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AVID Berates Justice Omotosho’s Ruling, …Cautions of plot to deny Kanu of Fair Hearing

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IPOB leader, Mazi Nnamdi Kanu

By George Mgbeleke

The American Veterans of Igbo Descent (AVID) has condemned what it described as a “continuing judicial travesty” in the ongoing trial of the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, before Justice James Omotosho of the Federal High Court, Abuja.

AVID, in a statement issued on Thursday and signed by its President, Chief Dr. Sylvester Onyia, AVID expressed “grave concern and total condemnation” over what it called the erosion of constitutional and judicial standards in Kanu’s case.

The statement alleged that the trial lacked legal foundation and violated both domestic and international principles of fair hearing.

“Nigeria’s 1999 Constitution (as amended) is clear under Section 36(12) that no person shall be tried for any criminal offence unless that offence and its penalty are defined in a written law,” the group stated.

“This is a non-derogable constitutional safeguard, a cornerstone of due process, and a measure of any civilized nation’s commitment to justice.”

According to AVID, the Nigerian government continues to prosecute Kanu under the repealed Terrorism (Prevention) (Amendment) Act, 2013, despite the enactment of the Terrorism (Prevention and Prohibition) Act, 2022, which replaced it.

“Yet, before the world and under Justice Omotosho’s watch, the Nigerian state persists in trying Mazi Nnamdi Kanu under a dead law — the Terrorism (Prevention) (Amendment) Act, 2013 — which ceased to exist upon the enactment of the Terrorism (Prevention and Prohibition) Act, 2022,” AVID said.

“Justice Omotosho, contrary to the mandatory duty of judicial notice under Section 122(2)(a) of the Evidence Act, has refused to acknowledge this repeal. This is not a mere oversight; it is a judicial dereliction of constitutional duty.”

The group further faulted the judge’s alleged decision to defer ruling on issues of jurisdiction and double jeopardy until final judgment, insisting that such questions strike at the root of any criminal trial.

“Justice Omotosho’s posture of ‘wait till judgment’ on questions of jurisdiction, double jeopardy, and validity of charge is the opposite of established precedents of the Supreme Court of Nigeria,” the statement noted.

“Jurisdictional defects strike at the root of a case and must be determined forthwith, not deferred. No court, no matter how highly placed, can arrogate to itself jurisdiction it does not possess,” the statement emphasised.

AVID cited Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, which, it said, requires that any alleged terrorism committed abroad must also constitute an offence in the jurisdiction where it occurred — in this case, Kenya, where Kanu was allegedly abducted.

“This double criminality requirement has not been met, yet the judge insists on proceeding, thus nullifying the moral and legal foundation of the entire trial,” the group argued.

The organization also accused Nigeria’s legal and judicial institutions of silence in the face of what it termed “constitutional infidelity.”

“It is appalling that in the face of such manifest constitutional infidelity, Nigeria’s legal institutions — the Nigerian Bar Association (NBA), the National Judicial Council (NJC), and so-called legal analysts — have chosen cowardly silence,” the group lamented.

“A nation whose lawyers fear to ask, ‘Under what law is this man being tried?’ has surrendered its conscience to tyranny,” the group added.

AVID also expressed concern over what it called “the destruction of every element of fair hearing” guaranteed under Section 36(1) of the Constitution.

“From the denial of access to lawyers and family in DSS custody to the judicial disregard of documentary evidence before the court, every element of fair hearing has been destroyed in Justice Omotosho’s court,” it said.

Citing an incident in open court, the veterans’ group claimed Kanu had asked for a brief recess in the judge’s chambers “to prevent the judiciary’s embarrassment” but was denied.

“When Mazi Nnamdi Kanu, in court, asked for a five-minute recess in the judge’s chambers to prevent the judiciary’s embarrassment, he was rebuffed,” AVID said.

“When he raised the profound constitutional question — ‘Under what law am I being tried?’ — Justice Omotosho retorted, ‘Wait till judgment.’ That a sitting Federal High Court judge can preside over a criminal trial without identifying a subsisting law is the ultimate indictment of Nigeria’s judicial decay,” AVID stressed.

The group called on international bodies, including the United Nations Human Rights Council (UNHRC), the U.S. Department of State, the African Commission on Human and Peoples’ Rights, and the International Criminal Court (ICC), to monitor and document what it described as “ongoing judicial abuses in Nigeria.”

“The trial of Mazi Nnamdi Kanu, in its present form, is not just a constitutional aberration but an affront to international human rights standards on fair trial and rule of law,” the statement read.

AVID urged Nigeria to “choose between law and lawlessness,” saying the ongoing proceedings undermine the nation’s claim to democracy.

“Justice Omotosho’s courtroom has become a theatre of constitutional absurdity — a place where a man is asked to defend himself against a non-existent law, where judicial notice is optional, and where constitutional provisions are treated as irritants,” the group said.

“If Nigeria still claims to be a constitutional democracy, it must immediately halt this charade, restore the rule of law, and release Mazi Nnamdi Kanu unconditionally.”

Law & Crime

HURIWA Raises Alarm Over Ufoma Immanuel’s Health, … Demands Immediate Hospital Transfer ….Says Court Order Must Not Be Treated as a Suggestion

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Mr Ufoma Joseph Immanuel

By George Mgbeleke

The Human Rights Writers Association of Nigeria (HURIWA) has raised the alarm over the continued detention of an Abuja based businessman Mr Ufoma Joseph Immanuel at the Kirikiri Medium Security Custodial Centre in Lagos, despite a Federal High Court order directing his immediate transfer to the Lagos State University Teaching Hospital (LASUTH) for medical treatment. Both the man and another business partner Mr. Adebutu have disagreement concerning a business before he was dragged to court by the EFCC and since then, has been refused bail even when the matter is ordinarily bailable.

HURIWA said the matter has gone beyond a routine detention issue because it concerns the health, liberty and fundamental rights of a detainee who is yet to be convicted.
According to the association, the Tunji Braithwaite Foundation (TBF), which has been monitoring Ufuoma’s case, first alerted correctional authorities on July 10, 2026, about his deteriorating health and requested his urgent transfer to a hospital.
Following the alleged failure to act, TBF approached the Federal High Court.
HURIWA said Justice D. E. Osiagor subsequently ordered on July 16, 2026, that Ufuoma be immediately transferred to LASUTH for medical treatment.
The association expressed concern that the order has allegedly not been complied with.
HURIWA said TBF has also served a Form 48 on the Controller of Corrections, Lagos State Command, warning of the consequences of alleged disobedience of the court order.
‘A Court Order Is Not Optional’
HURIWA said the alleged failure to comply with the court directive raises serious concerns about respect for the rule of law within the correctional system.
The rights group called on the Minister of Interior and the Comptroller-General of the Nigerian Correctional Service to intervene immediately and ensure compliance with the court order.
“A court order is not a piece of advice to a government agency. It is a command of the law and must be obeyed,” HURIWA said.
The group also called for an independent investigation into any allegation that correctional officials were improperly influenced to prevent Ufuoma’s medical transfer.
HURIWA stressed that any allegation of bribery remains an allegation and should be independently investigated before any conclusion is reached.
HURIWA Questions Criminalisation of Commercial Dispute
HURIWA also expressed concern about the nature of the case against Ufoma.
The association said its understanding is that the dispute arose from commercial dealings involving business and shareholding interests, and questioned why what it considers a commercial dispute should result in prolonged criminal detention.
However, HURIWA acknowledged that determining the proper legal character of the case is the responsibility of the court.
The group urged all parties to allow the judicial process to determine the dispute while ensuring that Ufoma’s constitutional rights are protected.
HURIWA reminded the authorities that an accused person is presumed innocent until proven guilty by a competent court.
The association also expressed concern over reports of repeated denial of bail, as well as claims that Ufoma’s passport has been seized and his bank accounts, together with those of his wife, frozen.
It urged the court and relevant authorities to ensure that all restrictions imposed on the accused are lawful and consistent with the principles of fair hearing and due process.
‘Only the Living Can Defend Themselves’
HURIWA said Ufuoma’s health remains the most urgent concern.
The association warned that keeping a seriously ill detainee away from a medical facility ordered by a court could affect his ability to participate effectively in his defence.
“Only the living can face justice. Only the living can defend themselves against criminal allegations,” the group said.
HURIWA therefore demanded the immediate transfer of Ufuoma to LASUTH in compliance with the Federal High Court order.
It also urged the correctional authorities to provide him with adequate medical care while the legal proceedings continue.
The association said the case should not become another example of how prolonged detention, delayed medical care and alleged disregard for due process could undermine public confidence in Nigeria’s justice system.
HURIWA called on the Minister of Interior, the Comptroller-General of the Nigerian Correctional Service and other relevant authorities to act without further delay.

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Law & Crime

IYC is committed to Peaceful Resolution to Eruani, Daukoru Dispute– Ayebakuro Igbeta Itari Esq

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By David Owei

The Ijaw Youth Council (IYC) Worldwide says it remains committed to securing a peaceful resolution to the legal dispute between Dr. Azibapu Eruani, President of Azikel Group, and Mr. Kariyai Daukoru.

The National Secretary of the council, Barr. Dr. Ayebakuro Igbeta Itari, said this in a statement on Monday, explaining the efforts of the IYC’s 10th National Executive Council (NEC) to resolve the dispute.

Itari said the intervention followed the inauguration of the 10th NEC, led by Comr. Dr. Doubra Collins Okotete, on July 22.

He said the council had engaged Eruani, Daukoru, their representatives and the Bayelsa State Government in an effort to de-escalate the dispute and explore reconciliation.

The dispute involves ongoing legal proceedings arising from contractual claims, as well as allegations bordering on criminal defamation and cyberstalking.

Itari said the IYC initially contacted Eruani to explore possible avenues for securing Daukoru’s release from the Kuje Correctional Centre.

According to him, Okotete held telephone conversations with Eruani while he was abroad and later met him on three occasions after his return to Nigeria.

He said the IYC also contacted persons nominated by Daukoru’s wife and family to gain a better understanding of the circumstances surrounding the dispute.

Itari said the council intervened after receiving information about a planned solidarity march by youths and possible counter-demonstrations by groups sympathetic to Eruani.

He said the IYC subsequently appealed to affiliate organisations to suspend planned protests and demonstrations to create an atmosphere conducive to dialogue.

“Our initial objective was to encourage Dr. Eruani to consider withdrawing the criminal defamation and cyberstalking proceedings against Mr. Daukoru,” he said.

“This was to create an avenue for his possible release while allowing the substantive civil dispute to proceed through appropriate legal channels.”

However, Itari said Eruani maintained that he had no personal interest in keeping Daukoru incarcerated.

He said Eruani alleged that Daukoru’s social media activities had damaged his reputation, business interests and the image he had built over the years.

According to Itari, Eruani said he would consider withdrawing the criminal proceedings if Daukoru demonstrated genuine remorse and issued a public apology through the same channels where the alleged defamatory publications were made.

The statement said Eruani also questioned the intervention of the IYC, arguing that Daukoru had family, community leaders and traditional institutions that could mediate the dispute.

Itari said the IYC subsequently raised the matter with Gov. Douye Diri during the council’s maiden meeting with him.

He quoted Diri as saying that the matter had not reached a stage requiring direct intervention by the state government.

The governor, according to the statement, advised the parties to explore family, community and traditional institutions in seeking dialogue and reconciliation.

Diri also cautioned youths against using social media to circulate unverified information or launch personal attacks, saying such actions could have serious consequences.

Itari said the IYC president and members of the 10th NEC later visited Daukoru at the Kuje Correctional Centre on Aug. 21.

He said the delegation briefed Daukoru on the council’s engagements with Eruani, the state government and other stakeholders.

Itari said the IYC told Daukoru that its intervention was focused on his welfare and freedom, and was not intended to interfere with his civil claims.

He said the council specifically distinguished the criminal proceedings from Daukoru’s reported civil claim involving about N1.9 billion in compensation.

According to him, Daukoru maintained that he would not apologise to Eruani on terms he did not accept.

“He maintained that he did not cyberbully or defame Dr. Eruani and alleged that the media attacks began from the other side,” Itari said.

He added that Daukoru expressed confidence in his legal team and determination to pursue the cases to their logical conclusion.

Itari said the IYC had consequently reached the conclusion that it could not compel either party to accept a settlement.

He said Eruani had expressed willingness to consider a negotiated resolution, subject to certain conditions, while Daukoru remained opposed to issuing an apology.

“The IYC 10th NEC remains committed to peaceful resolution, reconciliation and the protection of the interests of all Ijaw people,” he said.

He said the council would continue to respect the independence of the judiciary and the rights of all parties involved in the dispute.

Itari said the IYC was committed to promoting alternative dispute resolution, dialogue and reconciliation whenever both parties were willing to explore those options.

“The 10th NEC is not driven by emotions, sentiments or partisan interests. Our position is simple: we want peace, justice, reconciliation and the protection of Ijaw lives, potentials and businesses,” he said.

He said the council would neither take sides blindly nor allow itself to be used to vilify one Ijaw person against another.

According to him, the IYC believes that no Ijaw person should be unnecessarily lost to prolonged incarceration where there remains an opportunity for dialogue and peaceful settlement.

Itari said the council would remain available to facilitate constructive engagement between the parties whenever they were prepared to explore a peaceful resolution.

He said the statement was issued to present the council’s position and clarify its interventions amid what it described as conflicting narratives circulating on social media.

“Ijaw First. Unity Above Division. Peace Through Dialogue,” he said.

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US judge grants FBI request to review Tinubu’s files in private

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President Bola Ahmed Tinubu

A Washington-based lobbying firm, Von Batten-Montague-York, L.C., has claimed that a U.S. federal court has taken a new step in the long-running Freedom of Information Act (FOIA) case seeking the release of alleged drug-trafficking records linked to President Bola Ahmed Tinubu.

In an update posted on X, the firm said it had been informed that Judge Beryl Howell of the U.S. District Court for the District of Columbia this morning granted the FBI permission to submit the documents to the court privately, for in-camera review.

According to the post, the judge has given the FBI, the Drug Enforcement Administration (DEA), the Department of Justice (DOJ), and President Tinubu until August 28, 2026, “and no later,” to file their opposition to the release of the records. The firm described the “and no later” language as a sign that the court has reached its limit.

The post reads: “We have now been informed that @uscourts Judge Howell this morning granted the @FBI permission to provide the court with the documents in private…

“This has not yet been published on the court docket as of this evening, and the claim is based solely on the law firm’s X post. Meta AI has not independently verified the August 28 date.”

Background

The case stems from FOIA requests filed by American Aaron Greenspan between 2022 and 2023 seeking records from the FBI, DEA, IRS and other agencies relating to a 1990s Chicago heroin trafficking investigation.

In April 2025, Judge Howell ruled that the FBI and DEA’s use of a “Glomar response” — neither confirming nor denying the existence of such records — was “neither logical nor plausible” after the agencies had already officially confirmed investigations relating to Tinubu.

Judge Howell ordered the agencies to release non-exempt documents, noting that privacy interests were outweighed by public interest. The investigation is linked to a 1993 civil forfeiture in which $460,000 in funds connected to Tinubu were forfeited to the U.S. government. Tinubu was not criminally charged and has consistently described the matter as a civil settlement.

Von Batten-Montague-York, L.C., which public filings show was hired by former Vice President Atiku Abubakar in March 2026 to “protect and strengthen his reputational standing” in the U.S, made two additional claims in its post:

The firm claims the FBI has now admitted it holds “highly sensitive drug-trafficking-related information” about President Tinubu, and that seeking private review is standard procedure for protecting informants.

The post contrasts the DOJ under President Joe Biden, which it says blocked and stonewalled, with the DOJ under President Donald Trump, which it says is “moving fast and being transparent.”

The firm repeats an unverified allegation that President Tinubu “ratted out his alleged co-drug traffickers in exchange for immunity.” No U.S. court has found Tinubu to have been an informant, and that allegation has not been confirmed by the FBI or DOJ.

The firm also thanked President Trump and White House senior staff for moving the case forward.

If the claim is accurate, the in-camera review would allow Judge Howell to privately assess whether the documents are exempt from release under FOIA, particularly exemptions that protect law enforcement sources and methods, before issuing a final order on public disclosure.

The FBI, DEA and DOJ have previously requested additional time to compile and review records. President Tinubu’s U.S. counsel has not publicly commented on this latest alleged order.

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