ICYMI: Nnamdi Kanu accuses three judges of gross misconduct in petition to NBA

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has petitioned the Nigerian Bar Association (NBA), accusing some judges of gross misconduct and violations of his constitutional rights.

In the petition dated August 18 and addressed to the president of the NBA, Kanu described his treatment before Nigerian courts as “nothing less than the judicial lynching as against constitutional order”.

“This is not merely a letter of a persecuted man; it is a bill of indictment against a segment of the Nigerian judiciary that has, in my case, converted courts of law into arenas of impunity,” Kanu wrote.

ALLEGATIONS AGAINST JUDGES

Kanu specifically named Binta Nyako, judge of the federal high court; Haruna Tsammani, former justice of the court of appeal; and Garba Mohammed Lawal of the supreme court.

He accused Nyako of remanding him illegally without fair hearing, contrary to section 293 (1) of the Administration of Criminal Justice Act (ACJA) 2015 and section 36 (1) of the constitution.

Kanu also faulted her for failing to inquire into his absence from trial in 2017 after the Nigerian Army allegedly invaded his home in Abia state — an incident he claimed forced him into exile. 

“I deposed to this fact in an affidavit from Israel where I had sought safety. Justice Nyako refused to inquire into it,” the petition reads.

On Tsammani, Kanu argued that the court of appeal erred when it granted a stay of execution after discharging him on October 13, 2022. 

“Justice Tsammani’s panel then granted a stay of execution on this criminal discharge — an aberration unknown to law,” he said. 

“This device detained me 14 months without charge — a direct assault on Section 36 (1) CFRN and Article 7 African Charter.”

The IPOB leader further criticised Lawal of the supreme court for reversing his discharge, saying it amounted to a breach of judicial finality.

“A discharge on ground of want of jurisdiction is as good as an acquittal,” Kanu said.

Kanu noted that multiple authorities, including Nigerian courts and international bodies, had confirmed that his arrest and transfer from Kenya to Nigeria amounted to an extraordinary rendition.

“The Supreme Court itself, Court of Appeal of Nigeria (which discharged me), the Federal High Court (which declared my extraordinary rendition illegal), the Kenyan High Court, UN Special Rapporteur opinions, and the United Nations Working Group on Arbitrary Detention (UNWGAD) have confirmed that I was abducted, tortured, and extraordinarily-renditioned from Kenya in violation of domestic and international law,” he wrote.

The IPOB leader said despite the various court verdicts, Lawal breached international laws, treaties and revived “dead statutes”.

Kanu urged the NBA to investigate the judges he mentioned and take a firm stance against judicial abuse.

“I urge the NBA to investigate Justices Binta Nyako, Haruna Tsammani, and Garba Lawal for gross judicial misconduct. Publish a report condemning use of civil procedures to subvert criminal law, and the resurrection of repealed statutes,” he stated.

“This case is not only about me. It is about whether Nigeria’s judiciary is bound by law or by impunity. The Constitution, statutes, and international treaties have all been shredded. The Bar cannot be silent.”

The separatist leader warned the association that silence would make it complicit in undermining justice. 

“He who is silent is taken to agree. Silence now would make the NBA complicit in the erosion of Nigeria’s legal foundations,” he said.