BIAFRA: BETWEEN COMMON LAW AND JUSTICE BINTA NYAKO’S SHARIA LAW ON NNAMDI KANU
By Ifeanyi Chijioke | Writes for TBP
March 21, 2017
Mazi Nnamdi Kanu; IPOB Leader heading to court
Will Nnamdi Kanu be counseled by an Iman; his leg chopped off, his hand chopped off, receives 21 strokes of wielding stick, be banished, stoned to death or killed by any means? His punishment will be the worst because he is an infidel. That is whats Justice Binta Nyako warned Bar. Hon. Ejiofor, the counsel to Nnmdi Kanu – unless he studies Sharia law and know that Sharia law allows a man to be secretly tried and condemned to death, his client will definitely suffer such fate. Justice Binta Nyako is already aware that an Islamic fanatic like her is in power and hence if common law could not find Kanu guilty of any crime, Sharia law will find him, even though finding him guilty of being an infidel.
As I have always noted that Nnamdi Kanu’s political trial will do Nigeria more harm than good; the results are beginning to show. One thing is very certain; the political prisoner Justice Binta Nyako is trying so hard to nail will turn around and nail her. Last Court hearing where charges were dropped by the Court gave a glimpse of hope that there might be fair trial of Nnamdi Kanu but that was a bait to douse the tension of the already tensed trial. What happened yesterday 20th of March shows the level of desperation of Buhari through his stooge Binta Nyako to find a case where none exist.
Justice Binta in her ruling on 20th March categorically made it clear that Sharia law is her source of defense for her affirmation of secret trial. Let me digress; while addressing the defense counsel on why secret trial shall stand, she unwittingly in defense of her ruling said that the defense should go and study Sharia law upon which her ruling stands. One will begin to ask why Justice Binta Nyako always stops journalists and the public from entering into the Court room to witness the trial of Nnamdi Kanu; there is something she is clearly hiding from the public and that she unwittingly let out yesterday. By quoting Sharia law as what she is using to try the leader of Indigenous People of Biafra Nnamdi Kanu; it is very clear that common law which is the stipulated law for a commonwealth country like Nigeria could not in any way find Nnamdi Kanu guilty of any crime. However; to continue to try or detain Nnamdi Kanu, another kind of law is needed to buttress it and Justice Binta Nyako just told the world that she switched Sharia law in place of common law to enable Nnamdi Kanu stand trial.
I will not rush into conclusion because there are plenty of issues I have with this Sharia law being used against Nnamdi Kanu. Nigeria as a commonwealth country has a universal kind of law upon which the constitution and the State is founded. This kind of law (common law) is practiced in Nigeria and must be above or cannot be substituted for any other law. This very kind of law in question has some particulars which are:- right to fair hearing, innocent until proven guilty, open trial among other particulars. While the Sharia law in question is a religious/indigenous law practiced in Northern Nigeria, which is populated by Muslims. Sharia law has no place in a civil matter, offence committed outside Northern territory, Sharia law has no business with non-indigene of the North or non-Muslim and Sharia law has no business with the federation. As far as commonwealth is concerned; it is highly impossible to bring any kind of law in a civil matter except common law; it is also forcing religion (Islamization) on a citizen to try him according to Sharia law when he is not indigenous to the law.
Now; the position of Muhammadu Buhari can be understood when he said Nnamdi Kanu committed an atrocity by criticizing him. It is now understandable why Buhari said that no Court shall release Nnamdi Kanu; that he is guilty of possessing two passports etc. It is now understandable why this case has been going on and treasonable felony retained. It is very clear to every dick and harry that by virtue of common law Nnamdi Kanu should not be standing any trial because he committed no crime known to common law but because Sharia law has been the case all along; we now know what has been playing the music Binta Nyako is dancing.
When the trial Judge urged the defense counsel to study Sharia law upon which secret trial is obtainable; there was no way the defense counsel would not look strangely at her and left in the middle of nowhere. The defense counsel might have looked around to know if he was in an indigenous or customary Court room. He must have consciously touched his books to see if they were Holy Koran and he might have felt like a man being ridiculed or in a dream. Where would he start now Sharia law is the basis of the trial of his client? He might have spanked his waist to wake himself from a nightmare where he was defending a client in Saudi Arabia but any time he looks at the criminal code handout in his hand, he sees Federal Republic of Nigeria. The defense counsel has now been made aware that Sharia law is the basis and he must get Islamized to enable him defend his client.
Justice Binta Nyako is taking the trial of Nnamdi Kanu to a dangerous dimension; a religious/tribal dimension and the result will be disastrous. Nnamdi Kanu is not a Muslim and neither is Nigeria a Muslim country that she would demand his defense counsel to study Sharia law which is the basis of her ruling on secret trial. This is a clear indication that Muhammadu Buhari is vigorously pushing for ethnic or religious crisis through Justice Binta Nyako. There is no way Sharia law instead of common law shall determine the fate of Nnamdi Kanu in a secular country and it is now very clear that what has been keeping Nnamdi Kanu behind bars is derived from Sharia law. Nnamdi Kanu is the leader of a Christian populace; the Indigenous People of Biafra might henceforth oppose the religious/tribal trial of Nnamdi Kanu and it would be devilish for humanity to continue to keep quiet while evil clusters.
By virtue of demanding the study of Sharia law from Nnamdi Kanu’s defense- upon which she ruled on secret trial and sustenance of treasonable felony; Justice Binta Nyako is calling for anarchy. Nnamdi Kanu’s trial must not continue to hold because he is not a Muslim Sharia law binds. His trial must not continue hence Sharia law is the basis of his trial because he has never stepped his feet in Sharia binding territory. His trial must not continue to hold because Nigeria is not an Islamic country where Sharia law is constitutionally accepted. His trial must not continue because Christianity will oppose anything that comes out of it henceforth. His trial must not continue because he doesn’t know Sharia law and has nothing to do with Sharia life. His trial must stop because Sharia law cannot determine for a British citizen in a secular country like Nigeria.
Factors that can bring about Sharia law being used are; when Nnamdi Kanu is a Muslim or Islamic faithful, when the accused crime was committed in Sharia territory, when the accused consents to Islamic religion, when the accused is citizen of Islamic country etc. The factors that could have vindicated Justice Binta’s position are nowhere to be found and that should trigger a halt to the contaminated or unhealthy trial. Nnamdi Kanu cannot be tried on tribal or religious ground and Justice Binta Nyako must take notice of the implication of her moves.
Finally; this move shows that the secret trial being affirmed by Justice Binta Nyako is to have the opportunity to nail Nnamdi Kanu with Sharia law and avoid the public or press outrage and opposition. It should be taken into notice that Nnamdi Kanu could not be tried under common law which categorically recognizes no crime from him. The only shot left for Justice Binta Nyako is to first prove that Sharia law can rightly or lawfully be used against Nnamdi Kanu. If she does that, then we can have a point from where the race can begin.
Editor/Publisher: Chinwe Korie
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