By John C. Azu (Abuja), Abdullateef Aliyu (Lagos), Linus Effiong (Umuahia) & Jude A. Owuamanam (Owerri)
The Court of Appeal in Abuja on Thursday discharged the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, of allegations of terrorism and treasonable felony.
A three-member panel of justices, led by Justice Jummai Hanatu, struck out the seven-count charges preferred against Kanu by the Federal Government.
Nnamdi Kanu was discharged, not acquitted, says FG
Appeal Court discharges Kanu of terrorism allegation
The panel held that the trial court had no jurisdiction to entertain the case following Kanu’s extraordinary rendition from Kenya, which, it said, violated international law.
Reacting to the judgement, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) said they would pursue other issues that predate the rendition on the basis of which Kanu jumped bail.
In a statement signed by his media aide, Dr Umar Gwandu on Thursday, Malami said Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the Court of Appeal was on a single issue that borders on rendition.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
Why A/Court released Kanu
According to the judges, “The forceful abduction from Kenya and rendition to Nigeria by the Federal Government is a clear violation of International Convention, Protocols and Guidelines,” she said.
The Federal Government had argued that Kanu’s arrest and rendition followed an order of court for his re-arrest after he absconded in September 2017.
But the court yesterday said: “The warrant of arrest issued against Kanu by the Federal High Court can only be executed in any part of Nigeria and not outside the shores of the country.”
The panel observed that the action of the government was an abuse of criminal prosecution as its extradition request ought to have been in writing stating the offences of the wanted person.
“The court will never shy away from calling the executive to order when it tilts towards executive recklessness,” she said.
The panel further held that all the charges against Kanu by the Department of State Services (DSS) and the Federal Government are frivolous having been filed without any proof of evidence as provided by the law.
Kanu had, in the appeal, sought his discharge on the entire counts after a Federal High Court in Abuja presided by Justice Binta Nyako struck out eight of the 15 counts of treasonable felony against him for lack of sufficient evidence.
While the court threw out counts 6, 7, 9, 10, 11, 12, 13 and 14 of the charges; it okayed Kanu’s trial on counts 1, 2, 3, 4, 5, 8, and 15.
The counts struck out by the High Court bordered on alleged broadcasts by Kanu to incite members of the public to stage a violent revolution and attack police officers and also destroy public facilities.
The High Court had, on May 18 and June 19, refused Kanu’s bail application on the grounds that he breached an earlier bail granted him in 2017, which forced the court to order his trial in absentia.
However, Kanu’s lawyers, led by Mike Ozekhome (SAN), informed the court that he jumped bail in 2017 after soldiers of the Operation Python Dance attacked his residence in Afaraukwu-Ibeku, Umuahia, Abia State, killing 28 persons.
Ozekhome had argued that the bail application was within the provisions of sections 6(6) and 36(5) and (6) of the Nigerian Constitution, 1999 as amended and sections 161, 162, 163, and 165 of the Administration of the Criminal Justice Act (ACJA), 2015.
The president of Ohaneze Ndigbo, in a chat with Daily Trust yesterday, said Kanu’s release would douse tension in the South East, especially as the 2023 electioneering begins.
He said only a political solution would address youth restiveness in the South East and other parts of Nigeria. He said: “It’ll be our great pleasure that Nnamdi Kanu is released. To tell you the truth, it’ll reduce the tension and honestly make room for better political solutions to the problem.
“There’s only one solution to this youth problem. It’s not violence, it’s to find out, the youths of Nigeria are angry. It didn’t begin under Buhari. But what this country does is to forget its history. The truth of the matter is that they (youths) are upset.
“There’s tremendous agony among the youths in Nigeria. Now, it has become a clear thing. We used to call them millennium children.
“Ohaneze is doing its best to see how this matter can be politically solved and those young men, I believe, are now ready to listen. If Nnamdi Kanu is released, elders like us can have access and talk to him.
“This is a crisis you cannot solve through political violence, threat or intimidation. The people are angry and when you’re angry, you don’t see reason a lot.
“I’m proud of this country as I’m. How many people are? They should find political solutions to all Nigeria’s problems and Kanu’s case is not an exception.”
Meanwhile, there was jubilation in Afara Ukwu, Kanu’s country home, in Umuahia North, yesterday the news of his release filtered in.
An elder in the community, Mazi Azubuike, said the community welcomed the court judgment. He, however, pleaded with the Federal Government to release the IPOB leader.
A bus driver in Owerri, Imo State Capital, identified as Chuka, expressed optimism that Kanu’s release would end the IPOB’s sit-at-home order.
Another resident of the state, Ijeoma Amadi, expressed joy over the news of Kanu’s release, pleading with the Federal Government not to appeal the judgment but to implement it “as soon as possible.”
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