But neither judges, nor attorneys general nor lawyers are shielded from prosecution for genocide or crimes against humanity before the International Criminal Tribunal. The principle that judges or prosecutors can be prosecuted for participation in the enforcement of illegal laws or the issuance of illegal orders that further genocidal objectives was established at Nuremburg in The Judges Trial sub. nom. United States of America v. Josef Alstotter, et al.( Military Tribunal III).
Even non-lawyers would recognize that Justice Kafarati order violated fundamental principles of civilized justice.
It was issued without notice to IPOB.
It was issued without offering IPOB an opportunity to respond.
It was issued after a secret meeting between Attorney General Malami and Justice Kafarati.
It was issued by a tribunal which notoriously operates as an arm of the executive branch through bribery or intimidation.
Victims of the barbaric Spanish Inquisition enjoyed more procedural safeguards against injustice and error than IPOB was provided.
The order was issued under the Terrorism Prevention Act of 2011 which defines terrorism, among other things, as an act or speech which â€œmay seriously harm or damage [Nigeria]â€¦â€ No actual harm or damage need be proven. An excited imagining of the conceivable is sufficient. Moreover, the definition absurdly transforms the exercise of fundamental human rights into terrorism. Under the 1948 Universal Declaration of Human Rights, IPOB commands a right to freedom of
opinion and expression and freedom of peaceably assembly and association. Yet Justice Kafaratiâ€™s terrorism order was provoked by IPOBâ€™s peaceful protest of Hausa-Fulani persecution of Igbos and association to obtain a Biafran self-determination referendum. That is the same right Great Britain has recognized for Scotland and Canada has recognized for Quebec………
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