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
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.
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.
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