The full text of recently released statement by
Egechukwu Obetta, lawyer representing Nnamdi Kanu, freedom journalist who
supports Biafran independence, currently detained illegally by Nigeria (saharareporters.com,
Saturday 14 November 2015)
(Nnamdi Kanu: freedom broadcaster, Radio Biafra)
IN THE
MATTER OF STATE SECURITY SERVICE (SSS) AND MAZI NNAMDI KANU: PROGRESS REPORT
Preamble
We are Solicitors to Mazi Nnamdi
Kanu, the Leader/Director of Indigenous Peoples of Biafra (IPOB), and Radio
Biafra, respectively. He has retained our services and it is on this basis that
we act. He shall hereinafter be referred to as “our client”.
According to our client, he was, on
14th October, 2015, arrested by the agents of the Federal Government of
Nigeria, the State Security Service (SSS) in his hotel room i.e. Golden Tulip
Essential Hotel Ikeja, Lagos State.
Between 14th and 17th October, 2015
his where about were unknown until 18th of October, 2015, when the Press Media
broke the news of his arrest and detention by the SSS in Abuja.
He was subsequently arraigned on
three count charges of Criminal Conspiracy, Managing and Belonging to an
Unlawful Society; Criminal Conspiracy and Intimidation – these offences are in
the category of simple offences (misdemeanor) hence bailable.
The following are highlights of our
stewardship in the last two weeks:-
Our client was arrested by the agents
of the State Security Services in his hotel room at Ikeja, Lagos state on
Wednesday the 14th day of October, 2015 on suspicion of belonging to an
unlawful society, criminal conspiracy and intimidation which are all bail able
misdemeanor offences. Please find attached copy of the charge sheet, marked as
exhibit.
He has been held incommunicado by the
SSS ever since his arrest on the 14thday of October, 2015, and has been denied
access to his physician and legal representatives even though the SSS has been
fully apprised of the fact that he suffers from severe peptic ulcer and
requires constant medication.
Due to the public outcry and the
effort by our firm, the SSS on 19th of October, 2015 hurriedly arraigned our
client on the aforementioned charges i.e. belonging to an unlawful society,
criminal conspiracy and criminal intimidation which are bailable misdemeanor
offences.
The Chief Magistrate Court sitting in
Wuse II, Abuja, on 19th of October, 2015 granted our client bail in the most
stringent condition of N10, 000,000 (ten million naira only) with one surety of
grade level 16 in like sum and must be an owner of a landed property with an
original, Certificate of Occupancy, within the Federal Capital Territory and
for such landed property to be verified by the Prosecution from the State
Security Service.
On 20th of October 2015 our Firm
managed to meet with the bail conditions and duly informed the Prosecutor from
the State Security Service as was ordered by the court.
Since 20th of October, 2015, the
Prosecutor stoutly refused to conduct the said search and verification in a
grand ploy to indefinitely detain our client extra-judicially and in flagrant
violation of the Order of a Court of competent jurisdiction despite the fact
that the bail conditions set by the court have been met and irrespective of the
fact that the liberty of a citizen is in issue.
Miffed by the refusal by the
Prosecutor to verify the property, our firm Egechukwu Obetta&Co. brought an
application to the trial Magistrate on the 23rd of October, 2015, praying the
court to make an order that our client should be produced from prison.
The Presiding Magistrate in response
to our prayers issued an unambiguous and compelling Production Order for the
SSS to produce Mazi Nnamdi Kanu before the Magistrate Court on the same date
and explain why it failed to release him upon meeting the imposed bail
conditions. Find the attached copy of the Order.
The Production Order was communicated
to the SSS by the court bailiff and the Police Orderly attached to the court
immediately on the same 23rd October 2015. Regrettably the court bailiff
together with the Police Orderly detailed by the court was sent back by the SSS
and the Order was fragrantly disobeyed with impurity.
As it stands, our client has
fulfilled the bail condition set by the court whereat he was charged with the
aforementioned criminal offences.
The continued and unlawful
incarceration of our client by the SSS defies all known democratic and
constitutional provisions of the law, standards and rules set to safeguard the
fundamental rights of citizens.
The SSS has no legal basis for the
continued incarceration of our client whose health is severely deteriorating
under the harsh and inhumane conditions that he is been held.
During this period, we have had
intervening meetings/interviews with foreign government representatives such as
representatives of the British Consulate, the U.S. Foreign Office, Amnesty
International as well as Inter-society. We have also had series of press
briefings/conferences with both the Nigeria Press Media and foreign-based media
outfit such as Sahara Reporters and the Associated Press of South Africa. These
were meant to add color of publicity in our tireless pursuit of our client
assertion of his right to bail.
Our next moves
In view of the contemptuous attitude
of the Federal Government’s (SSS) and their flagrant disobedience to Court
Orders in this case, and the concomitant ridicule it has brought to the
Judiciary, our firm intends to explore the following avenues :-
Host a meeting of representatives of
all the non-governmental organizations in Nigeria.
Petition the Chief Justice of
Nigeria, National Human Rights Commission, the National Assembly and the
Nigeria Bar Association.
We are also preparing our brief to
drag the Federal Government of Nigeria nay the SSS to the ECOWAS COURT OF HUMAN
RIGHTS to ventilate our clients’ right to personal liberty, freedom of
expression, dignity of human person and equality before the law.
For emphasis
It should be noted that within the
interval of eight days we have applied and gotten three Orders of Court against
the SSS compelling them to release, produce or transfer our client to the
prisons. It is heartrending to say that despite all the Court Orders emanating
from a court of competent jurisdiction, the Department of State Security
Service have wilfully refused to obey these order(s).
This is our stewardship in the last
two weeks in respect of this matter.
Many Thanks,
Vincent Egechukwu Obetta,
Egechukwu Obetta & Co.
No. 44 Chime Avenue,
New Haven,
Enugu
Twitter @HerbertEkweEkwe
