December 15, 2016
Press Statement
JUSTICE BINTA FATIMAT MURTALA-NYAKO IS A DISGRACE TO THE
JUDICIARY AND COURSE OF JUSTICE
Without any shred of doubt, Hon. Justice Binta Fatimat
Murtala-Nyako (57 years old) is a monumental disgrace to the Judiciary and the
greatest purveyor of injustice ever known to man. The world must be put on
notice that this female Judge lacks basic understanding of her job as well as
the capability to differentiate between a private citizen and a public servant
at the level of the President of a country. In
her gaffe on the 1st of December 2016 which was the day she denied bail
for Nnamdi Kanu, Justice Binta Murtala-Nyako averred that Muhammadu Buhari’s
prejudicial statement on Nnamdi Kanu’s case during his Presidential media chat
of December 30, 2015, was a mere comment from a private citizen which he
(Buhari) is entitled to as part of his fundamental human right. We are not
surprised that on the night of the same day of her gaffe, Justice Binta
Murtala-Nyako had a dinner at the Presidential Villa with Muhammadu Buhari.
It is on record that Muhammadu Buhari has written four
letters to Justice Binta Murtala-Nyako concerning Nnamdi Kanu. In one of the
recent letters, Buhari reminded Justice Binta Murtala-Nyako that her eldest son
was implicated in a fraud involving her husband. The letter which was
personally signed by Buhari stated that probe would commence into the
activities of her son unless she jails Nnamdi Kanu before Mr. Donald Trump's
inauguration on the 20th of January 2017. Therefore it does not come to us as a
surprise that on December 13, 2016, Justice Binta Murtala-Nyako was blackmailed
into delivering the ruling for the secret trial of Mazi Nnamdi Kanu.
For those who do not know, Justice Binta Murtala-Nyako is
one of the four wives of Mr. Murtala Hamman-Yero Nyako, a retired Naval officer
and an impeached governor of Adamawa state who is currently being prosecuted
along with his son (Abdul-aziz Nyako) for stealing over twenty-nine billion
naira.
Further research has revealed that Justice Binta
Murtala-Nyako is the wife of a terrorist in the person of Mr. Murtala
Hamman-Yero Nyako. On the 30th of May, 2014, Pointblanknews reported as
follows: “no fewer than five hundred Fulani mercenaries trained in Sudan were
imported into the state and are camped at the border village of Typsen in
Toungo Local Government Area of Adamawa State on the instruction of the state
governor. The Fulani men are kept at the expense of the state government, fed,
well taken care of and paid a stipend of about N50,000.00 each monthly by the
state government with the tax payers’ money (Pointblanknews May 30th, 2014).“
It will also be recalled that Justice Binta Murtala-Nyako is
being fingered on the mysterious death of Justice Evoh Chukwu of Federal High
Court Abuja who was initially presiding over the case of fraud and stealing
against her husband and her son. For the records, Mr. Murtala Hamman-Yero Nyako
had in October 2012 sent the name of his wife, Justice Binta Murtala-Nyako of
the Federal High Court, to the National Judicial Commission (NJC) as his
nominee for state Chief Judge but the request was thrown out by the NJC. With
all these affronts on ethics and the Constitution, Justice Binta Murtala-Nyako
has the temerity to continue to serve as a Judge in a Nigerian Court.
We recall that on the 15th of July 1996, as the Attorney
General and Commissioner for Justice in Katsina state, Mrs. Binta Fatimat
Murtala-Nyako categorically stated that “as the chief law officer of the state,
my decision must be informed by the supreme law of the country which is the
Constitution.“ Can this same Justice Binta Murtala-Nyako point us to the
section of the Constitution that supports secret trial for the offences in
which Nnamdi Kanu and others are being tried? Why is Binta Murtala-Nyako
operating outside the Constitution of Nigeria which she swore to uphold as a
Judge? By approving secret trial, is Binta Murtala-Nyako invalidating
section-36 (especially sub-section 3 & 4) of Nigerian Constitution? Is
Justice Binta Murtala-Nyako aware that section-1(3) of the Constitution is
inviolable and supersedes any and all parts of ACJA-2015 that conflict with the
said section-1(3) of the Constitution?
It smacks of hypocrisy that Justice Binta Murtala-Nyako’s
husband who is a known terrorist and big thief was granted bail but she refused
to grant bail to non-violent persons such as Nnamdi Kanu and other Biafrans.
These Biafrans were neither accused of stealing any money nor were they accused
of funding Boko Haram terrorists like Mr. Murtala Hamman-Yero Nyako has done.
Again, this is the same Justice Binta Murtala-Nyako who, on the 7th of June 2016,
granted bail to a former Chief of Air Staff, Mohammed Umar, who was being tried
on a seven-count charge of laundering 4.8 billion naira, while he was Chief of
Air Staff.
We are moved to ask Justice Binta Murtala-Nyako, why try
Nnamdi Kanu in secret when the accusation against him was made in the open?
Where and when in the history of Nigerian court system have civilians been
tried in secret on civil/criminal matters? Is Binta Murtala-Nyako mistaking
Nigeria’s Common Law with Sharia Law which she is very comfortable with?
We understand that Justice Binta Murtala-Nyako is
trading-off justice for the freedom of her terrorist husband and thieving son.
We also know that Buhari targets weak and corrupt Judges like John Tsoho and
now Binta Murtala-Nyako who’s son and
terrorist husband appear to be caught up in something illegal to warrant Buhari
to use the illegal and unconstitutional organization called Department of State
Services (DSS) to be blackmailing her.
From her conduct in the ongoing case, the Indigenous People
of Biafra (IPOB) can infer that Justice Binta Murtala-Nyako is a disgrace to
the Judiciary and the course of justice and we no longer have confidence in her
impartial adjudication on the matter concerning Nnamdi Kanu and the other
Biafrans. She should honourably resign because she cannot be a Judge and the
wife of a terrorist at the same time. Also, she should confess her culpability
in the death of Justice Evoh Chukwu who’s life she terminated in order to save
her terrorist husband and thieving son. We fervently pray that Justice Binta
Murtala-Nyako does not also terminate the life of the 19-year old Aisha B.
Dauda of Unguwan Rimi—Kaduna whom she sees as snatching away her terrorist
husband, Mr. Murtala Hamman-Yero Nyako.
Finally, IPOB maintains that it behooves the Judiciary of
Nigeria to demonstrate that they understand basic English language even if they
don't know what Law means. The Constitution is the supreme document that
supersedes any Law that is in conflict with it. An abuse of the so-called
“discretionary powers of Judges“ in resolving minor legal wrangling is now
being deployed by corrupt Judges in Nigeria to justify their illegal judgments.
The next Judge that will handle this case must prove that he or she has a basic
grasp of English language and willing to interpret the Law the way it is
written. No system on this earth, no matter how primitive, can circumvent the
Constitution in order to please a dictator because the Constitution is
sacrosanct.
Muhammadu Buhari and his sister Binta Murtala-Nyako who
doubles as the wife of a terrorist must be notified that there shall be no
secret trial because the Constitution does not have provision for secrecy in
criminal trials.
Signed
Barrister Emma Nmezu
Dr. Clifford Chukwuemeka Iroanya
Spokesperson for IPOB
Spokesperson for IPOB
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