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The WGAD initiated a review of the case involving newscaster Mancho Bibixy Tse in response to the 14 July 2018 LRWC letter identifying his trial and sentencing as unlawful. The WGAD sought and obtained submissions from Cameroon and invited LRWC’s response. Mancho Bibixy, a popular radio personality reporting on injustices suffered by Anglophone Cameroonians, was convicted by a military tribunal in April 2018 and subsequently sentenced to 15 years in prison and a fine of 268 million francs CFA (408,564 Euros). He was convicted on charges of “acts of terrorism”, “secession”, “propagation of false information”, “revolution”, “insurrection”, “contempt of public bodies and public servants”, and “hostility against the homeland”. LRWC filed submissions in response to those of Cameroon on 5 February 2019 and 14 February 2019 (prepared by Rob Lapper Q.C., Gail Davidson, and Felix Nkongho). LRWC submissions highlighted violations of rights to assembly, dissent, expression, fair trial; trial before a civilian court, legal aid, and freedom from discriminatory prosecution. LRWC also submitted that the charges violated the principle of legal certainty and the sentence failed to respect dignity and rights (nullum crimen, nulla poena sine lege apta), and failed to satisfy the principle of necessity (nullum crimen, nulla poena sine necessitate), the prerequisite of injustice (nullum crimen, nulla poena sine injuria), and the principle of guilt (nullum crimen, nulla poena sine culpa).

Source: lrwc.org

The Abuja High Court ruling today, in favour of Sissuku & Co is a land mark precedent which puts to test the Independence of the Nigerian Judiciary against the Executive branch of Government.

I can say here without a blink of an eye that Sissuku & Co shall be ‘re extradited to Nigeria.
The Abuja ruling has triggered the imminent collapsed of the Trial at the Yaounde Military Tribunal.

Let’s look at the merits of the imminent collapsed of the Trial at the Yaounde Military Tribunal;

1) Jurisdiction; Because the defendants were transferred to Yaounde incommunicado, the Yaounde Military Tribunal has no jurisdiction to trial Sissuku & Co.
Yaounde will need to proof to a higher International Court what due process they followed to extradite the accused.
The Abuja Ruling has already indicted the Executive Arm of the Nigerian Government for violating the rights of Sissuku & Co. and for violating Nigerian Laws and The Nigerian Constitution.

2) UNHCR Docts The fact these same documents have been upheld by Abuja, Yaounde can’t turn around to say they are fake.
Both Cameroon and Nigeria are members of the U.N. and must respect the U.N. Conventions applicable in this case.

3) Nigeria’s International Reputation and Democratic Credentials; Nigeria is gunning to be a permanent member of the U.N. Security Council. If Nigeria fails to uphold it’s own laws and Constitution how then will other African countries respect her. South Africa who is competing with Nigeria for the position in UNSC will be keeping a close look to exploit any false move from Nigeria.

4) Higher Courts If the Nigerian Government fails to enforce the Abuja High Court ruling then the case will simply move to higher courts (Nigerian Supreme Court) then to Banjul, then HRC (Human Rights Committee) etc.
But I don’t think we will get to Banjul HRC.
The Nigerian Judicial System will settle the matter.
There is no way Buhari can overide the Nigerian Courts.

Case Precedent

Abu Hamza Vs The UK Government.
In their quest to get Abu Hamza extradited to the US, the UK Government suffered continuous defeats at the British Courts for 9 years continuously. The case went all the way to the European Human Rights Courts.
Yes the UK is an advanced democracy as compared to Nigeria. However The Nigerian Government will have to proof to the International Community it can respect The Rule of Law especially it’s own laws as she Nigeria is gunning to be a Big Boy in the International Community.
Big Boys respect the Rule of Law, else the world will be a jungle and anarchy will prevail.

Albert Womah Mukong Vs Cameroon [Communication No 458/1991, UN Doct. CCPR/C/51/D/458/1991 (1994). Human Rights Session – Firty First Session.

After having been unlawfully detained in prison without any convicted crimes in a court of law, Albert Mukong upon release from prison sued the Government of Cameroon for unlawful imprisonment.
Mukong won his case at the Human Rights Committee (HRC) against the Government of Cameroon who were ordered to pay Mukong compensation. The Human Rights Committee (HRC) ruled that the Government of Cameroon couldn’t infringed upon the rights of Mukong upon the justification of safeguarding the Unity of the State of Cameroon. The Government of Cameroon respected the verdict and paid Nuking hundreds of millions Fcfa.

There is substantial case precedent to corroborate the arguments for Why Buhari and the Government of Nigeria will be obligated to uphold the ruling of the Abuja High Court.

Conclusion
I therefore conclude, Sissuku & Co shall be ‘re extradited from Yaounde to Abuja.
Upon arrival in Abuja they shall be set free and compensated financially for unlawful imprisonment.

The Rule of Law shall prevail over the Executive machinations of Buhari and Biya.

Author: Oswald Tebit

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