BreakingNews 23/11/15 - Return of Black Sheep in Nigerian Judiciary: DSS On Rampage Against Dasuki, Kanu Using Trumped Charges, Abusive Power of Arrest

[ Masterweb Reports: Intersociety reports ] - (Jos, Nigeria 20th November 2015)-The leadership of International Society for Civil Liberties & the Rule of Law is shocked and alarmed over steady perpetration and perpetuation of anti democratic, anti rule of law and anti constitutional conducts by the Buhari administration otherwise called State terrorism. The most shocking aspect of it all is that as days go by, these despicable and condemnable conducts continue to escalate and deepen. The DSS has fully gone on rampage against Citizens Nnamdi Kanu and Sambo Dasuki using trumped up charges, kangaroo court orders and abusive power of arrest.
Further, as there are spoilers of peace and conflict profiteers in violent conflict; the State terrorism governing styles of the Buhari administration have also thrown up profiteers of self determination or peaceful assemblies. The commonwealth of Nigerians are now hugely deployed by the so called powers that be to hire leprous voices to label those exercising their legitimate and constitutionally given rights to peaceful assembly and association; movement, personal liberty, life, dignity of humanperson, fair hearing and equality before the law as well as their regionally and internationally guaranteed rights to existence, development and self determination; as evil doers, jobless people in Europe, street urchins and jobless citizens in the streets of Nigeria.
Rather than going back to the governance drawing board to right the wrongs being complained of or agitated against, zero-sum game or lose-lose approaches instead of win-win approaches have been extensively deployed by the Buhari administration to escalate the raging early warning signals. Today, the wife of the President has become a self appointed ambassador of war and divide-and-rule; visiting blessed virgin Mary (mother of peace and enemy of injustice) adoration grounds; asking her to become the mother of injustice. Lepers of social justice and latter day Judases have also sprung up or mobilized and scripted to disassociate or renounce their constitutional, regional and international rights cited above, which are being asserted peacefully for collectivism by other millions of Nigerian citizens. These damage control and divide-and-rule approaches so presidentially deployed have further emboldened the peaceful self determination agitators and drawn more global attentions and sympathies for their local, regional and international legitimate cause.
History has not forgotten to remind all and sundry that it was the fears of the minority nationalities over their possible dominance by the majority nationalities in the (would be) post colonial Nigeria that led to enshrinement of the Fundamental Human Rights Charter into the Independence Constitution of 1960. The same history further reminds that it was the Willinks Commission of 1957 that made such noble recommendation. Today, the Fundamental Human Rights Charter of the 1999 Constitution has not only served as a major basis for the advancement and protection of the rights of the minority  nationalities, but also the rights of all Nigerians including the serving and past political office holders.
Return of Black Sheep in the Nigerian Judiciary: It is our authoritative information that the captivity ordeal of Citizen Nnamdi Kanu has further been compounded and complicated by President Muhammadu and his DSS. Apart from deliberate and inexcusable failure of the President and his DSS to produce Citizen Nnamdi Kanu in the Wuse Zone 2 Magistrate Court yesterday, as earlier ordered, for his trial leading to another firm order of the Magistrate Court (presided over by Mr. Shaibu Usman) for his mandatory production on Monday, 23rd November 2015; it is further socking to inform that the DSS has obtained a black market or phantom order  of the Federal High Court in Abuja to keep Citizen Nnamdi Kanu in detention for ninety (90) days; starting from 10th November 2015. The order was dated same 10th November 2015.
The DSS had on 10th November 2015 (after detaining Citizen Nnamdi Kanu extra judicially for 21 days) secretly and un-popularly sought and obtained an ex-parte order or order ex-parte from Federal High Court Six sitting in Abuja, presided over by Hon Justice Alfa Ademola for detention of Citizen Kanu for ninety (90) days; for the purpose of investigating him for terrorism and terrorism financing. The spurious order was sought and obtained through a suit number: FHC/ABJ/CS/873/2015.
The order was sought and obtained in fragrant abuse of the court process and disregard of the three consequential orders (bail, production and transfer to prison) of the Wuse 2 Magistrate Court made on 19th, 23rd and 26th October 2015 against the DSS. In granting the ex-parte order, the presiding Judge (Hon Justice Ademola) unprofessionally issued the order without hearing from the accused person or his defense counsel considering the weighty nature of the matter, which also attracts death penalty on conviction.
The DSS obviously misled the Court by refusing to inform same of another pending criminal proceeding it had earlier initiated against the same accused at the Magistrate Court as well as its flouting of the three consequential orders of the same court. The Service also engaged in clear abuse of court process by gambling with the rule of law and judicial process (i.e. resorting to technical justice and looking for judges willing to do its illegitimate biddings).The Federal High Court, on its part, failed damnably to uphold the sacred principle of hear the other side or audi alteram partem. The Judge who granted the spurious order is a black sheep in the Nigerian Judiciary and a protagonist of State terrorism and dictatorship. He also acted as if he is a pastoral nomad emerging from Sambisa Forest suggesting that he does know anything about the social background of the subject matter; even if he was born outside computer age (BBC).
Spurious accusation of terrorism & terrorism financing against Nnamdi Kanu: Terrorism is commonly defined as the use of violence and intimidation in pursuit of political aims or an act designed to cause terror. It is also use of violence or threats to intimidate or coerce, especially for political purposes or a state of fear or submission produced by terrorism or terrorization. In Nigeria, there is the Terrorism (Prevention) Act of 2011 (amended in 2013). The Act had 41 sections and a schedule. Its Section 1(2) defines “act of terrorism? as an act which is deliberately done with malice after thought and which is intended or can reasonably be regarded as having been intended to (1) unduly compel a government or international organization to perform or to abstain from performing any act (II) seriously intimidate a population,(c)(I) may cause serious bodily harm or death (II) kidnapping of a person (III) destruction of a government or public utility, a transport system, an infrastructure facility, including an information system, a fixed platform located on continental shelf.
By its Section 1 (2) (h), anybody found guilty of terrorism in Nigeria is liable to be sentenced to death, while anybody found guilty of conspiracy in the commission of terrorism will be liable to life imprisonment. Section 2 gives power to a high court Judge to proscribe an organization that has a legacy of terrorism. However, this must be through an application made by the Attorney General of the Federation (AGF), National security Adviser (NSA) and Inspector General of Police (IGP) on the approval of the President. The proscribed organization(s) and the notice must be published in the official Gazette. Therefore, any person who belongs to such proscribed organization is guilty on conviction to a maximum term of 20 years imprisonment.
Apart from this section, Section 9(4) empowers the President to declare a body an international terrorist group if there are reasonable grounds to believe that such a group is under the influence of persons or groups outside Nigeria or listed as a terrorist group(s) in any United Nations Security Council, African Union or Economic Community of West African States (ECOWAS) Resolution?. But such presidential action must emanate on the recommendation of NSA and IGP. Section 10(1) is intended to monitor the movement of funds which terrorists use to cause mayhem in the neighbourhood. It clearly states that a person who provides funds with the intension of
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