ARCHIVE: KANU’s former defence counsel, Vincent Egechukwu, opens up on Dr Orji Uzo Kalu’s visit as BUHARI initiates peace moves with KANU
AS the leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, remains illegally in detention after a series of court order to release him from detention have been flouted by the Federal Government, his former defence and renowned human rights lawyer, Mr. Vincent Egechukwu Obetta, has shed more light on the recent visit of the former Abia State Governor Dr Orji Kalu, to Kanu in Kuje prisons.
Speaking in an interview with the Daily Sun, the Human Rights Lawyer spoke extensively on the continued detention of Kanu in spite of the repeated court orders to effect his release and the killing of Mrs. Brifget Agbahime in Kano. He expressed surprise at the ruling of Kano Magistrate court that effected the release of the suspects.
Condemning the ruling, he said justice must be done and that Agbahime’s suspected killers who have been release in spite of the tangible against them could never go scot-free.
While speaking on Nnamdi Kanu’s continued detention, he laused the visit of Kanu in prison by the former Abia Governor saying it is timely. The former defence counsel said although he has been dropped, he has as a matter of fact never relent in employing other channels to ensure the release of Nnamdi Kanu from detention adding that what culminated in Dr. Kalu’s visit to the detained IPOB leader in prison started long before now when he contacted eminent Nigerians for a possible out of court settlement.
He said some people have attributed the peace process and given the credit to APC and Buhari to broker peace with the detained IPOB leader adding that it is unfortunate because he initiated and superintended the peace process although nothing worked out then since Dr. Kalu was out of the country at the time.
Below is an abridged version of the interview.
Excerpts:
By the court okaying secret trial for Kanu, this appears to have introduced some novel legal principles in Nigeria’s criminal jurisprudence, how do you look at this view?
To be honest, secret trial of suspect in a criminal matter found its way into the Nigerian criminal jurisprudence in the wake of the enactment of the Terrorism Prevention Act of 2011, which was later amended in 2013. Sections 33 and 34 of the Act provides for an amorphous grounds for which trials can be allowed to proceed in secret. Section 34, in particular, authorizes the court on its own or upon the application of the Attorney- General to protect a witness where it suspects that the life of the witness is in danger. In fact, Section 34 (5) makes it an offence punishable with a term of five years for anyone who violates any order made by the court in this respect. Secret trial has been conducted in some terrorism cases in Nigeria in the past. The case of FGN Vs Abdulahi Mustapha & others and the case of Mr. Mohammed Yunnus & two others (the Kogi State University lecture case). As a result, witness protection is now an extant cornerstone in our criminal justice system, but only applicable in terrorism cases. That being the case, the conscientious question will be, in all honesty, can Nnamdi Kanu’s activities as the leader of the IPOB constitute an act of terrorism? Will it not be more properly situated within the threshold of a non-violent political movement? The last question will be answered properly when viewed against the backdrop that the prosecution had shunted and substituted over four charges ranging from the formation and managing of unlawful society to the present charge of terrorism. Not only must justice be done, it must also be seen to be done.
But some people have claimed that President Muhammadu Buhari had sent Dr. Kalu to Kuje
Prison to appeal to the IPOB leader to jettison his Biafra struggle, do you think that can be possible?
What you see that culminated to Dr Kalu’s visit started one year ago. Recall that on the 17th December, 2015 Justice Ademola granted my prayers and ordered for the unconditional release of Mazi Nnamdi Kanu by the Federal Government. It was the frustration I faced in the course of trying to enforce that court order and sequel to Mr President disposition to Kanu’s trial during his Presidential Media Chart of 31st December, 2015 that inspired my recourse to political moves, as well. Following the frustration, I said to myself: “You have made tremendous progress from the legal flank, but it may translate to pyrrhic victory If you do not secure his freedom, after all.” Based on this, I came up with the idea to pursue the matter using a double-pronged legal and political approach.
I contacted His Eminence and Catholic Bishop of Sokoto, Bishop Mathew Hassan Kukah; His Lordship, Most Reverend Archbishop Emmanuel O. Chukwuma; Chief Dr. Orji Uzor Kalu and Chief Chekwas Okorie. Efforts were also made to reach His Excellency, Abdulsalami Abubakar, but it failed as he was out of the country at the time. At some point I had concluded arrangement with Bishop Kukah to meet with Mazi Nnamdi Kanu, while we were waiting for the approval of the SSS, in whose custody he was at the time, I suddenly withdrew from the legal team. However, upon Dr Orji Kalu’s return from the US in February 2016, we continued with the mediation process which eventually led to the meeting of the two leaders last meeting of last week. In the same manner, I have been meeting with Bishop Chukwuma and Chief Okorie on Mazi Kanu’s matter. In fact, just yesterday I presented the matter of his continued detention before the erudite Church Leaders Forum, Enugu State chapter. I wish to reiterate that the process had been ongoing over one year before Dr Orji Kalu’s defection to the APC. And so, it will be unfair to his person to conclude that the APC or precisely President Buhari sent him to visit Mazi Kanu. I stand to say that I initiated and superintended the ‘peace process’ which you saw played out at Kuje Prisons. My prayer is that it comes to fruition.
