How Nnamdi Kanu Scored Own Goal

By Willie Amadi

“As a lawyer, I have never seen in my whole life where a defendant-layman was advised by his lawyers to defend himself in a complex international criminal trial and, worst still, not to submit and streamline his defences in the matter on a mere assumption that the arraignment was based on an alleged non existing law without any judicial proof”

My brother MNK,

I am pained seeing you pass through these processes. I remember with nolstagia, your smiles and humor in the company of  my late great friend and brother, Barr. Emma Mezu whenever you visited his Enfield residence United Kingdom in 2005. You were full of energy and I recall advising you to read law to warehouse the sprawling brilliance I noticed in you. I also observed your disdain for injustice against the blacks in the UK and also the Igbos in Nigeria. I have also keenly followed your determination in the freedom fight for the Ibos with the fear that if not well managed legally and politically, the price to be paid may be high. The surging crowd that believed in your civil and peaceful agitation  for freedom were effervescent but at the same time highly vulnerable with the chances of metamorphosing into a mob and eventually turning into a criminal gang which will  be difficult to debrief eventually. For the first time, I was shocked to see the cult followership when you visited Owerri in August 2012 and paid a courtesy call on my cousin, Chief Paul Nnawuchi, Owe of Owere of blessed memories.

Today, like any other freedom fighter, you are passing through the furnace like a gold which may turn you into a 24 karat gold, but you must remain prayerful, humble, strategic and diplomatic to make it happen.

I lost hope in your trial when Kanu Agabi, SAN, Onyechi Ikpeazu, SAN and Mike Ozhekome, SAN all erudite members of the inner Bar, fully versed in the anatomy of high-wire criminal litigation procedure became disengaged at the most critical moment of your trial, only for content creators to hijack a matter of sensitive criminal and international significance and reduced it to TikTok.

As a lawyer, I have never seen in my whole life where a defendant-layman was advised by his lawyer to defend himself in a complex international criminal trial, and worst still asked not to submit and streamline his defenses in the matter on a mere assumption that the arraignment was based on an alleged non existing law without any judicial proof.

The fact that the arraignment was allegedly brought under either a repealed or ammended law with an inherent SAVINGS PROVISIONS unknown to the  your counsel which states…inter alia

SECTION 98.(1) The Terrorism (Prevention) Act, No. 10, 2011 is repealed.

(2) Any regulation, order, requirement, certificate, notice, direction,

decision, authorisation, consent, application, ongoing cases in the courts, request

or thing made, issued, given or done under the repealed Acts shall, if in force

at the commencement of this Act, continue to be in force and have effect as

if made, issued, given or done under the corresponding provisions of this Act.

(3) Any proceeding, prosecution, sentence, judgment, charge or cause

of action pending or existing immediately before the commencement of this

Act under any of the repealed Act in respect of any right, interest, obligation

or liability, may be continued or commenced, as the case may be, and any

determination of a court of law, tribunal or other authorities or person may be

enforced to the same extent that such proceeding, prosecution, sentence,

judgment, charge, cause of action or determination might have been continued,

commenced or enforced as if this Act had not been made”

The above provisions made it more difficult to adopt the naive strategy by your counsel.

This protracted legal issue under the firm and guided representation of the trio of Agabi, Ikpeazu and Ozhekome would  have made a whole world of difference with new legal jurisprudence espoused thereafter. Your lawyer’s advice for self representation and refusal to defend the charges at the close of prosecution’s case left the court with no other option than to proceed and deliver final judgment and consequent sentencing, was simply an own goal.

However, I believe that there is still good hope, as it is never too late to correct a mistake because the wheel of justice grinds slowly but surely. The Court of Appeal and the Supreme Court being courts of records will timeously evaluate the  judgment of the Federal High Court visa a visa your refusal to defend yourself based on the strange and misguided advice from your counsel.

Going forward, I am of the considered opinion that a new humble beginning with matured wisdom should be deployed by you and your numerous supporters, particularly in the South East as you journey through the Court of Appeal and finally the Supreme Court, while political solutions will continue to be intensified by all men of goodwill.

My prayer is for your good health, protection and pardon as we invite God Almighty to intervene at his time.

It is well MNK.

Be strong

Amadi

LL.B, BL, LL.M, Ph.D in view, Lawyer, Author and Environmentalist writes from Owerri