Nigerian law exposed to ridicule

Kanu in court

In spite of these passages, Tsoho on the 7th of March 2016 - ruled to accept the shielding of candidates, which amounted to secret trial, thereby raping the Nigerian Constitution and several other laws of Nigeria.

On February 19, 2016, Justice John Tsoho of the Federal High Court Abuja, Nigeria, ruled against secret trial of Nnamdi Kanu, the Leader of Indigenous People of Biafra (IPOB) who was in detention at Kuje prison in Abuja. He was charged with an offence bordering on treason.

But to the consternation of many in the legal profession, this same judge reversed himself on March 7, without an appeal from the prosecution. Meanwhile Nigeria’s so-called Constitution of 1999, which Nigerians claimed to be "supreme and supersedes every other law" in some of its provisions stood against secret trials.

For instance, its provision on Chapter 36, section 3, declares that “…the proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal shall be held in public.”

It goes on to state: “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality."

It states further, sub-section 2 under chapter 3 in section 36 says.. "Without prejudice to the foregoing provision of the section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law (a) provides for an opportunity for the persons whose rights and obligation may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and (B) contains no provision making the determination of the administering authority final conclusive."

In sub-section 4 of section 36, the Constitution also states that "Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to fair hearing in public within a reasonable time by the court or tribunal."

In spite of these passages, Tsoho on the 7th of March 2016 - ruled to accept the shielding of candidates, which amounted to secret trial, thereby raping the Nigerian Constitution and several other laws of the country.

Tsoho: The compromised judge

1.    Where is the fair hearing according to subsection 4 which gives the room/platform for fair hearing in public if witnesses will be shielded and the accused unveiled?

2.    Why is Nnamdi Kanu being charged for criminal offence in public and one judge wants his trial to be in secret when section 36 sub-section 1, 2, 3, and 4 of the Nigerian constitution had already kicked against secret trial and calls in room for public trial since the charge is been recorded as "criminal offence"?

3.    Why should Kanu be tried in secret when he was accused publicly?

That should tell anyone all he/she needs to know, that Nigeria is a failed nation and does not respect rule of law and order, and also does not respect its Constitution as claimed to be "supreme and supersede every other law enacted by the house of National Assembly".