In the video comments I made yesterday, I promised part 3. Many of my readers and interested parties have sent messages demanding for the promised part 3. I will give it to you. But.....
Before I joined the defense team in this case, I had commented frequently on the case as an interested public interest lawyer. As such, I had a wide latitude as to what I could say or write. Then I owed obligations only to my readers. But now that I'm counsel in the case, my capacity to comment on the case is far more restricted. Now, I owe my first obligation to Mr. Kanu. I owe obligations to the court. I owe obligations to other lawyers in the case, in addition to my obligations to my readers. It means that before I make any comment, I must consider what all these people would think or feel about it, and how my comments may affect them. So, do not be surprised if you notice certain delay or hesitation before I comment these days.
The part 3 of the video comments I promised has to do with my assessment of the bail conditions handed down by the court. The question is whether or how soon Kanu would meet the conditions-precedent and come out before dealing with those conditions that are conditions-subsequent. It is not for a lawyer in such a high profile case to declare the terms of bail either too harsh or not. It is good to first confer with your client and understand what the options are and the resources available.
But I read in many places today where various people were commenting on the terms of bail in such pessimistic tone. Some were so imprudent as to suggest that victory of yesterday was nothing because of the conditions. But these are comments coming from people with little knowledge of law and legal matters. They are not even able to distinguish between those conditions that are conditions precedent (must be met before he can be released) and the conditions subsequent (must be met after he is a free man). Without basic knowledge of the subject matter, many are running their mouths. I have no doubt that Kanu will meet those terms and be out this week.
As for the conditions precedent, he will meet them easily. That's my opinion. And as for the conditions subsequent, there are a number of ways to deal with them. But let him come out first. One such way to deal with the conditions subsequent is to apply to the court to vary the terms. Another way is to appeal against the conditions. This is really no brainerd.
One thing the pessimistic commentators failed to understand was that any judgment granting Nnamdi Kanu bail was a fundamental development or a point of strategic inflection in the case. This is because on 31st December, 2015, President Buhari, in a media chat, declared that Nnamdi Kanu, Dasuki and Zakizaki would never be grated bail. Of those three, Nnamdi was granted bail. That was a landmark performance for Nnamdi Kanu. But it takes intelligence to understand that. What the court did was essentially to disagree with the President.
If Nnamdi Kanu is free, he will be able to direct his legal team in a more effective and organized manner. You do not understand how difficult it is to visit him in Kuje. The kind of harassment and intimidation people go through each time is unimaginable. Even as a lawyer, I still have to fill out long application form for the DSS use in Kuje Prison each time before meeting him. They have to search me down into my socks before letting me meet with him. It has been a dehumanizing experience, as a counsel visiting his client. Can you now imagine other people, relatives and friends who come to visit him and get turned back? All that would end if he comes out on bail.
Also, granting Nnamdi bail means that the other defendant will be out soon, as there is really no further basis to continue their detention. So, every reasonable and informed person should see the decision yesterday as a landmark development in the case.
One more thing I feel I should say here. Many have sent me greetings and messages of appreciation for the progress recorded with the granting of bail. The credit must go to all the lawyers who have worked on the case right from the beginning till date. As you all know, I'm new in the case and what you saw today is a culmination of efforts of all the lawyers. My role has been modest. I was to focus on the strategy and the psychology of the team. And so far, the case has remained in the motions stage and trial has not really begun. At this point, the key is ensuring an effective cyncronisation of the tactical and psycho-juridical dynamics in the case. We have some traction and momentum that must be maintained. Also credit goes to Nnamdi Kanu himself. Unknown to many of you, Mr. Kanu is a hands-on client. He is intelligent and he understands the trajectories and dimensions of the progress of the case. He knows the right time to deploy the various resources and assets at his disposal. For instance, he knew the precise moment to bring me in. They called and said the Director needed to see me. Bang: I was with him in Kuje and he knew exactly what he wanted me to do as a lawyer in the case. You have to give it to him.
I will still make the part 3. But manage with this until then.
EU