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Nairaland Forum / Nairaland / General / Politics / UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU (9344 Views)
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UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by nadisms: 9:58pm On Dec 24, 2015 |
2015 13:33 Written by Emeka Ugwuonye Understanding the latest treason charges against Nnamdi Kanu This is a long legal discourse. I broke it into four parts to help you read it without stress. You can read the part you like and omit the part you are not interested in. But if you read all of it, you will be able to tell what will happen in the court if Nnamdi Kanu's case were to go through full trial. By the way, the punishment for the offence they charged Nnamdi Kanu with is now life imprisonment. So, you need to read this if you want to know whether he will go to prison for life or not. Part One: Introduction: Given the wide public interest in the case Nigerian government is making against Nnamdi Kanu and two others, I decided to explain better the provisions of the law applicable. Then, I shall place the law side by side with the evidence and the charge filed by the government. I will be analyzing this case from the point of view of a defense lawyer as well as the point of view of the prosecutor. Bear in mind that for the case to succeed, the prosecutor must neatly tie the three things together: - (1) the law, (2) the evidence, and (3) the statement of the charge. Nobody can do anything about No. (1). That is the law. It is there. Neither the prosecution nor the defense can change the law. Something can be done about No. (2). It is the evidence. The prosecution cannot create the evidence, but he must work hard to discover it, develop and package it well, and then present it persuasively. No. (3) is really where the prosecution must show experience and skill. No. (3) relates to the prosecutor’s ability to articulate the crime. The prosecution must get it right at the outset in order to tie the evidence with the offence. This task starts with the statement or definition of the offence. Before I go further, I want to observe that the government has pursued this case since September in the poorest manner possible, which has now given rise to the suspicion that the government is on a vendetta mission out of a mere obsession against anything Biafra. Anything Biafra invokes fear and intense hatred, such that this government would go to all extent, even to the point of destroying Nigeria in order to stop the Biafra idea. It is like a man that sets his house on fire in order to hurt his roommate that he dislikes. If government were really honest and sincere, it should have brought these latest charges immediately after Nnamdi Kanu was arrested in September. If it had done that, it would have been a different matter today. There would not have been the costly drama at the Magistrate court. There would not have been the secret order for 90-days detention, and there would not have been the incident that led to Justice Ahmed Mohammed being forced to recuse himself from the case on December 23, 2015. Even without any feeling of sympathy for Nnamdi Kanu, I stand firm in my view that the poor handling of the case so far is sufficient ground to dismiss the case. It is a scandal, actually. The Attorney General should immediately discontinue these charges, set Nnamdi free and send all the government lawyers involved in this case back to law school. But this is not expected to happen because the government from top level has been involved in the unfortunate mishandling of this case. Part Two: The Law and the Charge: The government filed six counts of treasonable offenses against Nnamdi Kanu and two other persons under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria 2004. What does that section of the law say? Section 41 provides thus: “41. Any person who forms an intention to effect any of the following purposes, that is to say- (c) to levy war against Nigeria in order by force or constraint to compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other Legislature or legislative authority; ..” From the statement of the charge, the government chose to go under subsection (c) above (as it pertains to the President as the target). We shall discuss that further after reviewing the statement of the charge or the particulars of offence. THE CHARGE: As part of the administration of criminal justice, the prosecutor (the government) is required to state what exactly the accused person did, which amounted to the offence. The critical requirement of the charging process is that the statement of the offence or particulars of the offence: (a) must state the offence with reference to a section of Nigeria’s criminal law, (b) must state exactly what acts the person performed or failed to perform, which constitutes the offence. The statement of offence does not require that the prosecutor state the evidence. However, it requires that the prosecutor make an allegation that the accused person’s conduct covers all the elements of the offence. Though the evidence is not required in the statement of the offence, the statement cannot be vague. It must state what the person did exactly and when and where he did it. The reason for this requirement is obvious. It goes to the heart of due process. In order for the accused person to know the case he is to defend against, he has to know exactly what you allege he did wrong. He has to know the time he did that thing and the place you claim he did it. This is because he may have an alibi. (The day you said he killed someone might turn out to be the day he was on admission in a hospital. He needs to bring up that alibi as defense against the charge. But if you do not state the day or period of time when he allegedly killed the person, it will be impossible for him to use the alibi. It is like starting a soccer match without fixing the goalpost until after the opponent has kicked the ball into your penalty box). Now, let’s see how the government stated the charge to see if it meets the requirement I just explained. The particulars of the offense read as follows: “That you, Nnamdi Kanu and other unknown persons, now at large, at London, United Kingdom, between 2014 and September, 2015 with intention to levy war against Nigeria in order to force the President to change his measures of being the President of the Federation, Head of State and Commander-in-Chief of the Armed Forces of the Federation as defined in Section 3 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by doing an act to wit: Broadcast on Radio Biafra your preparations for the states in the South-East geo-political zone, South- South geo-political zone, the Igala Community of Kogi State and the Idoma/Igede Community of Benue State to secede from the Federal Republic of Nigeria and form themselves into a Republic of Biafra, and thereby committed an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria 2004.” Having now seen the law and read the statement of the charge, what do you think? Part Three: The Evidence: Part of the due process requirement of Nigerian law is that the government must indicate the evidence it intends to rely upon to prove the accused person guilty beyond all reasonable doubts. This evidence must be disclosed in advance. In Nigeria, the evidence is attached to the charge sheet (technically called “Information” at the State and Federal High Courts of Nigeria). The evidentiary materials are collectively titled “Proof of Evidence”. It contains the names of witnesses whom the government intends to call to testify against the accused person. It also contains any document or videotapes, or recording of broadcasts (as likely in this case) and other exhibits or materials that tend to show that the accused person actually did what he is alleged to have done. I have not seen the Information in this case. However, I can safely assume that the state would have listed the names of DSS officers who will testify as to how they arrested Nnamdi. This is usually not necessary, but in Nigeria, they waste everybody’s time parading policemen who repeat the same stories of how they arrested a person and how they took his written statement. They do this in Nigeria because in almost all the cases, the Nigerian police or DSS force accused persons to make statements against themselves and they try to use such incriminating statements against the accused person during trial. (Such does not happen in other countries, especially in developed democracies, because the accused person hardly ever makes statements without his lawyers present. So, he is not forced to incriminate themselves). Given the poor manner the government has developed this case, one can assume that the government does not have any real evidence. Nnamdi Kanu would not have said anything to them that is different from his call for Biafra to break away from Nigeria. He does not hide that fact. The fact that Nnamdi does not hide the fact that he wants Biafra to separate from Nigeria means that there is no need trying to prove that with any videotape of his Radio Biafra broadcast. The evidence the government needs is not evidence of the broadcasts. They need to establish an intention to “use force to compel or constrain the President of Nigeria” to do or from doing something that he wanted to do (which is the “measures” or “counsels” mentioned in the law). Evidence of Nnamdi Kanu telling a gathering of Igbo people in the diaspora to raise money for him to buy guns to fight for the independence of Biafra is nearly useless. Such evidence may simply mean that Nnamdi Kanu was raising funds under false pretenses, which is not an offence charged. As an illustration, the mere fact that a pastor is telling his congregation to contribute money for God does not really mean the money is going to God. You cannot prove what Nnamdi does with the money he raised merely from what he said he would do with the money. Likewise, pictures of him with some boys with guns or something that looked like guns will not suffice. That might be a mere commercial for fund raising. These are mere pictures. Again, pictures of a pastor praying so fervently do not prove that he is really communicating with God or that God is hearing what he is saying. The government needs evidence of people who will come forward to testify that Nnamdi recruited them and instructed them to start war against Nigeria. You need evidence of him buying guns, giving guns to people, training them on how to wage war against Nigeria. Or you need evidence of weapons or arms dumps seized from him. Without such evidence, you can’t win the case. Let’s say for the sake of argument, just for the sake of argument, that Nnamdi is a conman who raises funds from some gullible Igbo people by telling them he would use the money to buy guns for the independence of Biafra. That will not be a treasonable offence. Some pastors and juju men and even those who sell to you some penis- enlargement drugs are doing the same thing. That is not evidence of treasonable offence. There is also one piece of evidentiary information that will be very helpful to Nnamdi at trial. Nnamdi’s lawyers can easily show that Nnamdi and his group never had even a single gun, that they don’t even know how to hold a gun. The way to show this is by the fact that in all these clashes between the supporters and Nnamdi and the police, there has never been an incident where any of his supporters had a gun. It had always been the police and the army that shot and killed his supporters. So, where is the gun? Where are Nnamdi’s guns if none of them has ever been seen by the police who must have been looking? Part Four: Analysis And Conclusion: The government cannot win this case. The government lawyers are so incompetent. The manner they defined the charges or their statement of the offence is so pathetic. It is not clear whether he was to “levy” the “war”. Would he first levy the war against the Igala and Edoma people in order to get them to join him to then ‘levy’ further war against Nigeria? Or would he persuade the Igala and Edoma people by peaceful means to join him in the war against Nigeria? If all the people he wanted to be in Biafra voluntarily join him, would there still be need for war against Nigeria? It is clear that the prosecution is struggling to formulate the offence alleged. Also the reference made to Section 3 of the Constitution is such a dumb thing. A good defense lawyer should be able to quash these charges. Post Script: There is something very important which I had missed. And that is the effect of the right to free speech. Whatever the section 41 (c) of the Criminal Code Act may say, it must not try to wipe out Kanu's freedom of speech. A number of times, what the law considers a criminal conduct may be something the constitution sees as a right. In such situation, there is a conflict between the constitution and the law establishing the offence. Naturally, the constitution should prevail. But it takes an experienced lawyer to invoke the supremacy clause of the constitution successfully. Most of the offensive remarks by Kanu such as his remarks that Nigeria is a zoo or that Buhari is Boko Haram, etc all fall within his free speech rights. As offensive as those may be, he has the right to express himself. The fact that the President does not like to hear those words is immaterial. Likewise, merely telling his audience openly that they should leave Nigeria is a matter of political speech. They are all protected speech under the constitutional enumeration of rights. You can't do anything about it. By Emeka Ugwuonye, Esquire Cc: seun, OAM4J Mynd44 10 Likes 1 Share
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Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by nadisms: 10:10pm On Dec 24, 2015 |
Source- elombah.com/index.php/opinion/3615-understanding-the-latest-treason-charges-against-nnamdi-kanu |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by omooba969(m): 10:17pm On Dec 24, 2015 |
Wow...interesting! ![]() @Op, I appreciate your effort in trying to clear the air as per the charges against Nnamdi Kanu. I also agree that it is a case that is poorly prepared just as it is badly presented. However, your argument has some defects with regards to your defence of Nnamdi Kanu's position. Firstly, we need to agree that there's no smoke without a fire. Nnamdi has only managed to land himself in a dangerous trouble because the secession bid was poorly planned & badly managed. Not to deviate from the subject matter, Nnamdi's proclamations on his Radio Biafra are tantamount to incitement of violence & hatred which has the tendency of 'disturbing the peace' . I am open to what the provision of the law is with regards to 'disturbing the peace'. To say that he has the right to freedom of speech or expression, is to say that I(as a xtian) can go into a mosque and scream that Jesus is the only way. ![]() Secondly, for Nnamdi to clearly state that PMB is Bokoharam without concrete evidence is also tantamount to 'defamation of character' . In your submission, you mentioned that it holds no water(paraphrasing your statement) but you certainly know what Libel means. Nnamdi Kanu's choice of words in his broadcast on Radio Biafra are not those attributed to a genuine freedom fighter that he purports to be, even agitating for a nation-state not yet born while he is still a subject under the extant law of our dear Nigeria. I don't think you have an idea of the gravity of his actions because they can be described as an act or instance of open revolt against a constituted government. This is a kind of behaviour inadvertently aimed at destabilizing the polity. There are many other points I can argue here but I prefer to keep it short. ![]() 37 Likes 7 Shares |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by asorocker: 10:18pm On Dec 24, 2015 |
great analysis, this part got me laughing uncontrollable Anything Biafra why the fear of Biafra evokes such trepidation among non biafrans should be a subject of research among top psychlogist There is also one piece of evidentiary if Nigeria had very good Legal team then Bakassi would not have gone to cameroon 2 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Heromaniaa: 10:21pm On Dec 24, 2015 |
Your sabi booku. 2 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by superstar1(m): 10:22pm On Dec 24, 2015 |
How will this jargon save the Lunatic Albino (aka The Dilector and Toothless Lion) from spending Xmas and New Year in the dungeon of DSS? The stup1d lawyer does not know that freedom of speech or expression comes with a responsibility of guarding your utterances and not threatening to kill other ethnicities. Infact, the Lunatic Albino's cell should be directly under that of Charles Taylor at the Hague by now. 32 Likes 2 Shares |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by kingbasil: 10:27pm On Dec 24, 2015 |
superstar1: The end justifies the means 3 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by asorocker: 10:30pm On Dec 24, 2015 |
superstar1: A very big Legal war might have started between Nnamdi Kanu's team and Nigeria , he might spend the xmas in jail as he is not even interested in coming out , but what might follow and the outcome of the legal war is what is unpredictable, the Nigerian legal team lost Bakkassi shamelessly to cameroon some years back. This case might end at the world court ifNigeria does not take precaution with Nigeria loosing its territories in an un explanable judicial blunder. 7 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by superstar1(m): 10:36pm On Dec 24, 2015 |
asorocker: Who is going to World Court with you over a nonetity? Abeg Abeg abeg, ICC does not have the time of noise makers like The Dilector, that was threatening to kill others. Infact the court will rule that he should be buried alive in the middle of Sahara Desert. 26 Likes 4 Shares |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by NgeneUkwenu(f): 10:38pm On Dec 24, 2015 |
Useless Lawyer! Nkita Ara!! 7 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by superstar1(m): 10:39pm On Dec 24, 2015 |
kingbasil: Moti-gini? If he is motivated or not, that is the headache of the Lunatic Albno. The fact remains, he is a half-cooked beans eating prisoner of DSS. What he lacks in intellectual capacity, he made up for in senseless noise making. 19 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by NgeneUkwenu(f): 10:40pm On Dec 24, 2015 |
asorocker: Illiterate IPOB! ![]() 17 Likes 3 Shares |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by dunkem21(m): 10:42pm On Dec 24, 2015 |
So, Nairaland can't leave Biafra matter alone ![]() NL stop reporting about Biafra as captured in your rules .. 3 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Ebukaobi: 10:48pm On Dec 24, 2015 |
IPOB youths everywhere Your Dilector is in the 'Zoos' custody and there is nothing you can do about it! Nnamdi Kanu will be executed in a few months time You can eat sand or kill yourself after 8 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by asorocker: 10:50pm On Dec 24, 2015 |
Why people from certain parts of the country loose sleep over Biafra is really a mystery 3 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by dunkem21(m): 10:54pm On Dec 24, 2015 |
asorocker: NL no go fit stop reporting it .. Anybody wan bet ![]() |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by badnature: 10:57pm On Dec 24, 2015 |
PROFILE OF THE PRESBYTERIAN CHURCH OF NIGERIA in April 1846, at the invitation of the two kings of calabar, a team of missionaries from the church of Scotland Mission,led by Rev.Hope Masterton Waddell, arrived calabar where they set up the first congregation of what is now known as the presbyterian church of Nigeria.From calabar,the church began to grow.in 1858,it was constituted as the presbytery of Biafra. 3 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Nuells: 10:57pm On Dec 24, 2015 |
And what amazes me is the height at which people of the wasted region try their possible best to derail every Biafran thread.....One thing is for sure, Nnamdi is coming outta that cell everly strong and following the analysis of this matter by this erudite lawyer, it obvious that the case is as good as a refuse at the dustbin 7 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by badnature: 11:18pm On Dec 24, 2015 |
if you Google all the trade treaty that the British merchant sign in Biafra Land eg the one of 24 June 1827,it was all by the ijow&the itchekerri chiefs and not even with the igbos.but today some VAGABONDS who don't know their history eg oil soup people and their masters up north will tell you Biafra is about 5 state don't put Niger delta people ooh! nonsense we are whiter than white,and whiter than snow 6 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by kingbasil: 11:45pm On Dec 24, 2015 |
superstar1: Well whatever makes your xmas merry... 2 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by bakila: 1:50am On Dec 25, 2015 |
This is Dilector deence or case as presented by rogue lawyer Emeka Ugwuonye. Government took her time and the rogue albino will do his time in zoo where people like him belong. He sat down on his desk and decided a criminal case without looking at the proof of evidence. That guy is a dunce as well as a fraud. http://saharareporters.com/2015/06/02/us-court-dismisses-rogue-attorney-emeka-ugwuonye%E2%80%99s-bankruptcy-filing 5 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Duru1(m): 3:23am On Dec 25, 2015 |
omooba969: The body language exhibited in the above post is one such reason Nigeria is perpetually backward. No wonder some people actually want to leave the cesspit. You do not arrest a person for 'defamation of character' without a court order. Only fools arrest a person on instance of open revolt when such revolt has not occurred. As a self-determination agitator, Kanu's choice words were in order. Kanu never called for the overthrow of constituted government but simply begged to split. The 1999 Nigerian constitution guarantees the right to self-determination. It is unfortunate Nigeria is led by bunch of zombies who do not know the meaning of treason. If one calls out a leader in Nigeria, it becomes a treasonable offence. What a country. 9 Likes 2 Shares |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Nobody: 4:28am On Dec 25, 2015 |
asorocker: Why the long epistles to free him if he's not "interested" to come out. He should be left to rot in jail. I wish the govt had put him in Boko haram prison in Borno, he would have been singing opera songs of forgiveness by now. When PMB said in his xmas message, that any group that threatens the security of this nation will be severely dealt with, u people think that speech was directed at BH or Shiite, abi? 7 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Fernandez01: 4:33am On Dec 25, 2015 |
omooba969:open your brain and assimilate what the bright lawyer has explained. you are just spewing ignorance without tact or knowledge . how does your watery argument amount to treason 8 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Fernandez01: 4:38am On Dec 25, 2015 |
superstar1:and I suppose you are intelligent with all the poorly worded nonsense you've been saying so far 2 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by BeClever: 5:57am On Dec 25, 2015 |
omooba969: With due respect to your observation: you just spoke from NairaLand lay man's point of view while the narration up there is from a legal point of view. Read it again and edit your argument, it's too Nairalandized!! !!!!! 10 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by realborn(m): 6:24am On Dec 25, 2015 |
N omooba969: The OP did a yeoman's job with his analysis. However, his lack of objectivity exposed his ignorance as you rightly pointed out in your comments above. Libel and inciting people to violence against the government are equally weighty allegations. I pray Mr Kanu pulls through. I pray lessons are learnt by all parties. I pray he is given consideration and sins forgiven. I pray he agitates for the Biafra of his and supporters' dream in the most legal and constitutional manner. MKO died in detention in 1998. 17 years after, Nigeria has moved on. If he did not die, there would have still been the advent of the 4th Republic. 5 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by EternalTruths: 6:38am On Dec 25, 2015 |
realborn: It is funny you used MKO as a case study when everyone knows how fearful and weak his people are Kanu on the other hand has a brave people SS/SE of Nigeria backing him and has demonstrated it through peaceful protest. ![]() 2 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by Nobody: 6:39am On Dec 25, 2015 |
omooba969:You couldn't have said it better 2 Likes |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by BeClever: 7:13am On Dec 25, 2015 |
realborn: May God answer all your prayer, if actually it's true you prayed for him. Never the less, his issue can and shouldn't be compared to MKO as they are very different. I, who is responding to you right now is ready to die for the course which that man is fighting for.. Question: how many Yoruba where ready to die for MKO, were you? Answer: Non Eye opener: the demonstration (riot) that ensued in Lagos the were carried out by more Igbos than Yoruba. My elder brother and his friends were among the demonstration of which he was arrested and we saw him on National Television NTA from Enugu then. Then they don't see it as Yoruba issue, but 'our' issues. Unlike if such thing should happen now. How many Yoruba men can do that for issue relating to Igbos. Answer again: Nil. I am not saying Yorubas are bad or anything like that, No, but they are hardly outspoken in the mist of oppression. Their mouth and brain functions better when thing are normal and as soon as they are pressed down, they most times find it hard to rise to the occasion. 8 Likes 1 Share |
Re: UNDERSTANDING THE LATEST TREASON CHARGES AGAINST NNAMDI KANU by o42austino(m): 7:16am On Dec 25, 2015 |
omooba969:yes.... But, that does not include the treason charge, the Judge will just throw away this treason charge because it's lack merit. Let's look at it this way, for the fact that I said I will shot u does not mean that I have killed u, even if someone killed u, the prosecuting counsel has to still prove it that it's actually Me that killed u and that comes with evidence..... The court don't operate on they said this or they said that. 2 Likes 1 Share |
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