Ripples over Nnamdi Kanu’s court victory

After Thursday’s Appeal Court judgement which discharged the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, of all counts of terrorism charges preferred against him by the Federal Government, prominent individuals and groups of Igbo extraction, have called on President Muhammadu Buhari to unconditionally release the separatist leader.

They argued that the government had lost the legality to keep holding the IPOB leader in custody, and urged Buhari to honour his promise to a delegation of Igbo elders whom he promised to abide by the rule of law.

The Igbo stakeholders also suggested for a political solution to permanently resolve the lingering issues in the South East.

The Court of Appeal, Abuja, Thursday, held that the IPOB leader was “extra-ordinarily” rendition to Nigeria and that the action was a flagrant violation of the country’s extradition treaty and also a breach of his fundamental human rights.

The court, therefore, struck out the terrorism charges filed against Kanu and ordered his release.

The Appeal Court judgement followed an earlier ruling of the trial judge, Binta Nyako of the Federal High Court in Abuja, on April 8, dismissing eight of the 15 amended counts filed against him by the FG.

In a judgement on Thursday, the Court of Appeal panel led by Jummai Sankey struck out all remaining charges against Mr Kanu, ruling that the lower court “lacks the jurisdiction to entertain the suit.”

The court held that Mr Kanu’s extradition from Kenya in June 2021 to Nigeria without following the extradition rules was a flagrant violation of Nigeria’s extradition treaty and a breach of the IPOB leader’s fundamental human rights.

The separatist leader was accused of various offences in the 15 counts, including treasonable felony and terrorism, offences he allegedly committed in the course of his Biafra nation agitations.

The trial judge had ruled that Counts 6, 7, 8, 9, 10, 11, 12, and 14 were incompetent for not disclosing any valid offences against the defendant.

The judge had asked the prosecution to proceed to trial on the remaining seven charges, ordering the prosecuting lawyer, Shuaibu Labaran, to file a fresh proof of evidence before May 18, the next hearing date.

Sunday Vanguard reported that the judge, in a separate ruling on 8 April, validated the federal government’s repatriation of Kanu from Kenya to face the charges pending against him in Nigeria.

However, despite the appellate court ruling, the government has maintained that it would not release the IPOB leader.

The Attorney-General and Minister of Justice, Abubakar Malami, in a statement, late Thursday, by his spokesperson, Umar Gwandu, argued that the court only discharged Kanu, and did not acquit him.

Malami said the government was reviewing its legal options and could institute other charges against the IPOB leader, saying that the decision of the Appeal Court “was on a single issue that borders on rendition.”

But Igbo Lawyers Association, ILA, in a swift response, lambasted Malami for his position, arguing that the FG has no excuses not to obey the court judgement.

ILA Coordinator and Immediate Past Vice Chairman of the Nigeria Bar Association, Aba branch, Victor Onweremmadu, said the “AGF’s view on the matter is wrong and could amount to contempt of court.

“You cannot build something on nothing, it will crumble and that is what Malami is doing. He started on the wrong footing and the court is saying he can’t continue but he is saying that he must.

“That is wrong and can amount to contempt of court arising from disobedience to court judgement.

“As long as Nnamdi Kanu is in Nigeria through that forceful abduction, there can be no more trial on the matter because the trial court is barred”, Onweremmadu explained.

The ILA argued that the legal process of stay of execution applies only in civil matters but not in criminal matters, hence, “there’s no basis to continue holding the appellant”.

Also reacting, the Abia State governorship candidate on the platform of the All Progressive Grand Alliance, APGA, Professor Greg Ibe, advised the FG not to let the opportunity of restoring normalcy to the South East slip off.

He commended the judiciary for “affirming its position as the last bastion of hope for the common man and pleaded with the government to resist the temptation of appealing the landmark judgement.

Ibe advocated political solutions as a way of finding lasting remedies that would “engender peace while enhancing oneness and inclusivity”, and help stop the current Monday sit-at-home exercise that has destroyed the economy of the region.

In the same vein, the Co-Chair of the Interfaith Peace and Dialogue Forum, Bishop Sunday Onuoha, asked the FG to first, obey the court ruling by releasing Kanu even if it had the intention of appealing the judgement.

The cleric who was part of the delegation that had an audience with the President concerning Kanu advised him to avoid being seen as encouraging lawlessness.

His words:” When we met with Mr. President last year, he assured us that he would want the rule of law to take its course.

“So, since he has spoken to say he wants the rule of law, and a court of competent jurisdiction has said that Kanu is innocent, the President must honour his own words.

“Mr. President told us he wanted to toe the path of the law. Those who work with him should ensure that the words of Mr. President are honoured and respected”.

Similarly, the member representing Aba South state constituency in the Abia State House of Assembly, Hon. Obinna Ichita, advised the FG to consider some of the issues being raised by Kanu and his followers to permanently address them in the overall interest of the country.

This, he said, would help restore peace to the South East.

“The judgement is another boost to the effort to deepen democracy in our land. It speaks to the independence and erudition of the judiciary.

“The spontaneous excitement across the length and breadth of the land following the judgement validates the argument that Mazi Nnamdi Kanu is an important factor in any conversation towards finding a lasting solution to the challenges in the South East in particular and in Nigeria in general”, the lawmaker opined.

Meanwhile, Kanu’s family has described the judgement as a “victory for all”.

His younger brother, Prince Emmanuel, said the family expected the FG to comply with the judgement.

He said: “Nigeria should comply because it’s an order by her own court of competent jurisdiction. It’s also in line with the UN Opinion on Human Rights Commission. So, Nigeria has no excuses to disobey the ruling”.

(Vanguard)