By Lillian Okenwa
Senior lawyers have continued to criticize the statement made by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, who contends that the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu was merely discharged by the appellate court and not acquitted.
The Senior Advocate of Nigeria (SAN) in a statement made through his Special Assistant on Media and Public Relations Officer, Dr. Umar Jibrilu Gwandu, said that “for the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.”
However, Kanu’s lead counsel and Senior Advocate of Nigeria, Mike Ozekhome, maintains that the Department of State Services (DSS) should let Kanu go home immediately after his lawyers present a certified true copy of the judgment.
Ozekhome who remarked that Kanu’s acquittal is too complex for human understanding noted that 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 discharged him.
Responding to Malami’s submission said, “What it (the ruling) means is that Nnamdi Kanu was discharged today. That means he is a free man. And he should be allowed to go home tomorrow by the time we get a certified true copy of the judgment, we serve it to the Office of the Attorney-General and the DSS to allow Nnamdi Kanu to go. Let my people go.”
Likewise, Kanu’s special counsel, Aloy Ejimakor in a statement described the AGF’s position as “flatly wrong and it is perverse to boot.
“If the Federal Government refuses or stalls on releasing Kanu solely because it desires to levy further or new charges, it will amount to a burgeoning holding charge which is impermissible in our jurisprudence.
“Thus, before the levying of any new charges can have a toga of legality or chances of conferring prosecutorial jurisdiction, Kanu has to be released first. Anything to the contrary will be nugatory.”
Meanwhile, Mr. Femi Falana, SAN has issued a statement asking the federal government not to twist the judgment of the Court of Appeal on Nnamdi Kanu.
The statement titled: FG Should not twist the judgment of Court of Appeal on Nnamdi Kanu, reads:
In the case of Nnamdi Kanu v Federal Government of Nigeria, the Federal High Court had upheld the preliminary objection of the defence team led by Chief Mike Ozekhome SAN and dismissed 8 out of the 15-count charge against the defendant. (See: _”UPDATED: Court strikes out eight of 15 charges against IPOB leader Nnamdi Kanu (Full List)” (8 April 2022: Premium Times)
In its judgment delivered yesterday the Court of Appeal dismissed the remaining 7-count charge and discharged Mr. Kanu on the main ground that his rendition in Kenya had rendered the entire proceedings in the Federal High Court illegal under the Nigerian Constitution and under international law. Consequently, the Court of Appeal ordered Mr. Kanu’s immediate and unconditional release from the custody of the State Security Service.
Therefore, the claim of the Federal Government that there are some pending charges against Mr. Kanu in the Federal High Court is a contemptuous mockery of the Court of Appeal whose judgment is binding on all authorities and persons in Nigeria by virtue of section 287 of the 1999 Constitution of the Republic.
In addition, a legal practitioner and a former prosecutor in the District of Columbia and member of the Maryland bar, Chief Chukwuma Odelugo said: “The prosecutor represents the interest of the public at large, which is different from representing an individual.
“The interest of the public and the duty of the prosecutor is to keep the public safe. For the most part, the public isn’t made safe by locking up the one-time offender, whose sole crime is already done. The public is made safe by putting away career criminals, and repeat offenders.
“This is why when a court orders a release, we would release immediately, within 24 hours. Our theory is that we were confident that if you repeat, we could and would pick you up and charge you again. And the dismissed charges will be considered in your next bail application. When this happens, the government would release and look good to the public. The government doesn’t want to look petty, vindictive, or personal in any criminal prosecution. It undermines public confidence in the criminal justice system as a whole.
“An appeal is also risky for the FG. If they lose, it will cement this new jurisprudence. Courts will now be required to examine the circumstances of every arrest or detention in Nigeria.
“A good prosecutor’s office would move carefully and wait for a perfect case to use to challenge this apparent new jurisprudence.”
