Situating Nnamdi Kanu’s Secret Trial For Treason

OUR CORRESPONDENTS — The Federal Government has commenced the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), one of the movements agitating for the actualisation of the sovereign state of Biafra.
Biafra, which originally comprised the former Eastern Region, it would be recalled, was an entity that sought independence from the Federal Republic of Nigeria, leading to the Nigerian Civil War, with Chukwuemeka Odumegwu Ojukwu, then a Nigerian Army Colonel, leading a secession, that was thwarted after a 30-month military crusade, which cost several thousands of lives.
Since after the war, and due to the marginalisation of the South East, populated by people of Igbo extraction, several efforts are being made to actualise that dream for a separate entity comprising people of the ethnic nationality. This gave rise to IPOB, being led by Kanu, the operator of Biafra Radio, now in detention. He is now being tried in secret for offences bordering on treason.
Bearing in mind that Nigeria is practicing democracy and the governments avowed respect for human rights, Nigerians are now wondering how right is the government in trying Kanu in secret, even as he is being held in custody against court orders to that effect. 
It would be recalled that Kanu was arrested by the Nigerian secret police, Department of State Security (DSS) on October 17, 2015 and has been in detention since then. 

Secret Trial Not Good For The Growth Of Democracy – Social Critic

Comrade Adesoji Adeniyi, a social critic, has said that the secret trial of Nnamdi Kanu, the IPOB leader, by the federal government is not good enough for the growth of democracy.
Adeniyi said that such secret trial has never happened in the country before, adding that the trial process may be biased.
According to him, “even when the late Chief Obafemi Awolowo was being tried for treason during the First Republic, the witnesses were not masked. For witnesses to wear mask during trial may be dangerous for justice.”
Adeniyi called on the federal government to shy from such arrangement by ensuring that the IPOB leader gets fair hearing and trial before the nation’s court.
He explained that the trial process must be done through the normal processes so that the government would not be accused of being biased at the end.

‘Kanu Deserves To Be Tried In Open Court’

The purported secret trial of the IPOB leader by the Federal Government has generated a lot of controversy in the country as many have continued to wonder why the trial should be done secretly.
Many have been wondering if the government has been hiding something that they do not want Nigerians to know.
However, in some sections of the country, it is believed that if tried openly, it could degenerate into a situation beyond the government as his diehard supporters are capable of causing chaos or breach of security.
Macmillius Nwafor, a critic, when asked if it is right for the FG to commence secret trial for the IPOB leader, Kanu, retorted: “What do you mean? When a man has been arrested and paraded in public for allegedly committing a crime against the state, it behoves on his accusers to ensure that he is tried openly in a court of credible jurisdiction.
“Why a secret trial? This only goes to show that in this nation today, we do not give due regard to the laws of the land. How do you go about trying to enforce the same law that you do not respect and yet, you want to apply the same law on another citizen? 
“We certainly have a big issue on our hands and the earlier the leaders realise this, the better for everybody. 
“The issue of Nnamdi Kanu is to be handled with tact, transparency and with the fear of God. If this administration decides to toy with it, the situation will attract disastrous consequences,” Nwafor cautioned.
It Is Right To Avoid Security Breaches – Contractor
Otunba Adegoke Michaels, a building contractor, said: “I think it is right if it is sensed that security will be compromised in an open trial. A secret trial does not mean that his legal team will not be present.” 
He wondered why all the hue and cry about a secret trial when Kanu’s lawyers will be present in court, stressing, “I believe that the reason for the secret trial borders on security concerns that have most likely been raised. 
“Nigerians have been witnesses to the public reaction by his supporters when he comes out of the courtroom. Therefore, I see nothing wrong in the secret trial.”
‘Secret Trail Is Wrong’
Mr. Ogheneovo Oghenevwede, a trader and commentator, said the secret trial of the IPOB leader, is very wrong. He asked: “Is that how they try other cases that are in the Nigeria courts? Is it part of the judicial laws and our constitution? However, if it is so, then it should be. But if not, then it is a total scam.
“The FG must ensure that the judiciary is independent, cleared of dubious characters and allowed a free hand, just like the other two arms of government, the Executive and Legislature. 

Lawyer Blames National Assembly

Reacting to the decision of the court to give IPOB leader, Nnamdi Kanu secret trial, Olu Omotayo, a lawyer and the President of Citizens Rights Realisation and Advancement Network, blamed the National Assembly for the development.
Omotayo, said the National Assembly made provision for secret trial in the Anti-Terrorism Act, in spite of opposition mounted against it by Amnesty International and other human rights organisations.
“NASS passed Anti-Terrorism Act. It gives large powers to court on trial of terror suspects. It gives powers to prosecution to detain and apply to renew the detention as long as it wishes. The National Assembly merely copied the law from abroad and passed it without looking at it. 
“When National Assembly wanted to pass it, Amnesty International complained, but nobody listened to them and it was passed. So, it is not unlawful to give a terrorism suspect secret trial. The law provided for it. 
“It provides that witnesses should be protected by receiving evidence in camera. So, that is why the court decided to give Kanu secret trial. The decision of the court has legal backing.”

Nigeria Is Not Under Military Dictatorship – Rights Activist

Mr Charles Aluya, a Benin-based human right activist said: “If the Federal Government believes that Nnamdi Kanu committed any offence against the state, it has no reason to try him in the secret because the country is no longer in military government.
“Nigeria is now practising full-blown democracy and in a democratic government, there is a constitution and under the 1999 Constitution, nobody has drawn my attention to any section that provides for secret trial of any accused person.
“Kanu’s trial is still in a preliminary stage. Maybe as the trial progresses, that section that provides for secret trial will be made known to the public. 
“So, let us be patient to avoid jumping into conclusions. Mind you, the offence for which Kanu is being charged, according to the Federal Government, is treason which carries a capital punishment if found guilty.
“Therefore, it cannot be right for the accused to be tried in the secret, especially when the United Nation is monitoring every aspect of the case. This is the more reason why I believe that the information that Kanu’s trial would be held in secret may not be correct. So, let us wait and see.”

The World Is Interested In Kanu’s Trial- Analyst

Chief Raphael Ibetolem, a public affairs analyst, said: “What Nnamdi Kanu is fighting for is something that is of interest to the whole world. So, why should the trial be in secret? Everybody is curious to see what will transpire between Nnamdi Kanu and the federal government as far as the judicial process is concerned. 
“You arrested somebody and clamped him into detention for alleged offence. If you are serious that the person actually committed the offence that warranted his detention, you should make his trial open for the people to see. Trying Nnamdi Kanu in secret means that those holding him have something to hide.”

Government Wants To Avoid Breakdown Of Order – Businessman

Jasper Nduka, a Owerri-based businessman, said: “Let us tell ourselves the truth, if you conduct the trial of Nnamdi kanu publicly, there might be stampede, chaos and confusion and possibly, total breakdown of law and order.
“The issue of Nnamdi Kanu is something that is on the lips of every Igbo man at all times. People are curious to know what the government will do with the young man.
“I can assure you, if you try him here in Owerri, all the KEKE NAPEP operators and Okada riders, artisans, school children and others will abandon their businesses and storm the court premises to witness what will happen. To this extent, I support secret trial as against public trial. But, let justice be done.”

‘Let Kanu Be Tried In Open Court’

Chief Isaiah Obimefule, Chairman, Timber Dealers Association, Oru West Council Area, said: “We want open trial for Nnamdi Kanu and nothing less. You said that he committed a treasonable felony because he is agitating for a just cause.
“Let us see and hear how he did it. If you are sure of your allegation, why try him in secret? You should let interested members of the public to witness his trial for posterity to know.”

Try Kanu Publicly, Nigerians Urge Buhari

In view of the flak generated by the arrest, detention and the proposed secret trial of the leader of the Indigenous Peoples of Biafra, IPOB and the director of Radio Biafra, Nnamdi Kanu, concerned Nigerians have warned against secret trial of the detainee.
Since his arrest, the Nigerian government has been insisting on his trial secretly, probably to avoid wide range of condemnation that would trail the outcome of such judgment, especially if it falls short of what the majority of the IPOB members worldwide would like to consider.
Barrister Johnson Ekott, a Port Harcourt-based legal practitioner and rights activist said: “Since there is no law in the country’s constitution that has provision for such secret trial, then Kanu must be given the privilege of being tried in the open court.
“The whole world will want to see the direction of the court judgment because tomorrow it would be cited as a reference material in a similar case that may crop up in the future. So, it is very important that everybody is given the opportunity to follow the case to its logical conclusion.
“I guess that what the federal government wants to do by insisting on the secret trial is to basically douse the tension that may arise as a result of the already envisaged outcome of the trial. It will not favour the defendant, because, government in itself has shown enough evidence that it would not be fair in the case.
“You accused this person of treason. Now, you want to try him in the secret from where you will send him straight to prison if found guilty as you have made everybody to believe. Such verdict, if allowed, would spark a crisis in the country and across other countries where you have IPOB members.”
Barrister Ekott warned that the only way the federal government can avert impending crisis in the case is to allow the court “which is the last hope of a common man to try Nnamdi Kanu openly. Thy witnesses must testify openly.
“The world wants to see transparency in the matter. And he must be given that right and avoid any form of crisis that may ensue thereafter.”
Campus Udechukwu, a businessman, vowed: “The economy of Nigeria would sink if anything happens to our leader (Kanu). The idea of trying Kanu secretly is a clear indication that they (federal government) have concluded arrangement to hang him.
“We will resist it. Nobody will open shop that day for any business. We will protest for several days and Nigeria will come to its knees. Our leader, Nnamdi Kanu, must be tried openly. They want to concoct lies and put on his head so that they will send him to jail. It will never work.
“In the constitution of this country, I believe that there is a freedom of speech and association. In the first place, why did they have to arrest Kanu over the state of Biafra?  Why must a responsible government go after innocent people who make genuine demand?”
Campus noted that with the present economic recession pinning down the country’s progress, “we should avoid anything that will cause the Ndigbo, who are potential traders and are scattered everywhere in this country, to lock up shops against their buyers. It spells doom.”
He however called on the international community to prevail on President Muhammadu Buhari who he said “does not have an iota of respect for the rule of law, to drop the idea of trying Kanu secretly, because, doing so means that he has already declared him guilty of the allegation.”