THE FALTERING AND LILLY-LIVERED ECOWAS COMMUNITY COURT OF
JUSTICE LACKS JUDICIAL COURAGE
With utter disappointment and feelings of distraught, the
Indigenous People of Biafra (IPOB) have determined that the ECOWAS Community
Court of Justice (ECCJ) lacks the courage to deliver justice dispassionately.
According to information from its website, the ECCJ “has jurisdiction to determine cases of
violation of human rights that occur in any Member State.“ Regarding applicable
laws, the ECCJ noted on its website that
it “applies Treaty, Conventions, Protocols, and Regulations adopted by ECOWAS
as well as Article 38 of the Statute of International Court of Justice.“ The
regional court further stated that “in the area of human rights protection, the
ECCJ equally applies international instruments relating to human rights
ratified by the State or States party to the case.“ Then why is the ECCJ afraid
to give decisive judgment on the case of Nnamdi Kanu versus Federal Government
of Nigeria? Why are the Judges postponing the ruling date in perpetuity, if
they have nothing to hide?
Recall that on March 2nd, 2016, Mazi Nnamdi Kanu filed a
lawsuit at the ECCJ against the Federal Republic of Nigeria on the issue of
violations of his fundamental human rights and sought enforcement of same
rights as well as compensations from the Federal Republic of Nigeria. At the
October sitting of the ECCJ, the case was adjourned to November 8, 2016. When
the case came up on November 8, the presiding Judge, Micha Wright, again
adjourned it to February 9th, 2017 for Ruling. On the 17th of January 2017 and
without waiting for the February 9th, 2017 date to come, the ECCJ again
adjourned the date of the Ruling to March 7, 2017, with a caveat that even the
March date is subject to further adjournments.
We ask the ECCJ the following questions; why will it take
more than one year to hear and deliver judgment on a simple case of violation
of fundamental human rights? Why the multiple adjournments at the stage of
delivering judgment? How come the cases of Sambo Dasuki and Sheikh Ibrahim
Zakzaky which bothered on the same fundamental human rights violation, were
started and concluded within six months? Is it because Nnamdi Kanu is a
Christian or is it because he is from Biafraland and not from the Northern part
of Nigeria?
The ambivalence and the seemingly compromised attitude of
the ECCJ is one of the factors propelling Biafrans to seek the restoration of
the nation of Biafra. In Biafra, we will show the world that we do not settle
for dismal and cowardly performance when it comes to the dispassionate and
timely dispensation of justice. Unlike the shenanigans going on both at the
ECCJ and in Nigerian courts, the Biafran judicial system will be comparable to
what obtains in the Western world.
We assert that the behaviour of the ECCJ on this occasion is
encouraging tyranny and abuse of human rights rather than holding the
dictatorial and totalitarian government of Muhammadu Buhari to account. The
ECCJ is a court of law and, therefore, required by convention and statute to
interpret the law. Shying away from delivering a judgment in this case is not
only repugnant but is an abdication of responsibility. Regional and national
courts in other continents such as North America and Europe are known to be
courageous, impartial, and impervious to ethnoreligious influences even when a
case is between an individual/group and the State. In such landmark cases,
judgments are pronounced without fear or favour. A typical example is the USA
versus Schooner Amistad case of 1841 in which a landmark judgment was made in
favour of the poor African slaves from Sierra Leone.
Recently, President Ellen Johnson-Sirleaf of Liberia
reminded Honourable Justice Jerome Traore and the entire ECCJ of their noble
role in the “protection of the human rights of community citizens and promotion
of justice“ because according to her “injustice breeds, chaos, destruction, and
even death.“ IPOB is appalled that despite these admonitions, the ECCJ has
reneged on its roles and responsibilities. We assert that there is absolutely
no reason for the ECCJ to dilly-dally in making a Ruling expeditiously in the
case of violations of fundamental human rights instituted against Nigeria since
March 2016.
The Indigenous People of Biafra (IPOB) wish to express their
utter dismay and disappointment with the ECCJ. We believe that the ECCJ lacks the
courage and impartial mindset needed to deliver justice promptly in the case
instituted by Mazi Nnamdi Kanu, hence the ECCJ resorted to adjournments after
adjournments. To this extent, we conclude that the ECCJ has failed to live up
to expectations and we do not expect justice from its court given numerous
adjournments that have made a mockery of the regional judicial system.
Signed
Barrister Emma Nmezu
Dr. Clifford Chukwuemeka Iroanya
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