From Romanus Ugwu, Abuja and Okey Sampson, Umuahia

Counsel to detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, Aloy Ejimakor, has said the unconditional release of his client lies with the Executive arm of government and not the Judiciary.

Kanu had fled Nigeria in 2017, jumping bail, after his Afaraukwu home in Abia State was invaded by soldiers. Extradited from Kenya in June, he is facing trial bordering on treason at an Abuja court.

But Some Igbo leaders, led by 93-year-old first republic parliamentarian and minister of Aviation, Chief Mbazulike Amechi, had last week met with President Muhammadu Buhari, and requested for Kanu’s unconditional release.

President Buhari was quoted to have described the request as a difficult and heavy one. He hinged his assertion on the premise that the request ran contrary to the doctrine of separation of powers between the Executive and Judiciary, and cited his policy of non-interference with the judiciary.

However, Ejimakor, in a statement, quoting section 174 of the Nigerian Constitution as amended, said the unconditional release of Kanu lies with the executive and not the judiciary.

Section 174 of the Constitution said inter Alia, “The Attorney General of the Federation shall have power:

(a) “to institute and undertake criminal proceedings against any person before any court of law in respect of any offence created by or under any Act of the National Assembly.

(b) “to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(c) “to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaking by him or any other authority or person.”

Kanu’s counsel said since the Constitution in sub section C of section 174 gave the attorney general and minister of justice to discontinue at any stage before judgment is delivered in any criminal proceedings, it would not amount to interference by the executive should Kanu’s case be discontinued.

He, therefore, urged the president to act divisively in the instant case as he would not be acting contrary to the Constitution or interfering in the affairs of the judiciary.

Meanwhile, chieftain of the All Progressives Congress (APC), Osita Okechukwu, has pleaded with President Muhammadu Buhari to honour Chief Amechi with the release of Kanu.

He also appealed to IPOB to support and promote Nigeria president of Igbo extraction in 2023 as a personal project.

“I join, Ohaneze Ndigbo, eminent constitutional lawyer and Chairman, Igbo Leaders of Thought, Prof Ben Nwabueze, and people of goodwill nationwide in commending President Buhari for accepting to consider the release of held leader of IPOB, Nnamdi Kanu. I also appeal to IPOB to support Nigeria President of Igbo extraction 2023 project. Methinks IPOB support will kill two birds with one stone,” Okechukwu argued.

Asked if IPOB support for Nigeria president of Igbo extraction 2023 project is a precondition for the release of Mazi Nnamdi Kanu, Okechukwu said Capital No.

“Capital No, it is not a precondition, all I am saying is that Mr President and host of other Nigerians are silently in support of Nigeria president of Igbo extraction 2023 project, but are weary and reticent of IPOB stance. Therefore, in my little opinion, IPOB support of our project will kill two birds with one stone.” Okechukwu quipped.

The Director-General Voice of Nigeria (VON) explained that “one stone is the release of Mazi Kanu, another is the return of economic activities in our geopolitical zone and thirdly IPOB support will no doubt rekindle wider support of Nigeria president of Igbo extraction 2023 project.”

“My understanding of IPOB agitation is to end Igbo marginalization; if that is the case then our 2023 Nigeria President of Igbo extraction will be the end of the civil war. Nigerians are waiting for IPOB to change gear,” he noted.