Bombshell: See Emeka Ugwuonye Views On Kanu’s Bail Conditions

In the video comments I made yesterday, I
promised part 3. Many of my readers and interested
parties have sent messages demanding for the
promised part 3. I will give it to you. But…..
Before I joined the defense team in this case, I had
commented frequently on the case as an interested
public interest lawyer. As such, I had a wide latitude
as to what I could say or write.

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Then I owed
obligations only to my readers. But now that I’m
counsel in the case, my capacity to comment on
the case is far more restricted. Now, I owe my first
obligation to Mr. Kanu. I owe obligations to the
court. I owe obligations to other lawyers in the
case, in addition to my obligations to my readers. It
means that before I make any comment, I must
consider what all these people would think or feel
about it, and how my comments may affect them.
So, do not be surprised if you notice certain delay
or hesitation before I comment these days.

The part 3 of the video comments I promised has
to do with my assessment of the bail conditions
handed down by the court. The question is whether
or how soon Kanu would meet the conditions-
precedent and come out before dealing with those
conditions that are conditions-subsequent. It is not
for a lawyer in such a high profile case to declare
the terms of bail either too harsh or not. It is good
to first confer with your client and understand what
the options are and the resources available.

But I read in many places today where various
people were commenting on the terms of bail in
such pessimistic tone. Some were so imprudent as
to suggest that victory of yesterday was nothing
because of the conditions. But these are comments
coming from people with little knowledge of law
and legal matters. They are not even able to
distinguish between those conditions that are
conditions precedent (must be met before he can
be released) and the conditions subsequent (must
be met after he is a free man). Without basic
knowledge of the subject matter, many are running
their mouths. I have no doubt that Kanu will meet
those terms and be out this week.
As for the conditions precedent, he will meet them
easily. That’s my opinion. And as for the conditions
subsequent, there are a number of ways to deal
with them. But let him come out first. One such way
to deal with the conditions subsequent is to apply
to the court to vary the terms. Another way is to
appeal against the conditions.

This is really no
brainerd.
One thing the pessimistic commentators failed to
understand was that any judgment granting Nnamdi
Kanu bail was a fundamental development or a
point of strategic inflection in the case. This is
because on 31st December, 2015, President Buhari,
in a media chat, declared that Nnamdi Kanu, Dasuki
and Zakizaki would never be grated bail. Of those
three, Nnamdi was grated bail. That was a
landmark performance for Nnamdi Kanu. But it
takes intelligence to understand that. What the court
did was essentially to disagree with the President.

If Nnamdi Kanu is free, he will be able to direct his
legal team in a more effective and organized
manner. You do not understand how difficult it is to
visit him in Kuje. The kind of harassment and
intimidation people go through each time is
unimaginable. Even as a lawyer, I still have to fill
out long application form for the DSS use in Kuje
Prison each time before meeting him. They have to
search me down into my socks before letting me
meet with him. It has been a dehumanizing
experience, as his counsel visiting his client. Can
you now imagine other people, relatives and friends
who come to visit him and get turned back? All that
would end if he comes out on bail.
Also, granting Nnamdi bail means that the other
defendant will be out soon, as there is really no
further basis to continue their detention. So, every
reasonable and informed person should see the
decision yesterday as a landmark development in
the case.

One more thing I feel I should say here. Many have
sent me greetings and messages of appreciation for
the progress recorded with the granting of bail. The
credit must go to all the lawyers who have worked
on the case right from the beginning till date. As
you all know, I’m new in the case and what you saw
today is a culmination of efforts of all the lawyers.
My role has been modest. I was to focus on the
strategy and the psychology of the team. And so
far, the case has remained in the motions stage and
trial has not really begun. At this point, the key is
ensuring an effective cyncronisation of the tactical
and psycho-juridical dynamics in the case. We have
some traction and momentum that must be
maintained.

Also credit goes to Nnamdi Kanu
himself. Unknown to many of you, Mr. Kanu is a
hands-on client. He is intelligent and he
understands the trajectories and dimensions of the
progress of the case. He knows the right time to
deploy the various resources and assets at his
disposal. For instance, he knew the precise
moment to bring me in. They called and said the
Director needed to see me. Bang: I was with him in
Kuje and he knew exactly what he wanted me to do
as a lawyer in the case. You have to give it to him.
I will still make the part 3. But manage with this
until then.

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