IPOB: [Public Enlightenment Series - #4]:
QUESTIONS JUSTICE BINTA NYAKO AND THE
CIVILIZED WORLD MUST ASK REGARDING THE
CHARGES BROUGHT AGAINST MAZI NNAMDI
KANU BY MUHAMMADU BUHARI
November 6, 2016
A: Questions related to the Plaintiff, who in this
instance is the regime of Major-General
Muhammadu Buhari’s DSS
Q1) Is it legally permissible for the Plaintiff
(Buhari’s DSS) to use a name outside that
prescribed by law setting it up?
Section-1 of CAP N74 L.F.N. 2004 states as
follows;
1. Establishment of National Security Agencies.
There shall, for the effective conduct of national
security, be established the following National
Security Agencies, that is to say-
(a) the Defence Intelligence Agency;
(b) the National Intelligence Agency; and
(c) The State Security Service.
It is obvious, going by the above provisions, that
there is no law setting up Department of State
Security (DSS), which renders illegal every
document containing the name. To this effect,
all processes filed before Justice Binta Nyako by
the said DSS is by statute null and void because
the name does not exist in law.
Q2. By the law setting up the Plaintiff, does it
have the power of prosecution?
Section-2(3) of CAP N74 L.F.N. 2004 states as
follows;
(3) The State Security Service shall be charged
with responsibility for-
(a) The prevention and detection within Nigeria
of any crime against the internal security of
Nigeria;
(b) The protection and preservation of all non-
military classified matters concerning the internal
security of Nigeria; and
(c) Such other responsibilities affecting internal
security within Nigeria as the National Assembly
or the President, as the case may be, may deem
necessary.
There is nothing in the law setting-up the State
Security Services (SSS) that gave it the power of
prosecution. By protocol, the SSS is supposed to
hand all suspects over to the police for
prosecution because the police have the
constitutional mandate for the prosecution of
civilians.
Q3. Is the Plaintiff not usurping the duties of the
Police?
Section-4 of CAP P19 L.F.N. 2004 states as
follows;
4. General duties of the police
The police shall be employed for the prevention
and detection of crime, the apprehension of
offenders, the preservation of law and order, the
protection of life and property and the due
enforcement of all laws and regulations with
which they are directly charged, and shall
perform such military duties within or outside
Nigeria as may be required of them by, or under
the authority of this or any other Act.
Section-23 of CAP P19 L.F.N. 2004 states as
follows;
23. Conduct of prosecutions
Subject to the provisions of sections 174 and
211 of the Constitution of the Federal Republic
of Nigeria 1999 (which relate to the power of the
Attorney-General of the Federation and of a
State to institute and undertake, take over and
continue or discontinue criminal proceedings
against any person before any court of law in
Nigeria), any police officer may conduct in
person all prosecutions before any court,
whether or not the in- formation or complaint is
laid in his name.
Again, it is evident from available court records
that Buhari's DSS has been conducting the
prosecution of Mazi Nnamdi Kanu instead of the
office of the Attorney General contrary to all
known laws of Nigeria and common sense. At
the initial stages of the trial, from the
Magistrate's Court to the High Court, it was a
certain Mr. Idakwo, a paid employee of DSS, that
appeared in court on behalf of the prosecution.
The very corrupt Justice John Tsoho allowed this
travesty of justice to be recorded in his court. It
wasn't until Nnamdi Kanu's defence lawyers
raised an objection in an open court did this Mr.
Idakwo stop sitting as a prosecutor.
B: Questions related to Charge #1
The charge reads as follows:
“That you, Nnamdi Kanu and other unknown
persons, now at large, at London, United
Kingdom, between 2014 and September, 2015
with intention to levy war against Nigeria in order
to force the President to change his measures of
being the President of the Federation, Head of
State and Commander-in-Chief of the Armed
Forces of the Federation as defined in Section 3
of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) by doing an act to
wit: Broadcast on Radio Biafra your preparations
for the states in the South- East geo-political
zone, South-South geo-political zone, the Igala
Community of Kogi State and the Idoma/Igede
Community of Benue State to secede
from...follow link to read series 4 in full:
http://www.thebiafrapost.com/2016/11/ipob-
public-enlightenment-series-4.html?m=1
The Biafra Post: IPOB: [Public
Enlightenment Series - #4]:
QUESTIONS JUSTICE BINTA NYAKO
AND THE CIVILIZED WORLD MUST ASK
REGARDING THE CHARGES BROUGHT
AGAINST MAZI NNAMDI KANU BY
MUHAMMADU BUHARI
thebiafrapost.com