Nnamdi Kanu Should Be Free Already

Following the recent court ruling on the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, national dailies were awash with reports of wild jubilation in South-East villages, towns and cities. Apparently, it wasn’t just Kanu and IPOB sympathizers that were ecstatic about the judgment but residents whose lives, limbs and livelihoods have suffered a great deal on account of the Federal Government’s continued detention of the separatist leader. It is disheartening that the Buhari government is bent on taking this glimmer of relief from South-East folks and other lovers of peace in Nigeria.

On Thursday, October 13, the Court of Appeal in Abuja struck out the terrorism charges which the Nigerian government filed against Kanu and ordered his release from the State Security Service custody. The definitive verdict faulted the process through which the IPOB leader was brought before the court to answer to a 15-count terrorism charge. It held that Kanu’s abduction and rendition from Kenya violated the international convention on terrorism, thus, robbed any Nigerian court of the necessary jurisdiction.

In their audacious judgment, the three-man panel of the Appellate Court pointed out that the Federal Government, in its desperation to bundle the secessionist leader back home from Kenya, flagrantly breached every extradition procedure, which include a formal application for extradition to the host country, permission from the court, and statement of the alleged offences in connection with the extradition.

The Nigerian government, after Kanu’s rendition, arraigned him before Justice Binta Nyako on a 15-count terrorism charge, which the judge reduced to seven. The accused however faulted Nyako’s order to respond to the seven charges and went on Appeal where his lawyer, Mike Ozekhome SAN, recalled that on June 27, 2021, the Federal Government forcefully arrested and renditioned Kanu in a “most cruel and inhuman manner”.

Delivering its ruling, the Appeal Court upheld that the IPOB leader was “extra-ordinarily renditioned” to Nigeria and that the action was a flagrant violation of the country’s extradition treaty and a breach of his fundamental human rights. “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,” read part of the lead judgment delivered by Justice Oludotun Adefope-Okojie.

Hinting almost immediately that the Buhari government won’t release Kanu despite this ruling, the Attorney General of the Federation, Abubakar Malami SAN, argued that the Court of Appeal only discharged Kanu without acquitting him. “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 judgment on rendition while pursuing determination of pre-rendition issues,” Malami said. But disagreeing with the AGF’s position, Ozekhome asserted that, “Nnamdi Kanu was set free and discharged by the Court of Appeal. The Supreme Court has said such a discharge amounts to discharge and acquittal”.

The National Security Council (NSC) has since aligned with the Attorney-General of the Federation on this issue. This happened in their last meeting attended by Vice-President Yemi Osinbajo; SGF Boss Mustapha, NSA Babagana Monguno; the President’s Chief of Staff, Ibrahim Gambari; Defence minister Bashir Magashi; Interior minister Rauf Aregbesola; Defence chief Lucky Irabor; Army chief Farouk Yahaya; Naval chief Awwal Gambo; Air chief Oladayo Amao, IGP Usman Baba; DSS DG Yusuf Bichi; NIA DG Ahmed Abubakar; CDI Samuel Adedayo. If only there was a true reflection of the federal character in the gathering. The administration’s politics of exclusion ensures that no South-Easterner seats on the national security council, yet the President can’t see what is fuelling the discontent in Igboland.

Briefing newsmen on the outcome of their deliberations, the Minister of Police Affairs, Muhammad Dingyadi said, “the issue of Kanu has also been raised and Council was briefed on the state of things on the matter. And it was observed that Kanu was discharged but he is not acquitted. So, the government is considering the appropriate action to be taken on the matter.” How safer Nigeria would have been if the same hawkish stance is taken against terrorists and bandits who have made a living hell out of Nigeria!

Nigerians have since got the memo with the report that the Federal Government has filed seven grounds of appeal against the judgment, asking the Supreme Court to set aside the appellate court ruling and restore the charge against the respondent to be tried at the trial court. The government, in a motion on notice in support of the appeal, is also seeking a stay of execution of the judgment of the court presided over by Justice Jummai Sankey, pending the hearing and final determination of its appeal.

We find it duplicitous for this to be coming from the same government which argued elsewhere that ASUU cannot institute any application for a stay of execution without first obeying the court ruling that ordered its members back to the classrooms.

Naija News regrets that President Muhammadu Buhari is passing off a golden opportunity to save face and restore peace to the troubled South-East. The geopolitical zone has been reeling from the sit-at-home order that is religiously observed there every Monday. A good majority of those who celebrated the appellate court ruling did so not because they are sympathetic to the IPOB Leader but due to the hope of having their lives back without the curtailing of their movement and business any day of the week. It is sad that the President is taking these hopes from them, not minding the huge economic losses the country suffers every Monday when there is civil disobedience East of the Niger.

Strident calls have gone out for Buhari to embrace a political solution to the Nnamdi Kanu problem, which pundits believe his government created in the first place. Earlier in July, the United Nations, UN Human Rights Council Working Group on Arbitrary Detention, indicted both the Nigerian and Kenyan governments for the arrest and extraordinary rendition, torture and continued detention of Kanu without due process, urging the Nigerian government to ensure, “immediate release Kanu unconditionally”. It also demanded that the IPOB Leader be paid adequate compensation for the arbitrary violation of his fundamental rights.

Naija News recalls that last November highly respected Igbo Greats led by First Republic parliamentarian and Aviation Minister, Chief Mbazulike Amaechi visited Buhari to beg for the unconditional release of Kanu. In his response, the President told the 93-year-old statesman that, “the best thing was to subject him (Kanu) to the system. Let him make his case in court, instead of giving very negative impressions of the country from outside. I feel it’s even a favour to give him that opportunity.” Since the IPOB Leader has now made his case in court, Buhari should release Kanu and save the taxpayers’ money to be spent prosecuting an appeal at the apex court.

Buhari and his administration’s intransigence in handling the Kanu matter even in the face of the latest Appeal Court ruling justifies the decision by a section of the media to address him by his ‘retired major general’ rank and his government as a regime. In any case, those in authority today should not be blind to the fact that power is transient. A more or less lame-duck regime shouldn’t miss a means to ameliorate a mess and leave a good legacy. This newspaper, therefore, joins other well-meaning Nigerians to call on President Buhari to obey the appeal court ruling that frees Nnamdi Kanu. Though in its twilight, we also demand that the government be even-handed in the manner it stirs the ship of state.

Activists and conscientious citizens who are indifferent about the Buhari government doing the right thing on this Nnamdi Kanu matter must remember the immortal words of Martin Luther King Jr that “injustice anywhere is a threat to justice everywhere”. They should also know that the whole body is affected when one part suffers. This newspaper also recommends to Buhari and his hawks the assertion by Aristotle that: “it is not enough to win a war; it is more important to organize the peace“. It is our considered view that Buhari shouldn’t bequeath the unrest in the South-East to the next administration.