The Legal Team For Nnamdi Kanu Storms The DSS Headquarters Today.
Nnamdi Kanu, the leader of the Indigenous People of Biafra, is still being held in the Department of State Services’ custody around 72 hours after being released by the Abuja Division of the Court of Appeal, The PUNCH learned on Sunday.
However, Ifeanyi Ejiofor, Senior Counsel for Kanu and Lead Counsel for the IPOB, declared that the legal team would formally approach the DSS Headquarters on Monday with the enrolled court order and Court of Appeal judgment, which would be accessible for prompt compliance.
Citing legal authorities, he asserted that Nnamdi Kanu’s freedom, which was a fundamental right protected by the constitution, could not be postponed.
He claimed drastic measures agencies refuse to force Nigeria to comply with the court decision right away. He warned extensive legal remedies—including alerting international organizations—would be used to make sure Nigeria complies with the court decision right away.
These were said by Ejiofor in an Abuja interview with The PUNCH.
According to The PUNCH, Kanu was cleared of the terrorist and treasonous felony charges brought against him by the Federal Government on Thursday by the Court of Appeal (Abuja Division).
The Federal High Court in Abuja’s ruling, which had dismissed eight of the 15 charges brought against Kanu, has been overturned by the three-judge bench of the Appellate Court.
The Appellate Court ruled unanimously that Kanu’s kidnapping from Kenya was unconstitutional and illegitimate in a decision written by Justice Oludotun Adefope-Okojie would be used should the government and its security services fail to free Kanu.
“It is established law, as the Supreme Court has ruled in numerous cases, including the case of Chukwuemeka Odumegwu Ojukwu v. Lagos State Government, that an appellant will not be in contempt of an order of a lower court if they seek equitable remedies to stay execution by going to the Supreme Court. This is especially true given that the order of the lower court and the baseless charge that had previously justified his incarceration beginning on June 29, 2022, have been firmly thrown aside by the Court of Appeal in question’s judgment, which took effect on October 13, 2022.
“Furthermore, Mazi Nnamdi Kanu’s freedom, which is his fundamental right,”Mazi Nnamdi Kanu has not yet been released, but we will formally contact the State Security Service Headquarters on Monday with the court order and the Court of Appeal judgment, which will be available on Monday, for quick compliance. Mazi Nnamdi Kanu is anticipated to be released to us today, October 17, 2022.
“As of today, the Federal Government has not yet appealed the Court of Appeal’s ruling. But as I have mentioned, the Federal Government must adhere to the Court of Appeal’s order and release Mazi Nnamdi Kanu, who has been discharged, before contesting the decision in court.
Today, October 17, 2022, we anticipate receiving Mazi Nnamdi Kanu’s release.
The Federal Government has not yet appealed the Court of Appeal’s ruling, as of this writing. However, as I had previously maintained, the Federal Government must first abide by the Court of Appeal’s order and release Mazi Nnamdi Kanu, who has been discharged, before appealing the ruling before the Supreme Court.
In the unusual event that the Federal Government of Nigeria disobeys the Court of Appeal’s ruling expelling Mazi Nnamdi Kanu, we will invoke all available legal measures to enforce prompt compliance, including but not limited to the Federal Government of Nigeria’s abhorrent behavior before the pertinent international organizations, foreign institutions, and governments, in addition to using local legal remedies. We won’t mention any more legal opti
“President Muhammadu Buhari has stated numerous times that he will not interfere with the legal system and that the court will decide whether to liberate Mazi Nnamdi Kanu. As the penultimate court, the Court of Appeal, has freed Mazi Nnamdi Kanu, it is now up to President Muhammadu Buhari to honor his promise and see to it that Kanu is immediately released.”
In releasing Kanu, the Appellate Court concurred with IPOB leader Dr. Mike Ozekhome’s legal representative that The Federal Government is yet to file any appeal against the judgement of the Court of Appeal, as at today. But as I had earlier stated, the Federal Government must first of all obey the order of the Court of Appeal and release Mazi Nnamdi Kanu who has been discharged by the Court of Appeal, before challenging the judgement before the Supreme Court.
“It is our position that in the unlikely event that the Federal Government of Nigeria fails to obey the order of the Court of Appeal discharging Mazi Nnamdi Kanu, we will activate far-reaching extant legal remedies to ensure immediate compliance, which remedy may not be limited to resorting to domestic legal remedy, but would be extended to reporting the Federal Government of Nigeria heinous conduct before the relevant international agencies, foreign Institutions and governments. Other legal remedies available to us will not be disclosed here.
“President Muhammadu Buhari had said on various occasions that he would not interfere with the judicial process and that it is the court that would set Mazi Nnamdi Kanu free. The Court of Appeal, the penultimate court, has set Mazi Nnamdi Kanu free, it is now time for President Muhammadu Buhari to keep to his word and ensure that Mazi Nnamdi Kanu is released without any further ado.”
While setting Kanu free, the Appellate Court agreed with counsel for the IPOB leader, Dr. Mike Ozekhome, SAN, that Kanu was illegally abducted and extra-ordinary renditioned from Kenya to Nigeria, against both, International and local laws.
“By the illegal abduction and extraordinary rendition of the appellant, there was a clear violation by the respondent to International treaties, conventions, as well as the African Charter on Human and Peoples Right,” the court held.
The Appellate Court said that the Federal Government, having flagrantly breached the fundamental rights of Kanu, lost the legal right to put him on trial, adding also that laws were meant to be obeyed and that the Federal Government had no reason to have taken laws into her own hands in the illegal and unlawful way the matter of Kanu was handled.
The failure of Nigeria to follow due process by way of extradition process as prescribed by law, it said, was fatal to the charges against Kanu and further held that the failure of the Federal Government to disclose where and when the alleged offences brought against Kanu were committed was also fatal to the terrorism charges and made them liable to dismissal.
“By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order. With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant trial for any offence.
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy,” the Court held.
The panel also held that the trial court lacked jurisdiction to handle the charges against Kanu, as he was not properly arraigned before
The panel, presided over by Justice Jummai Hanatu, also held that the offences Kanu was alleged to have committed happened in Kenya and not in Nigeria.
Justice Binta Nyako of the Federal High Court in Abuja had said in her judgement that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the IPOB leader had to answer.
But Kanu, through his team of lawyers led by Mike Ozekhome, SAN, filed an appeal marked CA/ABJ/CR/625/2022, praying the court to quash the remaining seven counts for being devoid of merit.