SBCHROs Names Nnamdi Kanu-A
Prisoner-Of-Conscience On Account Of His Continued Persecution By Buhari &
Bail Denial By Justice John Tsoho
(Onitsha Nigeria, 30th January 2016)-The Southeast
Based Coalition of Human Rights Organizations (SBCHROs), coordinated by Intersociety, and comprising the
following ten rights organizations:
International Society for Civil Liberties & the Rule of Law (Intersociety),
Anambra State Branch of the Civil Liberties Organization (CLO), Center for
Human Rights & Peace Advocacy (CHRPA), Human Rights Club (a project of
LRRDC)(HRC), Forum for Justice, Equity & Defense of Human Rights (FJEDHR),
Society Advocacy Watch Project (SPAW), Anambra Human Rights Forum (AHRF),
Southeast Good Governance Forum (SGGF), International Solidarity for Peace
& Human Rights Initiative (ITERSOLIDARITY) and Igbo Ekunie Initiative (pan
Igbo rights advocacy group), have firmly resolved to name Citizen Nnamdi
Kanu as a prisoner-of-conscience (POC).
For the fact that Citizen Nnamdi
Kanu
has never killed anybody (use violence) or
authorized anybody or group to kill (advocated for violence); for the fact that
he was arrested and detained for 98 days without trial contrary to Sections 35
(4) (a) (right to personal liberty), 33 (right to life), 34 (right to dignity
of human person), 36 (right to fair hearing) and 41 (right freedom of movement) of the 1999
Constitution and Articles V,VI,VII and XII of the African Charter on Human
& Peoples Rights (ratified and domesticated by Nigeria in 1983); for the
fact that the Nigerian authorities led
by President Muhammadu Buhari have flouted with impunity and reckless abandon
several court decisions bordering on protection and enforcement of these
constitutional rights of the detained Prisoner-of-Conscience; for the fact that
Citizen Nnamdi Kanu’s arrest and detention was politically motivated and
ill-conceived; for the fact that he was arrested and detained and is being persecuted
for his non violent political and social thoughts; and for the fact that the
mind of the trial Judge; Hon Justice John Tsoho was possibly abused, biased and
corrupted presidentially, leading to the Judge convicting Citizen Nnamdi Kanu
before trial (his choice of words); upon which Citizen Kanu was denied his long
awaited and deserved bail; Citizen Nnamdi Kanu eminently deserves the
local and international status of a prisoner-of-conscience.
For the purpose of refreshing the minds of all and sundry particularly
the Nigerian democratic forces, Prisoner of Conscience (POC)
is a term coined by Peter Benenson; founder of Amnesty International, UK in a
28 May 1961 article (“the Forgotten Prisoners") published in the London Observer
Newspaper. The term refers to anyone
imprisoned because of their race, sexual orientation,
religion, or political views; expressed or conducted non-violently or in
peaceful manners. It also refers to those who have been imprisoned and/or
persecuted for non-violent expression of their conscientiously held beliefs. Amnesty International, UK regards prisoners of conscience as
political and activist prisoners (non
white collar or street criminal suspects) or jailed
international or national citizens who have been jailed or imprisoned by
repressive and suppressive political authorities because of their political,
religious or other conscientiously-held beliefs, ethnic origin, sex, color,
language, national or social origin, economic status, birth, sexual orientation
or other status, provided that they are non violent and peaceful and have
never sanctioned the opposite.
The Myanmar’s leading pro
democracy activist and Nobel Laureate, Ms Daw Aung San Suu Kyi is one of the
world’s recognized prisoners-of-conscience and was an Amnesty International’s prisoner
of conscience (POC) from 1989-1995;
2000 to 2002; and 2003 to 2010. Though she is banned by her country’s
repressive military rulers from standing for Myanmar’s presidency since 1988
when her National League for Democracy (NLD) was heading for a landslide
victory before the country’s military junta struck and annulled same; but her campaigns
for restoration of democracy, civil liberties and rule of law in Myanmar
recently paid off leading to full return of democracy and inauguration of its
first post military’s democratically elected parliament this 1st February
2016. Though banned from holding presidency seat for now; but Ms Suu Kyi; 70,
is expected to be President of her country by proxy with her NLD having won 80%
of the parliamentary seats.
Beyond naming Citizen Nnamdi Kanu
a
prisoner-of-conscience; plans by SBCHROs are also on the way to formally write and appeal to
the likes of Amnesty International, UK, the Human Rights Watch, USA and the Society
for the Threatened People, Germany, etc to also adopt Citizen Nnamdi Kanu as a
prisoner-of-conscience or be given or accorded with equivalent (s) status.
As SBCHROs’ prisoner-of-conscience, Citizen
Nnamdi Kanu will remain under our local, national and global campaign
searchlight until he is freed, discharged and acquitted of the ongoing phantom
charge of treasonable felony.
Further condemned in strongest
term is possible voice of Jacob and hand of Esau in the disagreement that
erupted in the legal defense team of Citizen Nnamdi Kanu to the extent that it
also contributed in part to denial of bail of the detained prisoner-of-conscience by
Hon Justice Tsoho; occasioned by poor bail application and watery argument by
one of the defense counsel. The recent open-letter to the EU Parliament
written from prison by the detained Prisoner-of-Conscience; in which he
disclosed how he was tortured and maltreated by DSS while in its captivity
clearly contradicted the recent account of one of his defense counsel, who said
Citizen Kanu was never tortured or maltreated by DSS and that he was even
cracking jokes with his captors. Comparing the former with the latter, it is
mostly safe to suspect another voice of Jacob and hand of Esau. Though
Citizen Nnamdi Kanu’s bail bid was lost, but the most striking part of the last
court proceedings was judicial resolution of the authenticity of Citizen Kanu’s
defense legal team in his physical presence and under his written
authorization. In all these, the Federal Government’s age-long divide-and-rule
tactics may most likely be at work.
We are also saddened and shocked by Hon Justice
John Tsoho’s reported resort to use of convictable and uncouth choice of words;
upon which he based his bail refusal ruling. In over seven reports of
journalists particularly judicial reporters perused in the course of our fact
finding on the proceedings under reference, the same convictable and uncouth choice of
words was reported to be used by the trial Judge. Hon Justice John
Tsoho was specifically reported by several media sources as having said the
following judgmental words “(Nnamdi) Kanu is a threat to national
security, and as a result will not be granted bail”. He reportedly held further
that “if released, Kanu may commit the
same offence again, and that “there is a probability that he may jump
bail because he possesses dual citizenship”. The judge conclusively ruled that
Kanu be remanded in prison custody, and ordered an accelerated hearing of the
case.
If it is true that the trial judge used such
biased and judgmental words on post arraignment bail application ruling; then the
Judge has already convicted and found Citizen Nnamdi guilty before trial.
It is also against the CJN’s recent assurances given to Intersociety that Kanu’s
case will be resolved justly and judiciously. This explains why we held that the
mind of the Judge was presidentially abused, biased and corrupted. The
Judge was also caught up by the presidentially bullets of hearsay and concocted
facts; to the effect that Citizen Nnamdi Kanu sneaked into or entered
his mother country improperly.
Our questions are: when has it become an
international or national crime for a citizen to bear dual citizenship? If
Hon Justice John Tsoho can be so afraid and possibly stampeded presidentially
not to grant bail to a political and activist prisoner or
detainee bearing mere dual citizenship; is he not aware of the
revolution going on in the global judicial systems of States to the extent that
many have adopted universal jurisdictions and armed with international arrest and
detention warrant licenses? As recently as few years, domestic courts
in Belgium, South Africa and Senegal have assumed regional and international
jurisdictions and issued and executed international arrest warrants against
national, regional and international citizens or nationals accused of crimes
against humanity in their respective countries. Today, former Chadian military
dictator and butcher; Hissene Habre is in detention in Senegal standing trial
for mass murder he committed while in power in the 80s. Is the like of Hon
Justice Tsoho not leading Nigerian judiciary or its segment back to the cave?
In all, we urge the new defense legal team of
Citizen Nnamdi Kanu not to waste further time in appealing against the
referenced judicial bail refusal decision of Hon Justice John Tsoho of the
Abuja Federal High Court Three.
Signed:
For: Southeast Based Coalition of Human Rights
Organizations (SBCHROs)
Emeka Umeagbalasi
Board Chairman, International Society for Civil
Liberties & the Rule of Law & Coordinating Head, SBCHROs
Mobile Line: +2348174090052
Email: emekaumeagbalasi@yahoo.co.uk
Aloysius Attah
Chairman, Anambra State Branch of the Civil Liberties
Organization & Media Coordinator, SBCHROs
Mobile Line: +2348035090548
Email: attahcomrade@yahoo.com
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