Residents of Aba, the commercial nerve and Umuahia, the Abia State capital have lambasted the leadership of the Department of State Security (DSS) over their refusal to produce the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu before Justice Binta Nyako at the Abuja Federal High Court.
Some of the respondents raised concerns over the safety of Kanu, accusing the DSS of deliberately wanting to keep Kanu in their custody until the judges of the Federal High Court return from their annual vacation later this year.
The respondents who also accused the federal government of being behind the actions of the DSS said it was wrong for Kanu to be kept in the DSS facility where he (Kanu) has been kept in isolation since his repatriation from Kenya by the agents of the federal government’s security outfit.
One of the respondents, an Aba based lawyer and human rights activist, Barr. Emperor Ogbonna in an interview said “the DSS deliberately refused to produce Nnamdi Kanu in court. This act is barbaric.
“The DSS were in court on the last day this case came up and the case was adjourned to today. So the DSS cannot say that they are not aware that the case is to come up today.
“The DSS should tailor itself to suit the fact that Nigeria is a democratic country and that even the DSS should be under the control of the law
“The fact is that the right to self determination is provided in the African Charter on Human and Peoples Rights, CAP 10 LFN. It is a recognised human right but recently in Nigeria, the right to self determination has been criminalised.
“Anybody who says anything that may lead to self determination is often questioned, arrested or detained. This is not supposed to be so.
“Nigeria has signed that African Charter as a domesticated law pursuant to Section 12 of the Constitution and it is absurd that the same country that signed an international charter into law is arresting and prosecuting those that raised their voice on this same self-determination. If they don’t want it, why sign it?
“The language is very clear: That the government is not ready to abide by its own laws and its own system. It is very clear.
“It is clear that the government does not want Nnamdi Kanu to be in the normal prison but is comfortable with his remaining in isolation at the DSS detention facility. Maybe they don’t want him to mingle with other inmates, just maybe.
“Nnamdi Kanu was not even brought to court today and the law is clear that a judge cannot take any step in criminal proceedings when the defendant is not present in Court, unless on special circumstances.
“Since Kanu was not in Court, the court cannot make an order that he be transferred to prison custody.
“However, his lawyers can still make the necessary application but I don’t see it succeeding because the federal high court is already on vacation and no other judge can hear this case except Justice Binta Nyako so any application brought before another judge may be an abuse of court process.
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“However, I am aware that applications can be made to the vacation court during vacations but if you read what Justice Tsoho the president of the Federal High Court write, the vacation court can only hear bail matters and fundamental right matters so the application may never be made and if made, may not be heard.”
