IPOB Press Statement: JUSTICE BINTA FATIMAT MURTALA-NYAKO IS A DISGRACE TO THE JUDICIARY AND COURSE OF JUSTICE

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