Summary of my visitation with our Client, Mazi Nnamdi Kanu on Monday 19th July
Last Saturday, when I visited Mazi Kanu, I expressed strong concerns about the inordinate delay in having Kanu sign the two Forms I had taken to the DSS for Kanu’s signature some days before.
Both Forms relate to affirming his consent to consular and diplomatic interventions by the United Kingdom and the her High Commission in Nigeria.
Surprisingly, the Forms were returned to me unsigned.
Let me make it clear that the day I took the Forms to the DSS, the officers on location were amenable to Kanu signing them until somewhere along the line, they tarried and decided to send it to the legal unit for vetting.
So, my sense is that it’s the legal unit of the DSS that disapproved of Kanu signing the Forms for reasons that were not given to me.
As a Lawyer, I don’t see any legal advantage the government of Nigeria stands to gain by blocking Kanu from signing those Forms. The Forms are but a mere routine in matters like this.
Instead of any advantage, the refusal will help fuel the notion that the government of Nigeria is deliberately isolating Kanu from having consular and diplomatic access to the United Kingdom.
It does not comport with the best traditions of fundamental fairness that a detainee is being denied access to resources that will assist him in his defense. This is one of things that will count in our reckoning as this matter continues to fold.
For these reasons, I am now compelled to call on the British High Commission in Nigeria to banish every red tape and exert the full weight of its diplomatic clout in gaining immediate access to Kanu. This is especially important, given the prospects of better welfare, including adequate medical care for Mazi Kanu.
Further, the prompt intervention of the High Commission will mean that Kanu will have another layer of human contact in addition to his legal team who are the only ones currently allowed to see him.
They also returned some Jewish prayer books and clothings we had taken to him last week, explaining that he had to be the one to make the request through a certain department at the DSS that officially caters to his needs.
Ejimakor, Special Counsel to Mazi Nnamdi Kanu, released this Statement on July 19, 2021
The Founder and General Overseer of Living Faith Church Worldwide popularly known as Winners Chapel, Bishop David Oyedepo, has denied the allegation that 40 Pastors include Pastor Savve Noome of Tse Ashinya District, Benue State, were sacked because of low revenue they were generating.
Pastor Noome had made the allegation in a Video that went viral on WhatsApp. The video was backed up with the letter of sack.
But according to the Executive Secretary of the Church, Adebisi Aboluwade, the Pastor was sacked based on performance review, that shows that the Church growth index has fallen drastically.
Aboluwade made available to this news medium the sack letter given to the Pastor to show that it was based on his poor performance and not based on the allegation making the rounds.
On Sunday July 18th 2021, the social media was awash with the sack of the Pastor, with online users lambasting the Church for sacking the Pastor due to low generation of income following an accusation by one of the Pastors.
According to Pastor Peter Godwin, he was sacked by the Church for not generating enough money in his branch.
Godwin claimed that he was invited with about forty of his colleagues by the State’s Pastor on July 1, 2021, and were all sacked over low income in their branches.
He said, “Actually, by the special grace of God, our father in this great assembly, Living Faith Church received a mandate from the Lord to plant 10,000 churches in Nigeria and by the special grace of God, I was privileged to be one of the pastors that were employed on the 28th of August, 2020, that was last year.
“So after that, I started working, engaging myself in the work of the Lord. I tried my possible best to make sure I win souls for Christ but unfortunately, on the 1st of July, I received a call that the state pastor wants to see me, so I thought I was the only one. I was surprised, so I went to his office.
“When I got there, I saw other pastors too, over 40 of them, so I joined them. A few minutes later, we were issued a letter. I opened the content of the letter to see what was there and I saw that it was a sack letter.
Legal luminary and Founder of Afe Babalola University, (ABUAD) Chief Afe Babalola, SAN, has said that under Nigeria’s extant law, the Department of State Services, (DSS) is not a law enforcement agency.
Reacting in a statement in Ado Ekiti on Monday to the invasion of the private residence of the Yoruba Activist, Chief Sunday Adeyemo, aka Igboho, Babalola maintained that it was purely the sole responsibility of the Police to carry out such raid.
According to him, “Given the narrow statutory functions of the DSS, it is highly debatable whether it is even a law enforcement agency within the contemplation of the Administration of Criminal Justice Act.
“Without prejudice to the fact that I do not endorse agitation for the breakup of Nigeria, the fact remains that Sunday Igboho is a citizen of Nigeria and, therefore, enjoys certain fundamental rights enshrined in our constitution.
“Clearly, the powers of DSS as stipulated by the extant laws do not encompass any power of investigating the stockpile of arms, as stated in its public report following the raid.
“Clearly, the invasion of Sunday Igboho’s residence was not in collaboration with the Police or with the knowledge of the Oyo State Governor, Mr Seyi Makinde, who, by the provision of Section 176(2) of the 1999 Constitution, is the Chief Executive of Oyo State, and by virtue of this constitutional provision, also doubles as the state’s Chief Security Officer.
“The invasion of the premises of Sunday Igboho is on the ground of public interest as the stifling of the right to expression can never be said to be in the public interest.
“Even if it is, such operation ought to have been carried out by the police statutorily saddled with the power of prevention and detection crimes, and the maintenance of public safety, law and order.
“The courts have, in the past, made it clear that the DSS lacks powers outside its statutory purview, state security matters.
“In Mufutau Balogun & Ors v. Attorney-General of the Federation (1994) 5 NWLR (Pt. 345) 442 at 456, the Court held thus: “…It must be observed first and foremost that the offences with which the defendants were charged had nothing to do remotely with State security matters while is it true that every citizen, as the said operatives, has a duty to assist in the arrest of offenders, it is the function of the police to investigate alleged offences (other than security matters) in accordance with the law before prosecution takes place if need be.
“The police Act, in particular sections 3-11 are relevant. I find it necessary to refer to section 9 of the Criminal Procedure Act… in the present case, the said N.S.O. operative had no basis upon which they deprived the police of their constitutional right to immediately take over the case and take necessary statement from the defendants in their own office…”
“Certainly, more has to be done concerning the effective administration of the Nigerian criminal justice system. The DSS has no place meddling in the affairs of apprehending perceived offenders, particularly where state security is not being jeopardised.
“Doubtless, the menace of banditry and terrorism by the Boko Haram sect constitutes a greater threat to national security, and is more deserving of the attention of the DSS and other security agencies.
“Our security operatives ought to be held to a higher standard in derogating from the sacrosanct fundamental rights of Nigerians enshrined in the 1999 Constitution and in the African Charter on Human and Peoples Rights.”
The Olubadan of Ibadanland, Oba Saliu Adetunji has disclosed that his Council did not fault Governor Seyi Makinde’s handling of security in the state.
This came after some of his chiefs led by High Chief Lekan Balogun said that the Olubadan-in Council has passed a vote of no confidence on the governor’s handling of security issues in the Pacesetters’ state.
The chiefs had claimed that the governor is running a one man show and does not allow for inputs from traditional rulers in the state.
But in his Oba Sallah message to his people yesterday, the traditional ruler said he never had any meeting with the chiefs where such matter was discussed, noting that the most recent meeting of Olubadan-in-Council was held last Thursday to set agenda for the newly inaugurated executives of the Central Council of Ibadan Indigenes, CCII under the leadership of new President-General, Prince Yemisi Adeaga.
The First class monarch, said in a statement signed by his spokesman, Adeola Oloko that the meeting which he presided over at Popoyemoja, Ibadan palace was not attended by the Chief Balogun, the Otun Olubadan who was credited with the media report faulting the Governor on security.
Oba Adetunji said “All those who attended the meeting under reference would agree that while so many issues were discussed, Seyi Makinde was never part of our agenda.
The monarch contented that apart from the meeting of the Olubadan-in-Council, he did not attend any other meeting under whatever name it is called, and as such the opinion expressed by High Chief Lekan Balogun was entirely his personal opinion which he is entitled to, and not that of the Olubadan or his council.
He said further that if anyone is in doubt, he could reach out for the minute of the meeting under reference. The Olubadan made it clear that right from family compound up till the different traditional councils in Ibadanland, we have consistently held security meetings and briefed appropriate law enforcement agencies as at when due.
The story turned out to be true. The Media was right. The Nigerian Airforce, NAF, High Command was deliberately wrong. It deliberately deceived the Media, and made it look like the story was fake.
It was not.
An Airforce Alpha Jet on operational duty, crashed early Sunday morning somewhere in Zamfara State. But there is good news.
The brave and intelligence-driven Pilot, Flight Lt. Abayomi Dairo, deployed everything he was taught during training, and survived.
Flight Lt Abayomi is, unarguably, a hero in Nigeria’s battle against bandits and its terrorist senior brothers, Boko Haram and ISWAP, as well as their younger brothers, rogue herdsmen and kidnappers.
The story of Abayomi and how he survived is a story like no other since the war on terrorism began in Nigeria. It is the first the public has been told.
He had gone and accomplished an elimination of scores of bandits in the Zamfara area. It is a mission he had undertaken a number of times.
Mission accomplished, he was happily flying back to base, when he came under intense fire power from the terrorist. They got the Aircraft. But not him.
As the Jet was dangerously going down, the young Pilot ejected. He had the frame of mind to. The bandits went after him. But he was smarter than them. Has always been. Hiding under the cover of darkness, his brave heart thumping, they missed him. He outsmarted them.
Then, his phone came in handy. The torch light from the phone. He used it and, gradually, meandered his way to a village. He heaved a sigh of relief, and again, gradually found his way to a Military installation where his excited colleagues, both senior and junior, welcomed him with unprecedented joy.
When Daily Post, and other Online Mediums broke the story of the crash on Sunday, Air Commodore Edward Gabkwet, Director of Public Relations and Information, NAF, denied any such crash. By denying it, the Air Commodore made the Media look stupid and unpatriotic – reporting a military aircraft crash, when there was none. Understandably, he was trying to manage a fluid situation.
But the next day, Monday morning, Gabkwet swallowed his vomit, confirmed the crash, and told the heart-warming story of the gallant Pilot.
In a statement, Gabkwet said: “It is instructive to note that upon receipt of the news of the crash, the Chief of Air Staff, Air Marshal Oladayo Amao, had directed that all efforts must be emplaced to rescue the pilot”.
“Accordingly, NAF Intelligence Surveillance Reconnaissance (ISR) platforms and helicopter gunships provided close air support to NAF Special Forces and Nigerian Army troops who were able to locate the crash site and the pilot’s parachute, while also combing nearby locations for any sign of the pilot”.
“It is gladdening to note that while in hiding, Flight Lieutenant Dairo confirmed that the presence of NAF Aircraft within the vicinity of the crash site helped in scaring the bandits who were after him, thus enabling him to find refuge and escape to a safe location”.
“It is important to also recall that only recently, the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, President Muhammadu Buhari, GCFR, had directed the Armed Forces of Nigeria to do all it takes to flush out criminal elements in Katsina, Zamfara and Kaduna States”.
“It is in fulfilment of this directive that the NAF, in conjunction with surface forces, has in the last 2 weeks mounted intensive day and night air interdiction operations against bandits and their hideouts, especially in these 3 states”.
“Through these intensive air operations, hundreds of bandits have been neutralized and several of their hideouts destroyed”.
“Despite the setback of yesterday’s crash, the NAF remains committed towards fulfilling Mr President’s mandate as well as other constitutional roles assigned to it”.
The Airforce has, in past few months, lost four of its operational Aircrafts to crashes.
The Nigerian Airforce pilot, Abayomi Dairo whose fighter jet crashed on Sunday after facing fire from bandits is alive, according to Nigeria’s Defence Headquarters. The Airforce had earlier denied the crash but later owned up to the mishap.
Briefing journalists on Monday, the Chief of Defence Staff, General Lucky Irabor said Dairo is currently in a medical facility for treatment after he escaped from bandits who were searching for him to kill him after he ejected himself from the aircraft before it crashed.
The Nigerian Airforce has also issued a statement claiming that Flight Lieutenant Dairo, has been rescued after intense gunfire by armed bandits grounded a Nigerian Airforce Alpha Jet aircraft in Zamfara State.
According to the Director of Public Relations and Information, Nigerian Air Force, Air Commodore, Edward Gabkwet, Dairo was returning from a successful air interdiction mission between the boundaries of Zamfara and Kaduna states when the aircraft came under attack and crashed.
The pilot, he said, escaped when he ejected from the aircraft before it crashed, adding that when he landed, the armed bandits gave him a hot chase.
Gabkwet said, “On July 18, 2021, around 12.45 pm, a Nigerian Air Force Alpha Jet aircraft, returning from a successful air interdiction mission between the boundaries of Zamfara and Kaduna states, came under intense enemy fire which led to its crash in Zamfara State.
“Luckily, the gallant pilot of the aircraft, Flight Lieutenant Abayomi Dairo, successfully ejected from the aircraft. Using his survival instincts, the pilot, who came under intense ground fire from the bandits, was able to evade them and sought refuge in nearby settlements awaiting sunset.
“Using the cover of darkness and his phone set for navigation, Flight Lieutenant Dairo was able to elude several bandits’ strongholds and maneuvered his way to a Nigerian Army Unit, where he was finally rescued.”
He said all necessary platforms were activated to rescue the pilot as soon as he notified his base that the aircraft has crashed.
The statement said “It is instructive to note that upon receipt of the news of the crash, the Chief of Air Staff, Air Marshal Oladayo Amao, had directed that all efforts must be emplaced to rescue the pilot.”
Gabkwet stated that the NAF Intelligence Surveillance Reconnaissance platforms and helicopter gunships provided close air support to NAF Special Forces and Nigerian Army troops who were able to locate the crash site and the pilot’s parachute, while also combing nearby locations for any sign of the pilot.
“It is gladdening to note that while in hiding, Flight Lieutenant Dairo confirmed that the presence of NAF aircraft within the vicinity of the crash site helped in scaring the bandits who were after him, thus enabling him to find refuge and escape to a safe location.”
He said there is no going back on President Muhammadu Buhari’s directive to the armed forces to neutralize bandits and their sponsors, adding that many bandits have been killed and their camps destroyed in line with the presidential order.
“It is important to also recall that only recently, the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, President Muhammadu Buhari, GCFR, had directed the Armed Forces of Nigeria to do all it takes to flush out criminal elements in Katsina, Zamfara and Kaduna states.
“It is in fulfilment of this directive that the NAF, in conjunction with surface forces, has in the last 2 weeks mounted intensive day and night air interdiction operations against bandits and their hideouts, especially in these three states. Through these intensive air operations, hundreds of bandits have been neutralized and several of their hideouts destroyed.
“Despite the setback of yesterday’s crash, the NAF remains committed to fulfilling Mr President’s mandate as well as other constitutional roles assigned to it. The willingness, readiness, and tested ability of the NAF remain unshaken and unwavering as it continues to carry out its assigned roles.”
Within two months, the armed forces have witnessed two air crashes, the first being the one that claimed the life of Lieutenant-General Ibrahim Attahiru, former Chief of Army Staff, COAS on May 21.
Ahead the Muslims Salah celebrations many Nigerians have been gripped by fear over the resurgence of the corona virus variant known as Delta. The country is at the verge of the third wave of the virus as authorities warn Nigerians to step up preventive measures.
As one of the precautionary measures, the federal government has directed states government to suspend Durbar celebrations in all the northern states during the Sallah festivity.
This came on the crest of the cancellation, last week, of this year’s Ojude Oba celebrations, by Oba Sikiru Adetona, the Awujale and Paramount Ruler of Ijebuland over fear so that ‘peoples who will converge in Ijebu Ode from all over the world to participate in the ancient and unique socio-cultural and religious festival of the Ijebu nation,” will not be exposed to the virus, a statement issued by the monarch said.
It is the second time that the socio-cultural and religious festival of the Ijebu nation, which also attracts other Yoruba in the South West was cancelled to contain the spread of the deadly virus.
The decision by the Presidential Steering Committee on COID 19, under the leadership of Boss Mustapha, the Secretary to the Government of the Federation, SGF, to place some states in the country under watch has further raised the anxiety to a feverish level.
According to the Committee, the decision to put six states and FCT on red alert is due to the emergence of the Delta variant of coronavirus infection and the rising number of new cases and hospitalisations. The affected states include Lagos, Oyo, Rivers, Kaduna, Kano, Plateau and the nation’s capital, FCT.
A statement issued by the committee, on Sunday said the situation needs immediate action because of the “worrisome early signs of the third wave of the pandemic,” urging Nigerians, particularly the affected to ramp up measures in containing the virus.
Mustapha: SGF
“The PSC, however, warns that all States of the Federation should heighten their state of preparedness and continue to enforce all protocols put in place, given the renowned greater ease of spread of the Delta variant. These steps are critical as we begin to see worrisome early signs of increasing cases in Nigeria,” the Mustapha-led body said.
It urges Nigerians to be cautious ahead the Salah celebrations.
“The PSC felicitates with the Muslim Ummah on the occasion of the Eid-el-Kabir celebration. It however, urges all State Governments and Religious Leaders to be mindful of the potential for wider spread of the virus during large gatherings. The PSC, therefore, recommends the following preventive measures for a safe Eid-el-Kabir celebration: a) Decentralization of Eid Prayer to neighborhood Friday Prayer Mosques (outdoor); b) Suspension of Durbar activities; and c) Observation of limitations on all Indoor gatherings,” the statement said.
The new figures released by the Nigerian Centre for Disease Control, NCDC on Sunday indicate 203 additional COVID-19 cases and one COVID-19 related death recorded, with Lagos state leading the packs with 186 new cases.
States with new cases also include Edo-4, Oyo-4, Rivers-4, the FCT-3 and Kwara-2.
The agency stated that the 203 additional cases represent an increase in infections from the 123 cases reported from seven states and the FCT on Saturday with no death.
The Nigerian Communications Commission, NCC says the telecommunications regulatory agency is yet to renew the mobile operating license of Airtel Nigeria.
This followed a report quoting Airtel Nigeria managing Director, Segun Olusanya, to the effect that the telecoms firm’s license has been renewed by the government agency for another 10 years. The Airtel boss, however said he did not make such statement.
While responding to the issue NCC said the license is yet to be renewed, that the company’s request is still being considered.
This clarification is contained in a statement issued by NCC’s Director of Public Affairs, Dr Ikechukwu Adinde, on Sunday, July 18, in Abuja.
Adinde stated that while Airtel Nigeria had applied for the renewal of the Unified Access Service (UASL) License, the application is yet to be approved as it is still undergoing the required regulatory process.
The statement from NCC reads, ‘’The attention of the Nigerian Communications Commission (NCC) has been drawn to a recent statement on an online publication credited to the Managing Director/Chief Executive Officer of Airtel Nigeria, Mr. Olusegun Ogunsanya, to the effect that the mobile operating licence of Airtel has been renewed by the Commission for another period of 10 years.
‘’Mr. Ogunsanya was said to have made the statement while speaking in Lagos on Wednesday, July 14, 202, during the media launch of Airtel’s corporate social responsibility programme, ‘Touching Lives 6’.
‘’The Commission wishes to state that while Airtel Nigeria has applied for the renewal of the Unified Access Service (UASL) Licence granted to it by the Commission, the application is yet to be approved as it is still undergoing the required regulatory process. This statement is issued for the guidance of our stakeholders,’’ NCC said.
The Air boss said he was misquoted, in a statement issues by the mobile telecoms company, signed by Emeka Oparah, Vice President, Corporate Communications & CSR, Airtel Networks Limited.
The company also stated that its current license has yet to expire. It will be renewable in November this year, the firm said.
The statement reads “During the launch of our flagship corporate social responsibility program titled Airtel Touching Lives, last week, a contrast was drawn between operating license and social license.
“Whilst the operating license is issued by NCC, we stated that a social license is earned by what a company does for its communities. We are very proud of our Touching Lives Program which gives support to the less privileged in our communities.
“However, for clarity, an operating license is always issued by NCC and our current license expires in November 2021. We have applied to NCC for its renewal ahead of this expiry date and the renewal process is in progress but yet to be concluded. We look forward to working with our various communities on the 6th edition of our Airtel Touching Lives Program,” the company said.
The Nigeria Airforce says it has no record that any of its Aircraft, was involved in a crash Sunday morning.
In a breaking news, the Daily Post, an otherwise credible medium, had carried the story that a Military Alpha Jet Aircraft, on operations duty from Yola, Adamawa State, had gone down “somewhere in Kaduna.”
Quoting unknown sources, the medium informed that the jet and its crew were on their way, in pursuit of bandits, when it went down.
Following the footsteps of Daily Post, a number of media outlets carried the same story.
However, the Nigerian Airforce has denied there was any such incident, insisting nothing of that nature was to its knowledge.
NAF’s Director of Public Relations, Air Commodore Edward Gabkwet, explained in an interview that the NAF Headquarters had no such information available to it, emphasising that none of its Aircraft took off from Yola Sunday morning.
“Another way of looking at this whole thing is rhetorical, and that is: Would any reasonable person have said that Kanu jumped bail if his failure to appear at his trial was because he was killed during the invasion?”
The intention of this piece is to examine the long-running notion that Mazi Nnamdi Kanu had jumped bail back in 2017 and thus deserved the extraordinary rendition that recently saw him to Nigeria.
Whether you like Kanu or not, everyone would agree that the only logical way of determining whether he jumped bail or not is to pedal back to the state of affairs before the military invasion of his homestead in September 2017. Here we go:
As of September 2017, Kanu was free on bail on a subsisting court order; his bail was not on personal recognizance but on a bond posted by three sureties; Kanu was neither judicially, nor administratively ordered to be re-arrested for breaching his bail or on account of any new charges filed; and his next hearing date was set for the next month, October 2017.
It is beyond argument that the invasion achieved a complete military routing of Kanu’s home and caused fatalities of twenty-eight people and injuries to many, including to Kanu and his parents, who were present and trapped at the premises during the invasion.
The invading forces also ‘captured’ an undetermined number of occupants of the premises, some of whom are now presumed dead as they have not been accounted for to date. Most significantly, Kanu himself was also unaccounted for until he emerged in Israel several months later.
The inevitable question that arises from the foregoing facts is this: What are the natural or foreseeable consequences of such a lethal military action against a defendant who was free on bail?
The following analysis will provide some answers:
At common law, a bail is simply a binding promise by an obligor/surety to produce a defendant in court whenever required to do so. The money paid by the surety to back up his promise becomes the bond that he stands to lose should he fail to produce the accused when required to do so by the State.
In other words, a bail is a written contract in which the State is the promisee, and the surety is the promisor. The defendant is merely the subject matter (or the res) of the contract. And the fundamental purpose or consideration is to have the accused appear in court by compulsion of the bond posted by the surety.
So, just like any other contract, a contract of bail is subject to universal rules of contract, including – in this particular case of Kanu – an implied covenant on the part of the Nigerian State that it will not in any way interfere with or impair the ability of the surety to produce Kanu whenever required to do so.
This includes the covenant that the State will not take any steps with the the defendant that might increase the risk of his flight from the jurisdiction or constrain the ability of the surety to produce the defendant at his trial.
So, when the Nigerian State which was prosecuting Kanu and thus has an abiding legal interest in his appearing for his trial, ordered her Army to invade Kanu’s home, it breached the basic covenant that required the Nigerian State (or the Federal government) not to create a situation that will make it impossible for the surety to produce Kanu in court.
And given that Kanu’s death, mortal wounding, capture or flight (escape) are the foreseeable consequences of said military invasion that can impact his availability to appear in court, the contractual doctrines of frustration and force mejeure will come into play.
It is trite that the occurrence of force majeure (or superior force) relieves one or both parties from the duty to perform contract obligations. The rationale is simple and that is: The force majeure event – in this case, the military invasion – is a supervening event that was beyond the control or contemplation of the surety or even Kanu when the contract of bail was executed.
It is agreed universally that a military invasion is deemed a typical force majeure event that frustrates a contract under every human legal system. Nigeria (and now Kenya and the United Kingdom) are no exceptions. It becomes affirmative when a party to the contract is complicit in the force majeure.
It can also happen that, in certain scenarios such as this case of Kanu, a unique force majeure event will raise the prospects of another contract killer known as the doctrine of frustration.
Under this time-honored doctrine, a contract (including a bail contract) will be deemed frustrated if its fundamental purpose (assuring appearance of Nnamdi Kanu in court) is destroyed to the point that his appearance in court becomes impossible.
In such event, the the promisor or surety in the bail contract will be discharged from his obligation to produce the accused. Now, you may ask: what is the position of the promisor- the Nigerian State in this whole saga?
A Nigerian State that had Kanu on trial, in the course of time released him on bail posted by another. Then, the same Nigerian State ordered its army to lethally invade Kanu’s home. During the invasion, Kanu was confirmed to be on location, trapped and in line of fire.
Nnamdi Kanu
Kanu is human, so his human instincts to survive will instantly take over and being that the force arrayed against him is greater, that instinct can only be expressed through flight or escape from the immediate scene. And that’s exactly what happened.
And having succeeded in fleeing from the immediate scene of the attack, is it reasonable to expect Kanu not to flee from the broader scene that comprised of the territory of a Nigerian State that controls the Army that invaded his house?
The foregoing are but some of the material factual questions that would have been judicially answered in an adversarial setting, pursuant to an application, before anyone can come to the legal conclusion that Kanu had jumped bail. And such application was made.
But guess what?
The very Court that was supposed to calendar the application to be heard refused to do so and instead proceeded to decide, without taking any evidence, that Kanu had jumped bail, whereupon it issued the bench warrant that grounded the instant extraordinary rendition.
Had said application been heard, the Court – in place of its ruling that Kanu had jumped bail – could have ruled the opposite, and that is: That it is the Nigerian government and its Army that destroyed the ability or duty of Kanu to appear at his trial.
In the same vein, the Court could’ve also ruled that the Nigerian government was in contempt of Court by levying a lethal military invasion against a defendant (a ward of court), who was free on bail granted by such Court.
Therefore, it is against the basic canons of equity and fairness to now allow the Nigerian government to profit from its own wrong of causing Kanu to flee and then turn around to declare him a fugitive. A fugitive from what? Justice or death?
It becomes a double whammy when the same Nigerian government, instead of letting sleeping dogs lie or resorting to the due process of extradition, escalated its sins against Kanu by subjecting him to extraordinary rendition. Does two wrongs make a right?
Another way of looking at this whole thing is rhetorical and that is: Would any reasonable person have said that Kanu jumped bail if his failure to appear at his trial was because he was killed during the invasion?
Ejimakor, an American- trained Lawyer, writes from Alaigbo
