*No, he was only discharged but not acquitted -AGF Malami
The Court of Appeal in Abuja has declared the abduction of the Leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu from Kenya illegal and unlawful.
A three-member panel of the appellate court also quashed the terrorism charge preferred against him by the Federal Government.
The appellate court stated this in its judgment over the appeal marked: CA/ABJ/CR/625/2022 that was filed by Kanu against the earlier verdict by Justice Binta Nyako of the Federal High Court, Abuja.
In the lead judgment delivered on Thursday by a Justice of the Court of Appeal (JCA), Justice Oludotun Adefope-Okojie, the appellate court also declared as illegal and unlawful, Kanu’s abduction from Kenya to Nigeria.
Justice Adefope-Okojie further quashed the remaining seven counts in the 15 count-charge filed before the Federal High Court by the Federal Government.
TheIdeal recalls that Justice Binta Nyako of the Federal High Court in Abuja had, in an earlier verdict, quashed eight out of the 15 counts, leaving Kanu to face the remaining seven-count charge.
Justice Adefope-Okojie also held that the Federal Government violated all local and international laws in the forceful rendition of Kanu to Nigeria, saying that the development has rendered the terrorism charge against Kanu incompetent and unlawful.
The JCA said , “By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (FG) of international treaties, conventions, as well as the African Charter on Human and Peoples Right.”
The JCA added that, having flagrantly breached Kanu’s fundamental rights, the Federal Government has lost the legal right to put him on trial.
Justice Adefope-Okojie also held that laws are meant to be obeyed and that the Federal Government has no reason to have taken laws into its hands by acting illegally and unlawfully in the way it handled Kanu’s case.
The JCA further held that the Federal Government’s failure to abide by due process in the manner it brought Kanu back to the country was fatal to sustaining the pending charge against Kanu before the Federal High Court in Abuja
The JCA added that the failure by the Fed Govt to disclose where and when the alleged offences brought against Kanu were committed was also fatal to the terrorism charge and made the charge liable to dismissal.
The JCA said: “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 (Kanu) 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 law, so as to avoid anarchy.”
The JCA stated that while the court may not have the powers to dictate to the Executive, it could prevent the Executive from abusing the law, saying that courts should not be shy from always calling the Executive to order.
Justice Adefope -Okojie further held that the issue of jurisdiction raised by Kanu was one that was critical to the case which the lower court ought to have resolved first.
The JCA also held that the issue of jurisdiction was properly raised before the trial court, saying that it is unacceptable for the trial court to turn a blind eye to it.
The JCA said, “The lower court must pronounce properly on all issues presented before it. The trial court ought to have made findings on the issue raised regarding the extradition”.
Justice Adefope-Okojie consequently held that the trial court lacked the jurisdiction to try Kanu on the retained counts of the charge (seven counts).
The JCA then said, “No court can try him going by the circumstances of the extraordinary rendition.
“Having resolved issue one in favour of the appellant (Kanu), which deals with jurisdiction, the appeal succeeds, the order of Justice Binta Nyako which ordered appellant to answer to counts 1, 2, 3, 4, 5, 8 and 15 is set aside, terminated and dismissed.
“Appellant (Kanu) is accordingly discharged.”
Meanwhile, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has reacted to the verdict, saying that Kanu was not acquitted by the Court of Appeal.
According to AGF, the appellate court only decided a single issue that borders on rendition.
He also said that Kanu has other pre-rendition cases to answer.
Malami made the clarifications in a statement made available last night by his Special Assistant on Media and Public Relations, Dr. Umar Jibrilu Gwandu.
The statement reads in part: “The Office of the Attorney-General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu.
” For the avoidance of doubt and by the verdict of the court, Kanu was only discharged and not acquitted.
” Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the Court of Appeal was on a single issue that borders on rendition.
” Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
” The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
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