Ozhekome flays Kanu’s bail condition, urges lawyers to file variation appeal

HUMAN rights crusader and
constitutional lawyer, Chief Mike
Ozhekome, yesterday, carpeted
Justice Binta Nyako,over her
Tuesday’s bail condition on leader of
the Indigenous people of Biafra,
IPOD, Nnamdi Kanu.
This was even as he hailed the judge
for her action, saying it was a
demonstration of rare courage by the
judiciary against the executive
overbearing influence.
Ozhekome ,who said bail conditions
were simply to ensure attendance of
a person in court,noted that any bail
condition that becomes excessive or
punitive, loses its purpose, function
and goal.
To this end, he urged lawyers to the
IPOD leader to immediately file
application before the same trial
judge, Justice Binta Nyako, for
variation of the bail terms to more
favourable ones.
In a statement he released last night,
Ozhekome noted that such
application ”ll make Kanu a human
being once more.”
”Bail conditions are simply to ensure
the attendance of a person in court,
and nothing more. Once excessive or
punitive, bail loses its purpose,
function and goal.
”I urge Nnamdi Kanu’s lawyers to
immediately file an application before
the same Justice Binta, for variation
of the bail terms to more favourable
ones, that will make Kanu a human
being once more,”he insisted.
”I urge the Nigerian judiciary to stand
up “gidigba”, to defend the rights of
all Nigerians against executive
lawlessness, judicial timidity and
legislative rascality. God bless
Nigeria and Nigerians,”he further
said.
The full text of the statement which
he captioned ”Nnamdi Kanu’s
travail:A bare bail devoid of
liberty”,read thu:
” I congratulate Justice Binta Nyako
for being courageous enough to even
grant bail at all to IPOB leader,
Nnamdi Kanu, on health grounds.
”This is predicated on the truism that
the Judiciary has been so humiliated,
browbeaten, terrorized and
emasculated by the Executive, that it
takes extraordinary courage and
daring bravado, for a Judge to even
grant bail to a much vilified Nnamdi
Kanu, whose only “crime” is that he
seeks self determination for his
repressed, oppressed, suppressed
and marginalized indigenous people
of Biafra, a right recognized even by
the UNO and AU in all self –
determination instruments.
”The catch here however, is that in
granting the bail, the Judge,
apparently trying to tread softly, took
back with the right hand what she
gave with the left hand.
” Bail is a constitutional right. It is
guaranteed by section 35(5) of the
1999 Constitution, with or without
conditions attached. But any
conditions so attached to bail must
be such that the grant of bail is itself
not rendered meaningless and
impotent as in the Nnamdi case.
Kanu’s bail conditions are outrightly
stringent, punitive, discriminatory,
profiling and stereotyping. Hear
them:
”He must produce 3 sureties, who
must deposit the sum of 100m each
(a ready recipe for corruption).
”One of the sureties must be a highly
respected Jewish leader since Kanu
practices Judaism as his religion
(discrimination on the basis of
religion).
Produce a highly placed person of
Igbo extraction (discrimination on the
basis of place of origin and ethnic
group).
”Produce a respected person who
resides and owns landed property in
Abuja (a call for the elitist money
bags).
Must not attend any rally or grant an
interview (breach of freedom of
movement and speech).
”Must not be in a crowd exceeding
10 persons (denial of freedom of
Association).
Must surrender his Nigerian and
British passports (denial of freedom
of movement).
Must sign an undertaking to be
available for trial at all times
(normal. This is the main purpose of
bail).
”His wedding ring and reading
glasses to be given back to him
(thank God for tokenism).
Must provide monthly update on
Kanu’s health (yes, to ensure his
health is improving).
”Some of the bail conditions are not
only troubling, unsetting and punitive,
but are simply unconstitutional, as
briefly highlighted above.
”Section 42(1) of the 1999
Constitution provides that
“a citizen of Nigeria of a particular
community, ethnic group, place of
origin, sex, religion or political
opinion shall not, by reason only that
he is such a person:-
”(a) be subjected either expressly by,
or in the practical application of, any
executive or administrative action of
the government, to disabilities or
restrictions to which citizens of
Nigeria of other communities, ethnic
groups, places of origin, sex,
religions or political opinions are not
made subject to; or
”(b) be accorded either expressly by,
or in the practical application of, any
law in force in Nigeria or any such
executive or administrative action,
any privilege or advantage that is not
accorded to citizens of Nigeria of
other communities, ethnic groups,
places of origin, sex, religions or
political opinions.
”(2) No citizen of Nigeria shall be
subjected to any disability or
deprivation merely by reason of the
circumstances of his birth.
”It is crystal clear from these
constitutional provisions that the
stringent bail conditions granted to
Nnamdi have clearly discriminated
against him and subjected him to
“certain disabilities or restriction” on
the basis of his religion, place of
birth, political opinion and ethnic
group.
”What the bail conditions are simply
saying is that it will be illegal,
forbidden and contrary to the bail
conditions were Kanu to do the
following:
”(a) Kanu cannot be received by a
multitude of his village people,
kindred and kinsmen, who have
missed his presence since his
mindless incarceration over one and
half years ago, contrary to the right
to freedom of Association granted by
section 40 of the 1999 Constitution.
”(b) That Kanu cannot express his
right to freedom of expression clearly
guaranteed by section 39 of the
Constitution.
”(c) That Kanu cannot exercise his
freedom of movement guaranteed by
section 41 of the Constitution.
”(d) That Kanu cannot receive
sympathizers, well wishers and
political Associates, once they are
more than 10.
”(e) That Kanu cannot freely
exercise, without being monitored,
his freedom of religion and
conscience contrary to section 38 of
the Nigerian Constitution.
”(f) That Kanu cannot, at any given
time, even in his household or larger
family setting, host more than 10
people (ludicrous; unnatural!).
”(g) That Kanu cannot even visit any
hospital to take care of his health,
because the hospital staff of Doctors,
nurses, para-medical staff and other
patients, must surely exceed 10
(contrary to section 17(3)(c) of the
Constitution.
”(h) That Kanu cannot attend church
service or the synagogue worship to
glorify God in thanksgiving for his
release, since such place of worship
will harbour hundreds if not
thousands, of people (contrary to
section 10 and 38 of the
Constitution).
”(i) That Kanu cannot even go to a
busy motor park, airport, seaport,
Parks and Gardens, Cinema hall,
theatre, to transport himself, watch
films or relax, or even go to Shoprite
to shop.
”(j) That Kanu cannot deliver lectures
to students, or groups, or participate
in seminars, workshops, summits,
conferences, etc., as these involve
many people.
”(k) That by way of summary, Kanu
should remain a hermit, marooned
like Robinson Crusoe in the 1719
novel of the same name, by Daniel
Defoe, who spent over 28 years as a
castaway, after he was washed up
on the shores of a deserted island,
near the mouth of Oronoco River in
South America.
”Day by day, we subject the Nigerian
society to bottomless ridicule and
derision in the comity of Nations.”