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The Rule of Law shall prevail over the Executive machinations of Buhari and Biya.

WHY THE ABUJA HIGH COURT RULING WILL PREVAIL OVER THE YAOUNDE MILITARY TRIBUNAL

By Oswald Tebit

The Abuja High Court ruling today, in favour of Sissuku & Co is a land mark precedent which puts to test the Independence of the Nigerian Judiciary against the Executive branch of Government.

I can say here in this forum without a blink of an eye that Sissuku & Co shall be ‘re extradited to Nigeria. The Abuja ruling has triggered the imminent collapsed of the Trial at the Yaounde Military Tribunal.

Let’s look at the merits of the imminent collapsed of the Trial at the Yaounde Military Tribunal;

1) Jurisdiction; Because the defendants were transferred to Yaounde incommunicado, the Yaounde Military Tribunal has no jurisdiction to trial Sissuku & Co. Yaounde will need to proof to a higher International Court what due process they followed to extradite the accused. The Abuja Ruling has already indicted the Executive Arm of the Nigerian Government for violating the rights of Sissuku & Co. and for violating Nigerian Laws and The Nigerian Constitution.

2) UNHCR Docts The fact these same documents have been upheld by Abuja, Yaounde can’t turn around to say they are fake.
Both Cameroon and Nigeria are members of the U.N. and must respect the U.N. Conventions applicable in this case.

3) Nigeria’s International Reputation and Democratic Credentials; Nigeria is gunning to be a permanent member of the U.N. Security Council. If Nigeria fails to uphold it’s own laws and Constitution how then will other African countries respect her. South Africa who is competing with Nigeria for the position in UNSC will be keeping a close look to exploit any false move from Nigeria.

4) Higher Courts If the Nigerian Government fails to enforce the Abuja High Court ruling then the case will simply move to higher courts (Nigerian Supreme Court) then to Banjul, then HRC (Human Rights Committee) etc.
But I don’t think we will get to Banjul HRC.
The Nigerian Judicial System will settle the matter.
There is no way Buhari can overide the Nigerian Courts.

Case Precedent

Abu Hamza Vs The UK Government.
In their quest to get Abu Hamza extradited to the US, the UK Government suffered continuous defeats at the British Courts for 9 years continuously. The case went all the way to the European Human Rights Courts.
Yes the UK is an advanced democracy as compared to Nigeria. However The Nigerian Government will have to proof to the International Community it can respect The Rule of Law especially it’s own laws as she Nigeria is gunning to be a Big Boy in the International Community.
Big Boys respect the Rule of Law, else the world will be a jungle and anarchy will prevail.

Albert Womah Mukong Vs Cameroon [Communication No 458/1991, UN Doct. CCPR/C/51/D/458/1991 (1994). Human Rights Session – Firty First Session.

After having been unlawfully detained in prison without any convicted crimes in a court of law, Albert Mukong upon release from prison sued the Government of Cameroon for unlawful imprisonment.
Mukong won his case at the Human Rights Committee (HRC) against the Government of Cameroon who were ordered to pay Mukong compensation. The Human Rights Committee (HRC) ruled that the Government of Cameroon couldn’t infringed upon the rights of Mukong upon the justification of safeguarding the Unity of the State of Cameroon. The Government of Cameroon respected the verdict and paid Nuking hundreds of millions Fcfa.

There is substantial case precedent to corroborate the arguments for Why Buhari and the Government of Nigeria will be obligated to uphold the ruling of the Abuja High Court.

Conclusion
I therefore conclude, Sissuku & Co shall be ‘re extradited from Yaounde to Abuja. Upon arrival in Abuja they shall be set free and compensated financially for unlawful imprisonment.

The Rule of Law shall prevail over the Executive machinations of Buhari and Biya.

2 Comments

2 Comments

  1. Jon

    March 3, 2019 at 1:27 AM

    Wishful thinking!!! Imagine Bin Laden captured in Pakistan and taken to the United States. And a court in Pakistan rules that he should be brought back to Pakistan. Will the United States take Bin Laden back to Pakistan? NO! NO! The CIA and SEALS have captured terrorists and criminals abroad and taken them to the United States where they face justice. Have you heard of Gitmo? Your riff-raffs are not going back to Nigeria,never!, never!, never! Your leaders of the brutal death cult ambazonia crap are in good hands, the Special Military Court in Yaounde.

    Abu Hamza was extradited from the UK to the United States On 5 October 2012(after an eight-year legal battle) to face terrorism charges. On 19 May 2014, he was found guilty of eleven terrorism charges by a federal jury in Manhattan. On 9 January 2015, he was sentenced to life in prison without the possibility of parole. This is most likely, if not the death penalty, what awaits Sisiku and the other terrorists.

    They will never be sent back to Nigeria. They are not Nigerians, they are deplorable or undesirable Cameroonians, nay terrorists. I thought they said they are ambazonians, yet their crowd of third-rate lawyers couldn’t prove that. What a shame! Just gadflies. “All hats, no cattle”.

  2. sunshine

    March 3, 2019 at 10:04 PM

    biya, the despot of french camerooun, remains humiliated and despised in the eyes of Africa and the world.

    A fool is always wise in his own eyes. biya the french camerooun clown, the despot of his banana state has been humiliated in the eyes of Africa and the world. If not a fool and an illiterate, how can biya and the government of french cameroun think they can walk into another country and abduct people without any repercussions? On his high horse, biya is lamenting how blind and insensitive he conducted himself with no forethought of international implications. This are the last kicks of a dying horse. biya can apply the force of experience in corrupting the world bodies to annul the Abudja Court decision but all will end in futility. Whatever happens, Ambazonia will never be included in biya’s charade and cacophony called “living together.”

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