Fein described the decision as “outrageous” and “unprincipled”, adding that it was in contempt of the Nigerian Supreme Court.
Bruce Fein, international lawyer and spokesman for the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has faulted Justice Binta Nyako of the Federal High Court in Abuja for denying his client bail on Tuesday.
Fein described the decision as “outrageous” and “unprincipled”, adding that it was in contempt of the Nigerian Supreme Court.
In a statement issued on Tuesday titled ‘Justice Binta Nyako Archnemesis of Justice,’ Fein said, “There may be more outrageous and unprincipled decisions in the history of the Nigerian judiciary than Federal High Court Justice Binta Nyako’s March 19, 2024, arbitrary decree denying Nnamdi Kanu bail in flagrant contempt of the Nigerian Supreme Court, but if there are, they do not readily come to mind.
“Nigerian Supreme Court Justice Emmanul Akomaye Agim’s opinion on December 15, 2023, page 12, concludes in no uncertain terms: ‘In light of the foregoing [government’s attempted military assassination of Nnamdi Kanu in 2017 which caused him to flee], the trial court, i.e., Binta Nyako, acted unfairly and without rational and legally justifiable basis by its decisions revoking respondent’s [Nnamdi Kanu’s] bail.’
“Even a layperson could understand the Supreme Court Justice’s finding and conclusion. Yet Justice Binta Nyako chose insubordination in again denying Mr. Kanu bail—probably on orders from the Minister of Justice.”
According to Fein, Kanu’s lawyers should act against Justice Nyako to get her fined and removed from the case for “insubordination”.
He said, “Nnamdi Kanu’s Nigerian lawyers should move the Nigerian Supreme Court to hold the Federal High Court Justice in contempt of court, impose a fine for her insubordination, and order her removal from Nnamdi Kanu’s case for an unconstitutional lack of independence or impartiality.
“It is obvious to anyone who has not been somnolent since Mr. Kanu was kidnapped, tortured, and extraordinarily renditioned by the Nigerian government from Nairobi to Abuja in June 2021 that Justice Nyako is a pliable tool of Nigeria’s army of prosecutors.
“The evidentiary and legal case against Mr. Kanu is completely contrived. That is why the prosecution has delayed for nearly three years to disclose even a crumb of admissible evidence of Mr. Kanu’s alleged criminality—notwithstanding the enormous manpower and financial resources the Nigerian government possesses, legally or illegally.
“Article 36 of Nigeria’s Constitution mandates impartial and independent courts and criminal trials within a reasonable time. Justice Nyako’s court is unconstitutional because it has exhibited neither impartiality nor independence in Nnamdi Kanu’s case.
“Sunshine on what has been going on behind the scenes between Nyako and the Minister of Justice would be proof beyond a reasonable doubt. Further, detaining Nnamdi Kanu in solitary confinement by the DSS for nearly three years without submission of any incriminating admissible evidence and without open access to lawyers despite the government’s monumental prosecutorial resources is unreasonable by any civilized legal yardstick.
“Mr. Kanu has suffered years of excruciating punishment without a trial—tantamount to “sentence first, verdict afterwards,” the tyranny of brutish, odious courts.”
“If justice prevailed in Nigeria, Binta Nyako would be on criminal trial before Nnamdi Kanu, not vice versa. Her name should live in judicial infamy. Let the Nigerian Supreme Court be done with her,” he added.