MAZI NNAMDI KANU: A ‘RESPONSE PHENOMENA’.
A sincere reflection on the antecedents and peculiar circumstances
surrounding the emergence of Mazi Namdi Kanu, and his ordeals in the last
Seven (7) years, clearly shows that the Federal Government of Nigeria needs
to reassess its strategy over this national quagmire.
Coming to terms with this unpleasant reality will no doubt, assist your
Government in resolving this protracted national dilemma and moving Nigeria
up on a pedestal for a modern and stable nation.
This is because Mazi Nnamdi Kanu is a product of our collective
misunderstanding of some inevitable truths and political axioms including:
i.) That our Federalism (considering the inherent and different characters of
the Peoples of Nigeria) is meant to comprehensively foster the growth
and prosperity of Nigeria’s diverse Peoples within a harmonious
framework of constituent communities. It is not intended to serve as a
mechanism for entrenching primordial hegemony by any particular
group..
ii.) That it is an irony and hypocritical to be deceptively preaching “the
indivisibility of Nigeria” from a mindset that has a total disdain for
anything healthy to the true federalism and nationhood of Nigeria where
every sub-group ought to have a safe and founded sense of belonging.
To put it graphically “the indivisibility of Nigeria is NOT frame
thought for an ethnic hegemony”
iti.) That the manifest selective preference for force and persecution over
diplomacy and constructive dialogue in addressing critical national
issues-such as the case of Mazi Nnamdi Kanu-calls for urgent
reconsideration. Sustainable nation-building is best achieved through
engagement, consensus, and adherence to the Rule of Law. Patriotism is
never founded on brutal force
iv.) That it is a fundamental principle of the Rule of Law that a nation must
uphold and enforce the pronouncements of its Courts and adhere to the
rules and treaty obligations it has ratified. Any deviation from this
standard undermines the integrity of the Courts and jeopardizes the
nation’s credibility in the comity of nations.
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
Your Excellency, these said, I am greatly encouraged by your profound
appreciation of the fact that nation-building necessitates strategic political
engineering. I therefore sincerely urge to please move Nigeria to draw lessons
from Canada’s adept management of the Quebec sovereignty movement. By
prioritizing constructive dialogue, inclusive governance, and genuine
adherence to federal principles, Canada successfully fostered national
cohesion, ultimately diminishing the hitherto calls for the Quebec secession.
This Canadian precedent reinforces an undeniable truth: nations that prioritize
fairness, equity, and dialogue lay the strongest foundations for the citizens’
patriotism.
THE U N D I S P U T E D FA C T S
Your Excellency, it is on record that Mazi namdi Kanu was arrested on 14th
October, 2015, by the State Security Services over some terrorism-related
allegations, and was, on 23rd November 2015, arraigned before the Federal
High Court on Charge No. FHC/ABJ/CR/383/2015: Federal Republic of
Nigeria v. Nnamdi Kalu and 3 Ors. After a protracted period, he was on 25th
April, 2017 granted bail.
However, on 10th September 2017, following a plotted fatal shooting by the
Nigerian Army at the home of Mazi Nnamdi Kanu, he was forced to flee from
imminent death. This inevitably resulted in his absence from the subsequent
court proceedings.
Despite this unbecoming disrespect to our Court by the Army, the Hon. trial
Court, on a curious application of the then Attorney General of the Federation,
on 28th March, 2018 revoked Mazi Nnamdi Kanu’s bail and issued a bench
warrant for his arrest.
Even, the Hon. trial court went further on 14h November, 2018, to issue an
Order against his surety Sen. Eyinnaya Harcourt Abaribe, to appear and show
cause why he should not forfeit the Hundred Million Naira (N100,000,000)
bail bond or alternatively go to prison.
As the Counsel to Sen. Eyinnaya Harcourt Abaribe, I on 4th December 2017,
filed a Motion On Notice praying the Hon. trial court to rather hold the Chief
of Army Staff responsible for the disappearance and absence of Mazi Nnamdi
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
3
Kanu from the trial proceedings. The Hon. trial court, in its wisdom, did not
accept our submissions hence our pending Appeal No.: CA/A/1099C/18 at the
Court of Appeal.
Fortunately, to our vindication, on 15″ December, 2023, the Supreme Court of
Nigeria, in SC/CR/1361/2022 (Federal Republic of Nigeria v Nnamdi
Kanu), berated the then Hon. Attorney General of the Federation for his
curious roles on the Mazi Nnamdi Kanu quagmire:
“The appellant’s officials knew that their invasion of the respondent’s
home caused him to run away to secure his life and physical well-
being. Yet during proceedings in the pending criminal case against
him, they applied that his bail be revoked, that a warrant for his arrest
be issued and his sureties forfeit their respective bail bond and that his
trial in his absence be ordered . . . . But they knew that their illegal
actions made it impossible for the respondent to be in court for his
trial. “
The Supreme Court went further to take exception to the sense of the
judgment of the trial court that revoked his bail:
“This Indifference of the trial court to these unlawful attacks on the
person of the respondent and the extreme violations of his
fundamental rights while he was in custody of the law pending trial
rendered the impartiality of the trial Judge suspect. Even when it was
glaring that the said attacks on the home and person of the
respondent by the officials of the appellant made his further
attendance of his trial in the case impossible, the trial court rather
found that he jumped bail, revoked his bail and …. thereby further
victimizing the respondent. This is oppressive and unfair to him.”
Meanwhile, earlier on 19th January 2022, in a highly contentious Fundamental
Rights Enforcement proceedings (SUIT NO: HIN/FR.14/2021 between Mazi
Nnamdi Kanu v Federal Republic of Nigeria & 7 Ors), a different Hon. High
Court Judge held:
The issue of the military Invasion of Applicant’s residential abode and
premises at Islama Afaraukwu Ibeku, Abia State on 10*h September,
2017 by agents of 1 Respondent is so notorious and common
knowledge that this Honourable Court cannot turn a blind eye to it….
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
4
torture, verbal abuse and forceful expulsion from Kenya, his continued
detention and torture in DSS Custody at Abuja et al amounted to
inhuman and degrading treatment and threat to life of the Applicant
and a violation of his fundamental rights as guaranteed under Section
34(1)(a) of the 1999 Constitution (as amended).”
Suffice it to say, a thorough examination of these elucidating pronouncements
by four different superior Courts in Nigeria clearly demonstrates that, in the
case of Mazi Nnamdi Kanu, the Federal Government of Nigeria has pursued a
course of action that undermines its commitment to the Rule of Law and the
integrity of the Judiciary as outlined under Section 6 of the Constitution of the
Federal Republic of Nigerian 1999 as amended,
Suffice it to say, I have purposely taken the synopsis of the positions of our
Courts to this national sour because the Constitution of Nigeria has created
critical roles for our Courts in nation building process. The Courts have
creditably discharged same. All that is left is in the domain of the political
State actors to exercise the needed political will.
THE INTERNATIONAL BODIES STUDED REACTIONS TO THE
HANDLING O F MAZI N A M D I KANU MATTERS BY THE
GOVERNMENT OF NIGERIA.
In my earlier letter dated 10th August 2022 to the Government of Nigeria
regarding the release of Mazi Nnamdi Kanu, I vividly illustrated how the
international communities have been closely monitoring the deepening
injuries on our federalism and the broader setback implications for Nigeria’s
political stability.
Your Excellency, I believe it will serve no purpose repeating all that was said
in the said Letter but for purposes of emphasis, let me mention a few:
The United Nations Working Group after insightful deliberation on the plight
of Mazi Nnamdi Kanu, released an Opinion which in Paragraphs 25 and 97
stated:
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
6
Paragraph 25:
In this regard, . . . . the Federal Government of Nigeria arrested Mr.
Kanu on terrorism-related offenses in 2015 and attempted to
assassinate him on 10 September 2017, in an army-led attack that
killed five individuals and wounded 30 others. Further, on 21
September 2017 the Federal Government of Nigeria reportedly listed
the Indigenous People of Biafra as a terrorist organization during ex
parte proceedings lacking elements of due process, including notice
and the opportunity to be heard, and based on the President’s
assertions alone …… United Nations experts have raised concerns as to
the justification and legality of the organization’s listing on the
terrorist list…
Paragraph 97
The Working Group is seriously concerned about the treatment to
which Mr. Kanu has been subjected. Especially noting its finding that
Mr. Kanu was subjected to extraordinary rendition as well as his
treatment prior to that.
Interestingly on this ugly event of 10th September, 2017 wherein
“…. that the Agents of the first Respondent set out as pythons to
terminate the life of the Applicant”, both the United Nations Working
Group and our Courts are on the same page
In another vein, the continued detention of Mazi Nnamdi Kanu has undeniably
contributed to escalating tensions and adverse developments, not only in the
South East but across the entire nation.
THE DESTRUCTIVE MONDAY ‘SIT-AT-HOME’ IN THE SOUTH
E A S T
Your Excellency, the complexities and root causes of the security challenges in
the South East must have been issue of grave concern to your Government. A
significant factor that have contributed to the escalating crisis is the jailbreak
at the Correctional Facility in Owerri. Since that incident, the South East has
tragically transformed into a theatre of war and bloodshed, disrupting lives,
crippling businesses, and fostering an atmosphere of uncertainty.
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
7
commitment to unity in diversity. As the Supreme Court of Nigeria in
SC/CR/1361/2022. (Federal Republic of Nigeria v Nnamdi Kanu) rightly
held:
Nigeria must learn from other countries or …. A look at the History of
conflicts all over the world shows that brute force, arrest, detention,
torture, killing and genocide does not solve, conflicts, they only fertilize
them. Experience shows that on both sides of any conflict, a
commitment to a peaceful resolution has always been the best. 1
therefore urge the Federal Government to apply wisdom in this
question at hand by applying a tolerable lasting solution.
Although the Supreme Court of Nigeria, in its unmistakable status as a Policy
Court, has directed the continuation of Mazi Nnamdi Kanu’s trial, this position
(from the above statement) is subtle nudging for the application of your
political sagacity and deftness for a political solution to this bleeding
phenomenon in the soul of our fatherland. Good enough it is all well known
that you have the wonderful political maturity and will to perform the feat.
CONCLUSION.
Your Excellency, great leaders are not defined by their ability to suppress
opposition, but by their ability to unify, heal, and reconcile. The release of
Mazi Nnamdi Kanu will not be a sign of weakness, but a demonstration of
political wisdom and statesmanship. It presents an opportunity to turn a new
page in Nigeria’s history-one that prioritizes peace, justice, and the collective
well-being of all citizens. His evolving perspectives, shaped by time and
reflection, can be harnessed as a valuable resource in our journey toward a
more unified and prosperous nation.
As you weigh this humble appeal, I urge you to reflect on the pleas of our late
sages— Chief Mbazurike Amaechi, Prof. George Achulike Obiozo, Dr.
Chukwuemeka Ezeife, Chief Engr. Emmanuel Iwuanyawu, Chief Ayo
Adebanjo and Chief Edwin Clerk who spent their final years advocating for
peace, unity, national healing and requesting for his release. Their voices,
though now silent, remain an enduring call for statesmanship and fairness.
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
9
Finally, let me borrow the marble statements your Excellency made on
Monday, November 11, 2024, at the Saudi Summit:
“Our own experiences domestically and regionally, have taught us
that identity politics are no substitute or respecting the nuances of
diversity”
“The path to reconciliation may be fraught with challenges, but it is
through honest conversation that we can foster understanding”
“It is our duty to engage in this dialogue with sincerity and resolve
recognizing the complexity that each side faces”
I therefore pray Your Excellency to walk the talk.
I humbly request for his early release. No one will argue that Nigeria did not
benefit from the opening of the gate of the then Calabar Prison and from the
arrival from exile of the ’80s.
Mazi Nnamdi Kanu is fast becoming a prisoner of conscience
Kindly accept the assurances of my highest regards. God is our strength.
Yours Sincerely,
Chukwuma-Machukwu Ume, SAN, FCIArb
The Imo State Hon Attorney – General Emeritus
&
Rapporteur, Victims of Persecution
N B A
CHUKWUMA-MACHUKWU
UME, BAN
SCN000071
링
E6739815
Vand Tal
PLEA FOR URGENT RELEASE OF MAZI NNAMDI KANU
10
FORMER IMO STATE ‘s AG UME SAN WRITES PRESIDENT TINUBU PLEADING FOR KANU’s RELEASE
