Reactions has been trailing the Supreme Court judgement which ordered the self acclaimed leader of the Independent People of Biafra (IPOB) Mazi Nnamdi Kanu, back to the federal high court to continue his trail.
The Apex Court in a judgment delivered by Justice Emmanuel Agim but written by Justice Garba Lawal voided and set aside the judgment of the Court of Appeal which in October last year, ordered the release of Kanu and also quashed the terrorism charges against him.
In it’s judgment, the court described the Nigerian Government unlawful repatriation of Kanu from Kenya as reckless, held that such unlawful act however, has not divested any Court from proceeding with trial.
Justice Lawal said that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya adding that at moment, the remedy for such action is for Kanu to file a Civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The Apex Court subsequently ordered that Kanu should go and defend himself in the remaining 7 count terrorism charges against him.
Reacting to the judgement,
Human Rights Writers Association Of Nigeria (HURIWA), asked President Bola Ahmed Tinubu to order his Attorney General and Minister of Justice Alhaji Lateef Fagbemi, Senior Advocate of Nigeria, to file a nolle prosequi discontinuing any trial on the nebulous charges of terrorism or treason against the leader of the Indigenous peoples of Biafra (IPOB) Mazi Nnamdi Kanu.
The Rights group stated that the supreme Court ruling on Friday morning quashing the nullification of the charges of terrorism against Nnamdi Kanu and for his immediate freedom as ordered by the Court of Appeal of Nigeria shows that justices who sat on this Appeal at the Supreme Court are suffering from Igbo phobia and do not wish the Igbo region well.
Though the apex court, in a unanimous decision by a five-member panel of Justices, acknowledged that FG acted “irresponsibly” when it forcefully brought Kanu back to the country from Kenya, against all known laws, however, it held that it was not enough to divest the trial court of its jurisdiction to continue with the case.
It held that there is no legislation in the country that stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action that FG took against him.
In the judgement that was read by Justice Emmanuel Agim, the apex court held that the remedy open for Kanu was for him to institute a civil action against the government.
HURIWA however strongly disagree with the Supreme court and fully backed the well considered judgment of the Court of Appeal which quashed the trial of Nnamdi Kanu including building its sound judgment on the violation of international laws by the former President Muhammadu Buhari, who ordered the illegal rendition and abduction of Nnamdi Kanu from Nairobi Airpott in Kenya back into Nigeria wearing handcuffs.
The Rights group stated “It is a shame that the highest court in the land can actually reach a determination that a citizen’s human rights was violated by the Federal Government through unlawful abduction, but the same Supreme Court is waiting for a phantom legislation to unleash its legal venom against offenders who committed the unlawful act and who are now without immunity including erstwhile President Buhari and his AGF Abubakar Malami.”
Questioning why the Supreme Court of Nigeria had to on the basis of whimsical excuses that the Appeal court’s freedom granted to Nnamdi Kanu was based on sentiments and not on law therefore overruling the sound judgment of the Appeal court, HURIWA said the current justices at the Supreme court have a long history of dishing out rulings that had contributed to the instability and insecurity that has engulfed much of South East
The Rights group through the National Coordinator, Comrade Emmanuel Onwubiko, stated that the president should order the immediate discontinuation of this state sponsored persecution of Nnamdi Kanu whose involvement in the Indigenous peoples of Biafra(IPOB), has not been traced to any provable case of terrorism.
Huriwa said “this Supreme Court has lost a historical opportunity to end the ‘war’ in the South East of Nigeria. The final remedy is for the President to exercise his powers through his AGF to bring this injustice and continuous persecution of Nnamdi Kanu to an end.”
The group argued that the aggressive persecution of Nnamdi kanu and hundreds of thousands of Igbo youths associated with the self determination campaigns of the Indigenous peoples of Biafra (IPOB) and particularly, the prolonged humiliation, dehumanisation and detention is the genesis of the heightened state of insecurity, mass killings, insurgency and destruction of the peace of Igboland.
Huriwa stated that “ending this state sponsored persecution of Nnamdi Kanu and the commencement of constructive dialogues with agitators, will restore peace and will serve the overall public good.”
Also reacting is Senator Eyinnaya Abaribe, a senator representing Abia South.
The Senator said the release of Nnamdi Kanu, would have been a gift for the late former Governor of Anambra State, Chukwuemeka Ezeife.
Speaking through his media adviser, Uchenna Awom. Eyinnaya called for calm over the judgement of the Supreme Court that refused to release Kanu, as he described Ezeife’s death as a great loss to the people of the Southeast.
According to Abaribe: “Okwadike never hid his feelings and, as such, voiced out his opinion on vexed national issues as they affected his beloved Igbo. He spoke truth to power, no matter whose ox was gored.
“Ironically, he died on the eve of a day our brother Nnamdi Kanu was denied release by the Supreme Court. It would have been a fitting gift to him.”
It will be called that Justice Binta Murtala Nyako of the Federal High Court Abuja, had on April 8, 2022, quashed 8 out of the 15 count charges preferred against Kanu by the Federal Government.
However, Justice Nyako held that Kanu had questions to answer on the remaining 7 counts.
Dissatisfied with the judgement, Kanu’s team of lawyers led by Prof Mike Ozekhome SAN, headed to the Court of Appeal, Abuja to seek the dismissal of the remaining 7-count charge.
In a judgement on October 13, 2022, the appellate court dismissed all the 7 count criminal charges against Kanu.
