Jubilation in Southeast as Appeal Court acquits Kanu, faults FG of ‘Executive recklessness’
…Slams Govt on “serious abuse of power,” violation of extradition rules
…Declares IPOB proscription holds pending lower court verdict
…We are awaiting his freedom, sit-at-home, aggression would subside if released – Southeast residents
…Judgement beyond human understanding — Ozekhome
…Nigerians react with mixed feelings
By Moses Adeniyi, Ridwan Adekunle
While Nigerians reacted with mixed feelings, there was jubilation on Thursday in major cities in States of the South-east over the judgement of the Court of Appeal declaring the acquittal of detained leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.
The Court of Appeal sitting in Abuja, on Thursday, quashed the terrorism charge by the Federal Government preferred against Kanu, discharging and acquitting him of the seven-count charge pending against him before the Federal High Court in Abuja.
Discharging and acquitting the embattled IPOB leader, the appellate court declared as illegal and unlawful the abduction of Kanu from Kenya to Nigeria on July 9, 2021, quashing all terrorism charges brought against him by the Federal Government.
The appellate court held that the Federal Government breached all known local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.
The Appeal Court in a judgment by Justice Oludotun Adebola on Thursday voided and set aside the terrorism charges by the Federal Government against Kanu.
The appellate court, in a decision by a three-man panel led by Justice Jummai Hanatu, faulted the Federal Government for flagrantly violating the law, when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellant’s fundamental human rights.
The appellate court noted that the Federal Government failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
It held that the Federal Government was “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
“In law, that is a costly failure and such failure is an admittance by the Respondent.
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded,” the court held.
The appellate court added that the onus was on the Federal Government to prove the legality of the Appellant’s arrest and return from Kenya.
More so, the court noted that Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other.
It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
The appellate court held that the Federal Government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general.”
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness,” the Appellate court held, even as it accused the Federal Government of engaging in “serious abuse of power.”
Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
It held that the proscription order by the lower court would subsist until it is set-aside.
…Judgement beyond human understanding – Ozekhome
Meanwhile, the lead counsel for Nnamdi Kanu, Chief Mike Ozekhome, SAN, has ascribed that the acquittal of the leader of the Indigenous People of Biafra is too complex for human understanding.
The legal luminary who spoke shortly after the Appeal Court judgement discharging and acquitting Kanu on all seven counts bordering on terrorism brought against him (Kanu) by the Federal Government, said the lower court glossed over the case placed before it on the “kidnap, torture and extraordinary rendition” of Kanu from Kenya back to Nigeria, but the Appellate Court Thursday discharged him.
Ozekhome, who spoke after praying, thanking “Jesus for getting Nnamdi Kanu out” on his knees together with his team of lawyers, said Kanu’s release by the Court of Appeal was “one of those things that you can say (are) ineffable, indescribable, it is only God that can fathom it, because its depth and breadth, its plenitude and amplitude are too wide, too complex for any human understanding.
“Nnamdi Kanu was today discharged of all the remaining seven charges, which were retained by the Federal High Court. Kidnap, torture and extraordinary rendition of Nnamdi Kanu from Kenya back to Nigeria on the 26th of June, 2021, the lower court glossed over it.”
Kanu who was first arraigned on December 23, 2015, but was later granted bail on April 25, 2017, had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022 applied to be discharged and acquitted.
Kanu’s secessionist struggle through IPOB had thrust him against the Federal Government, with President, Muhammadu Buhari in September 2017 outlawing IPOB by declaring that the activities of the group constituted an act of terrorism and illegality.
Following his arrest and detention, Kanu was later released from the Kuje Prison in Abuja after meeting bail conditions. The IPOB leader later fled the country and operated from overseas before he was renditioned from Kenya.
He had been declared wanted by the Federal Government since 2017 after he jumped bail, following the invasion of his country home in Abia State by soldiers.
IPOB also formed the Eastern Security Network which lacks legitimate backing of the governors of the South-East. It has, therefore, been at loggerheads with state-authorised security agencies such as the Police and the Army.
The police have also accused IPOB’s ESN operatives of being the masterminds of attacks on police stations, prisons and symbols of democracy in the zone.
June 19, 2021 marked the beginning of the incarceration of Kanu by the Federal Government after he was apprehended by the International Crime Police while seeking foreign support for the actualisation of the Republic of Biafra.
Kanu was in Kenya when he was arrested and returned to Nigeria to resume his trial.
…We are awaiting his freedom, sit-at-home, aggression would subside if released — Southeast residents
Following his release, there has been jubilation in major cities of the Southeast States in the Country.
However, residents who spoke to Nigerian NewsDirect mentioned they are awaiting his release from the custody of the Department of State Services (DSS).
This, they said, would subside the heat of aggression in the region, as well as the sit-at-home order which recently has taken a centre stage in major metropolis in States of the Southeast.
Speaking to Nigerian NewsDirect in Awka the Anambra state capital, which has been a centre of IPOB activities and demand for self liberation, a source who would not want to have her name in print said while the Court’s verdict has erupted jubilation, more important to the people was his release from the detention, which according to her is much awaited by the people.
“There has been jubilation in Awka with his acquittal as declared by the court, but his release is what everyone is waiting for. That will be the main source of jubilation,” she said.
On the sit-at-home order, she said though there were still fears of going out till recently, and if he is released the aggression would surely subside.
In Owerri, the Imo State capital, on Thursday evening, immediately news circulated on the Court’s judgement, jubilation erupted across major points of Owerri such as Imo State University Junction area, Ikenegbu, Amakohia, Orji, Okigwe Road and Flyover junction.
Elated residents were spotted celebrating and ordering for drinks with loyalists shouting aloud.
…Nigerians react with mixed feelings
This is just as Nigerians took to their Twitter handles to react with mixed feelings on the development.
In his view, “@EJIKE2GOOD, said, “Now that Court of Appeal have held that the arrest, detention and prosecution of Kanu is despicable and illegal, what punishment is there against Buhari & Malami for taking Nigeria & the entire South East in this wild goose chase! That should be the focus now; not jubilations.”
@kaykayblinkofficial tweeted “We won, May God almighty continue to bless & be with MNK & the lead counsel. Victoria Acerta!!.”
@OluwatukesiA tweeted: “No case from onset, all they did was to use gvt institution to keep him. Nothing special in the judgement. It’s all because the administration is winding down and he won’t be a major threat to them again. It’s so unfortunate.”
@Ejigiri7777 tweeted: “Wow.. As much as I’ve always believed that Nigeria has failed and deserved to be restructured or disinterested. The individuals in the judiciary system has actually raised more hope that if the right people takes over leadership’s and given the tolls, things might be fixed.”
@Oliwar88 tweeted: “The only man who is fighting not just for his ethnic race, but for every indigenous people in Nigeria. He hates no man. But only asking for equity for all free born. He who sent him does not sleep. Think deep on this.”
@Nwanne_KaEnyi tweeted: “They want him to slow down Peter obi’s votes in south, is poor strategy. MNK being highly intelligent have to play the game extremely well now with them. They assume he will champion no election to have low turn out and influence boycott.”
@InibeheEffiong tweeted: “The Court of Appeal in Abuja has made a bold statement that the Judiciary will not tolerate Executive impunity. This is a strong rebuke against executive rascality. The extraordinary rendition of Nnamdi Kanu remains a heinous violation of international law. Malami should resign.”
@opdaramola: This is a “Smart move from the FG. Let’s release a pro-biafra to confront a Pro-Nigeria (Igbo origin). Nice move FG. Let the game begin. ‘Wisdom’ will not kill Buhari. The truth is, we are wiser. We are better. We are good to go. We are going to take back our country!”
@Chi_oma3 tweeted: “Nnamdi Kanu is not out yet and you guys want to turn it into IPOB and OBIDENTs fight. IPOB is least interested in your selection process but somehow when they release press statement concerning their stands, people like you become blind. It doesn’t stop us from seceding.”
