From Godwin Tsa and Ndubuisi Orji, Abuja
Lawyers to the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, have asked the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to immediately and unconditionally order his release from the custody of the Department of State Service (DSS), in complice with the judgment of the Court of Appeal.
In two separate letters dated October 17 and addressed to the AGF, and the Director General, Department of State Service (DSS), Chief Mike Ozekhome, lead counsel to Nnamdi Kanu drew their attention to the fact that the IPOB leader is being illegally held in solitary confinement in State Security Service facility, at the Abuja Headquarters. The letter said on the strength of the judgment of the Court of Appeal, the AGF should use his good office to immediately comply with it.
The letter with the title: RE: APPEAL NO:CA/ABJ/CR/625/2022; CHARGE NO: FHC/ABJ/CR/383/2015 Between: Nnamdi Kanu Vs Federal Republic of Nigeria” read in part: “Recall that Mazi Nnamdi Kanu was forcibly abducted from Kenya and was consequently extraordinarily renditioned to Nigeria. Upon being brought before the court on the 29th day of June, 2021, the court directed that he be remanded in the facility of the State Security Service. Mazi Nnamdi Kanu has been in the custody of the State Security Service, from the said 29th June, 2022, till date.
“Following the heinous manner in which he was abducted and consequently renditioned to Nigeria, we challenged the jurisdiction of the court to try Mazi Nnamdi Kanu, predicated on this extraordinary rendition, amongst other grounds. The trial court partly upheld the preliminary objection and consequently struck out 8 out of the 15-count amended charge pending against Nnamdi Kanu.
“Being dissatisfied with the said decision of the trial court, we appealed against same to the Court of Appeal.
The Court of Appeal while delivering its judgement on the 13th day of October, 2022, unanimously condemned the extraordinary rendition of Mazi Nnamdi Kanu from Kenya to Nigeria and the gross violations of his rights. The Court of Appeal consequently allowed the appeal. The ruling of the Federal High Court, Abuja, per Hon.Justice B.F.M. Nyako, delivered on the 8th April, 2022, was accordingly set aside by the Appellate court in their Judgement.
It is the position of Kanu’s legal team that the Court of Appeal judgment has completely buried the “frivolous criminal charge against Kanu and totally prohibited the Federal Government from coming up with any criminal charge or indictment against Nnamdi Kanu.
According to Ifeanyi Ejiofor, the lead judgment of the Court of Appeal by Justice Oludotun Adefope- Okojie, is more satisfying and sacrosanct.
“It is the last straw that broke the camel’s back, a boil in the scrotum and can never be circumvented. There is no escape route for the oppressors here!”
Spokesperson of the Coalition of United Political Parties (CUPP), Ikenga Imo Ugochinyere, has charged the Federal Government to obey the judgment of the Court of Appeal, ordering the release of Kanu.
Ugochinyere, in a statement, said the failure of the government to release Kanu as ordered by the appealate court is part of alleged marginalisation of the people of South East.
The opposition spokesman accused the All Progressives Congress (APC) of allegedly benefiting from the crisis in the South East, hence government’s delay in complying with the court judgment.
Ugochinyere, who is also the PDP candidate for Ideato North/Ideato Federal Constituency of Imo State, expressed concerns over the delay in releasing Kanu, saying it is in bad taste.
“It is embarrassing that after the court had made its pronouncements through its judgement that Nnamdi should be released, Federal Government is still keeping him,” he stated.