Kanu alleged a serial executive
and judicial fraud being perpetrated against him since 2021 when he was
extraordinarily renditioned.
The IPOB leader claimed that his
matter is deliberately being shielded from judges and justices who can deliver
impartial judgments that may lead to the Federal Government losing in court.
Kanu is currently facing trial
before Justice Binta Nyako of the Abuja Federal High Court on terrorism-related
charges.
He has been detained since 2021
when he was subjected to extraordinary rendition from Kenya to Nigeria.
Since his return to Nigeria, the
Appeal Court in Abuja had discharged and acquitted him of all charges against
him.
Despite the ruling, the Nigerian
government has refused to grant Kanu freedom.
Meanwhile, there has been some
back and forth with Justice Nyako over the handling of his matter.
In 2024, Kanu had challenged
Nyako to step down from his trial because he lacked confidence in her judgment.
Responding, the judge recused
herself, but the Chief Judge of the Federal High Court, John Tsoho, insisted
that she should continue with the matter.
Last week, Justice Nyako
adjourned the matter indefinitely.
However, in an open letter he
personally signed, Kanu said:
“I have been compelled by the
events of the past few days to take the unusual step of writing this Open
Letter for the singular purpose of calling the attention of the general public
to the serial executive and judicial fraud being perpetrated against me since
my extraordinary rendition in 2021. The details are as follows:
“In a judgment entered on 1st
March 2017, the Federal High Court Abuja ruled that the ‘IPOB is not an
unlawful group.’ At the time, it received widespread publicity which can be
verified. This landmark ruling (made by the court before it turned unjust)
emanated in a criminal proceeding that required ‘proof beyond reasonable doubt’
and in which the Federal Government and my humble self presented our respective
cases. Alas! Instead of the Federal Government to go on appeal as the law
mandated (if they are dissatisfied with the judgment), the former Attorney-General
(Abubakar Malami) went behind closed doors with a letter signed by late Abba
Kyari and got IPOB proscribed/tagged a terrorist group in an ex parte
proceeding conducted without notice to me or to the IPOB. This abominable
incident was the earliest sign yet that the government and its judiciary have
struck an unholy and fraudulent alliance to deny me my rights and thereby
imperil the lives and liberty of millions who identify with IPOB.
“On 26th October 2022, a Federal
High Court declared my extraordinary rendition and detention as
unconstitutional, stating that: ‘the manner of arrest and detention of the
Applicant (Mazi Nnamdi Kanu) in Kenya, his continued detention in Abuja, his
subjection to physical and mental trauma by the Respondents, the inhuman and
degrading treatment meted out to the Applicant amounts to a brazen violation of
the Applicant’s fundamental right to dignity of his person and threat to life
under Section 34 (1)(a) of the 1999 Constitution of the Federal Republic of
Nigeria (as amended).’ The Court further ordered the Federal Government to
apologize to me and pay me compensation. In a responsible and well-ordered
society, run by a responsible government, this judgment is sufficient to have
ended my lengthy detention and encouraged the Federal Government to
constructively engage me on the issue of the self-determination agitation that
triggered this whole saga.
“Pedal back to 13th October 2022
when the Court of Appeal held that: ‘The Courts must never shy away from
calling the executive to order when they resort to acts of “executive
lawlessness.” The duty of the Courts is to maintain a balance between ensuring
that law and order is obeyed and the protection of the individual from
oppressive actions by the executive. By the forcible abduction and
extraordinary rendition of the Appellant (Mazi Nnamdi Kanu) from Kenya to this
country on the 27th day of June 2021, in violation of international and state
laws, the lower Court or indeed any Court in this country is divested of
jurisdiction to entertain charges against the Appellant.’
“Despite the clarity of this
judgment and its comportment with reason, the Federal Government refused to
release me from detention while it went behind closed doors and connived with
three other justices of the Court of Appeal who fraudulently and swiftly sat on
appeal over the judgment and practically destroyed it by issuing what they
termed ‘a stay of execution.’ One may then ask: Is it not abominable for a
court to stay a judgment the government already disobeyed? In a plethora of
cases, the Supreme Court has held that anybody who disobeys a related court
order cannot be given any judicial relief until such order is obeyed. This is
sound reasoning that applies to everybody but is fraudulently overlooked when it
comes to my case.
“Fast forward to 15th December
2023 when the Supreme Court sent back my case to the Federal High Court for
trial. For avoidance of doubt, that was not the only decision the Supreme Court
made. It also decided that my bail should not have been revoked and it went on
to state clearly that the judge exhibited significant and unacceptable bias by
revoking my bail. In a sane society, one would expect that when the High Court
received my case from the Supreme Court and hankered down for trial, it was
also duty-bound to restore my bail in line with the pronouncement of the apex
court. But that did not happen. Why? Well, your guess is as good as mine and
that is: the Court connived with the Federal Government to continue my
detention in violation of Section 287 of the Nigerian Constitution while they
plotted to railroad me through an unfair trial that already has a predetermined
verdict.
“To conclude this Open Letter,
let me make it clear that it should in no way be construed to mean that there
are no decent judges in Nigeria that can be trusted to deliver even-handed
justice in my case. That is not the issue.
“Instead, the issue is that my
case is deliberately being shielded from judges and justices that are deemed to
be committed to doing justice even when it means that the Federal Government
must lose.
“Be that as it may, if it will
take the rest of my life in detention to produce me before a proper and
impartial court, so be it. But let me say this for the world to know: I will
not succumb to any trial conducted by any judge or court whose jurisdiction
does not pass constitutional muster. Not now, not ever.”