Court of Appeal at Abuja on Thursday discharge Nnamdi Kanu, the leader of the Indigenous People of Biafra, (Ipob) of the charges that federal government put on his head.
Justice Jummai Hanatu that lead the three-men panel says that Kanu has no case to answer at Federal High Court because no jurisdiction to try at the first place.
Court ruling was that they arrested Kanu to Nigeria by force that was illegal because they didn’t follow extradition process.
Court also said that to detain or try Nnamdi Kanu was prohibited by law .
With all this things that make Appeal Court at Abuja said, the people was asking where is their leader Nnamdi Kanu because he was free to go home.
Appeal court discharge charges against IPOB leader NNAMDI KALU by FG
What is the main ruling mean?
Abuja based Human Rights Lawyer Samuel Ihensekhien try to breakdown the ruling for country people to understand.
Barrister Samuel tell Emmanuel channel that he salute the courage that Appeal Court have to give this judgment, and with what the Appeal Court said, Nnamdi Kanu is free to go home.
He also said that when person or people don’t take due process to follow law or comply wih the existing law the consequence was going render the whole proceedings illegal.
“They capture Nnamdi Kanu back to Nigeria was against the Nigeria extradition Art, is against the African Charter of people and Human Rights, is also against all the laws that govern international law.
“Before you extradited anybody or any citizen from any African countries you must face follow the extradition laws of the country and with due process of the court, until the court gives you the permission then you can return the person to any trial for his country.”
“But in this case, we just heard that Nnamdi Kanu surprisingly appear in Nigeria like an angel, no procedure, no documentation, no official record.
He heard that what court did was, they uphold the extra-ordinary rendition, where they can arrest citizen from one country, then carry them to another country without due process.
Oga Samuel said that Nigeria government has no choice, than to let Nnamdi Kanu go.
“As it was so, Nnamdi Kanu is a freeman now, court has pronounce free, so it was free, federal govenment has no choice than to comply with the court of appeal ruling.” he says.
What is going to happen next?
Barrister Samuel Ihensekhien tell Emmanuel channel that the only option for federal government now is to move this case to Supreme Court, but even if federal government will move this case to supreme court, they will first obey the judgement of the appeal court.
“This case bother on the liberty of a citizen, they need to comply first with this judgement before they can take any othe step, because it will be wrong to still detain him when court discharge him with all the charges”. He said.
Meanwhile member of Nnamdi Kanu Legal team, Aloy Ejimakor tell Emmanuel channel immediately after the ruling says “when we collect the judgement paper tomorrow (Thursday) we will serve Department of State Security (DSS) so that they can release him fast, as it was so, Nnamdi Kanu is free man” Aloy said.
What do government have to say?
Federal government lawyer David Kasuwe said nothing to the journalist after the judgement.
But one statement from the office of the attorney general of the federation says that they are studying the judgement to determine their next line of action.
They also clear the public says “for the avoidance of doubt and by the verdict of the Court, Kanu only was discharged and not acquitted. ” statement said.
“Consequently, the appropriate legal options before the authorities will exploited and communicated accordingly to the public.
The decision that was handed down by the court of appeal was a single issue that border on rendition. That he should Make it clear to the general public that the other issues before the rendition on the basis of which Kanu jump bail remain valid issues for judicial determination. ” the statement add.
They said that the federal government will consider all available options open on the judgment on rendition while they pursue determination of the pre-rendition issues.
The Seven-Count charges when Nnamdi Kanu was in appeal court
Nigeria government rest proscribed Ipob leader 15 count charge that bother on terrorism, treason, secession and as he was a member of IPOB group that government outlaw.
But on May 2022, Justice Binta Nyako of the Federal High Court remove some of the charges from 15 to seven.
But the remaining charges below the appeal court cast it way on Thursday.
Count 1: That Nnamdi Kanu as member and leader of Ipob commit art of terrorism against the federal republic of Nigeria by making broadcast with intention to intimidate the population.
Count 2: That Nnamdi Kanu as member and leader of Ipob commit art of terrorism against the federal republic of Nigeria by making broadcast with intention to threaten members of the public with sat at home order.
Count 3: That Nnamdi Kanu make broadcast where he declare himsef as a member and leader of Ipob, group which Nigeria government has ban.
Count 4: That Nnamdi Kanu make broadcast where he encourage members of the public to kill Nigeria security officers.
Count 5: That Nnamdi Kanu make broadcast where he encourage the public to attack officers of the Nigeria police force.
Count 13: That Nnamdi Kanu make broadcast where he encourage members of the public to burn down evrything own by federal government facility in Lagos that lead to major economic loss to federal government.
Count 15: That Nnamdi Kanu import Radio transmitter known as Tram 50L and hide it inside container for Ubulisiuzor for Ihiala Local government area of Anambra.