Biafra? Buhari is indeed a dullard

Many Nigerians think with their anus. Buhari cannot do anything to Nnamdi Kanu. Buhari is subject to the rule of law just like anyone else. Only the law court can pronounce anyone guilty. Kanu remains innocent until proven guilty. The charges against Kanu are laughable. Anyone who knows the law know the Nigerian authorities have no case.


I challenge anyone to state one thing Kanu did wrong? This is a man who has pledged his life to freedom fighting, detention does not scare him.

actoor:
Did you read the content at all?
An apology letter not a verbal speech. Okay?
Awon Omo irankiran.

Don't you think that if Kanu had apologised through a letter. A copy of that letter would have been circulated to all the media houses with Kanu's signature on it? Where is the picture of Kanu's hand written statement with his signature? Kanu's Lawyer has already refuted this story anyway

Anyone who thinks that Kanu would apologise at a time when he is riding on a crest of national attention and popularity must have his or her head examined.