Kanu’s International Counsel Writes Omotosho, Urges Dismissal Of Prosecution
Igbeaku Orji, Umuahia
Justice James Omotosho of the High Court Abuja, before whom the IPOB leader, Mazi Nnamdi Kanu is standing trial, has been reminded of his vulnerability before the International Criminal Court should he in deference to orders become unfaithful to his professional duty of upholding justice.
In a letter addressed to Justice Omotosho, Kanu’s International counsel, Mr Bruce Fein, urged him to dismiss the prosecution for lack of jurisdiction.
The letter reads: “No government should profit from its own criminality. That has been binding law from time immemorial.
Justice is the end of government. Nothing is more unjust than a government profiting from its own crimes.”
Citing a United States Supreme Court Justice Louis D Brandeis verdict in Olmsted v United States (1928):
“‘In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously.
“Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government become a lawbreaker it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.
“To declare that, in the administration of criminal law, the end justifies the means – to declare that the Government may commit crimes in order to secure the conviction of a private criminal – would bring terrible retribution,”‘ Fein reminded Omotosho that The United Nations Working Group on Arbitrary Detention and Nigerian courts have both determined that the Federal Government of Nigeria committed multiple crimes in forcibly bringing Mazi Nnamdi Kanu within this Court’s putative jurisdiction.
“The Government’s crime,” according to Fein, “include kidnapping, torture and extraordinary rendition. These are universal jus cogens crimes under international law binding in Nigeria with or without its consent.”
He argued that the crimes “oust Nigerian courts of jurisdiction to prosecute Mr Kanu to prevent the Government of Nigeria from profiting from its own crimes” and urged him to abide by the opinion of the Working Group directing the “immediate unconditional” release of Mr Kanu by the Government of Nigeria.”
Kanu’s International counsel averred that, “Following orders is no Defence to universal crimes” and warned Justice Omotosho, “If you refrain from dismissing all outstanding charges against Mr Kanu for lack of jurisdiction you will be legally implicated in the crimes perpetrated by the Government of Nigeria in bringing Mr Kanu before your tribunal.
“You will be vulnerable to prosecution before the international Criminal Court. You will have been unfaithful to your professional duty to see that justice is done.”
End