The Human Rights Writers Association of Nigeria, HURIWA, has called on the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to produce the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu in Court for trial.
The group said Abubakar Malami should do that urgently if he has no subterranean motive to instigate the economic collapse of South East of Nigeria should the self-determination group implement her threat to call for a full month of sit-at-home order.
DAILY POST reports that Kanu, who is currently detained at the custody of the Department of State Services, DSS has been scheduled to resume his trial on October 21.
The trial, which was previously billed to commence shortly after he was rearrested from an undisclosed country, was adjourned by the Federal High Court of Nigeria, Abuja following the inability of the DSS to produce the secessionist in court.
According to Nigerian Justice Minister, Abubakar Malami, Kanu is charged with “terrorism, treason, running an illegal company, publishing defamatory material and illegal possession of firearms”.
In a statement by its National Coordinator Comrade, Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf, HURIWA warned that Kanu must be produced alive in Court for trial by the Federal Attorney General “unless the government has a sinister motive to precipitate uprising in the South East of Nigeria for the satanic purposes of destroying the economy of the South East of Nigeria.”
The rights group, therefore, advocated fair trial for all the “prisoners of conscience” in the country such as Mazi Nnamdi Kanu.
HURIWA said, “Fair trial is observed by a trial judge without being partial and Justice means the ethical, philosophical idea that people are to be treated impartially, fairly properly and reasonably by the law and arbiters of the law.
“We are also pleading with the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB) Mazi Nnamdi Kanu to send a very clear message to his followers not to carry on with the threat to call for a One Month sit-at-home order because it is very likely that the Federal Government with a preponderance of officials from the Moslem North who have manifested open distrust and hatred for Igboland and Igbo people may instigate the Department of State Services headed by the same Muslim North not to produce the detained leader of the proscribed Indigenous Peoples of Biafra (IPOB) Mazi Nnamdi Kanu before the Federal High Court Abuja on the next adjourned date so as to precipitate the destruction of the economic life of the South East of Nigeria.”
According to the rights group, fair hearing means “giving equal opportunity to the parties to be heard in the litigation before a court or tribunal, and ad-hoc tribunal inclusive.
“Where parties are given the opportunity to be heard and the charge or complaint against the party standing trial or being investigated made available to them, they cannot complain of a breach of fair hearing principles.
“The concept of fear hearing in accordance with section 36 (1) of the constitution of the Federal Republic of Nigeria, 1999 as amended states as follows
“Section 36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.
“Fair Hearing within the meeting of section 36 (1) of the 1999 constitution a trial conducted according to all legal rules formulated to ensure that justice is done to the parties. It is very important to note that this provision also acquire apparently the observance and consideration of twin pillars of the rules of natural justice namely, “audi alteram partem” “hear the other party” and “nemo judex in causa sua” “no one is a judge in his own case”.
“A fair trial must involve a fair trial, and a fair trial of a case must consists of the whole hearing. A true test of a fair hearing is the impression of a reasonable person who was present at the trial whether, from his observation, justice has been done in this case. A fair trial are the ways to prevent miscarriage of justice and are essential part of a just society.
“In conclusion the principles of fair hearing in the judicial proceeding and quasi-judicial proceedings cannot be abandoned or waived. Parties are expected to be given the equal access to court proceedings or Disciplinary committee from its commencement up to the delivery of the final judgment.”