…Judge says High court lacks jurisdiction to try him following rendition
…Malami insists Kanu still has charges against him
OSAS EMMANUEL
The Court of Appeal sitting Abuja on Thursday set aside the seven-count terrorism charges preferred against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), and ordered his discharge from custody.
In a unanimous judgment, a three man panel of Court held that the lower court has no jurisdiction to try Kanu on count 1,2,3,4,5, 8, and 15, on which he is currently standing trial at the Federal High Court, Abuja.
They further held that the court has been robbed of jurisdiction to try Kanu, following his extraordinary rendition from Kenya.
Kanu had appealed the ruling of the Federal High Court in Abuja, delivered on April 8, 2022, which quashed eight out of the 15-count charges of terrorism preferred against him by the Federal Government.
The appellant, who has been in the custody of the Department of State Services, DSS, since June 27, 2021, following his extraordinary rendition, had asked the Court of Appeal to set aside the remaining in seven-count charge on the ground of jurisdiction.
Delivering the lead judgment, Justice Oludotun Adefope-Okojie, declared as illegal and unlawful, the abduction of the Biafra Nation agitator from Kenya to Nigeria.
She said that the Federal Government by the act, had breached all local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.
Justice Adefope-Okojie said the Nigerian government as a signatory to AU charter on human rights and several other International treaties on terrorism, ought to have followed due process as stipulated in the extradition law, but decided to flagrantly breach the fundamental rights of the appellant.
Stating that both the domestic and International laws empowered the Attorney General of the Federation (AGF), to implement their provisions, the Court held that all laws are meant to be obeyed, and that the Federal Government had no reason to have taken laws into her own hand.
The judge held that the failure of Nigeria to follow due process by way of extradition process, as prescribed by law, was fatal to the charges against Kanu.
“By engaging in utter unlawful and illegal act and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hand 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 on 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 exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy,” Justice Adefope -Okojie held.
The Appeal Court said that it arrived at its decision on Kanu’s rendition because the counter affidavit did not address the issues raised in the appellant affidavit.
Secondly, the Court of Appeal also observed with grave concern, that the trial court judge was in error when she refused to hear objection to her jurisdiction to entertain the case.
In their contributions, the presiding Justice Hanatu Sankey and Justice and Justice Edwin Niki Tobi agreed that the trial court judge was in error and did evaluate the evidence before her.
On the issue that Kanu is a member of a proscribed terrorism organisation, the panel held that it will be prejudicial to make an order on the proscription of IPOB since the issue is still on appeal.
Lead Counsel to appellant, Chief Mike Ozekhome, SAN, commended the justices for delivering the judgment, which he said, “is one of most inciting judgment has heard in his 41 years of legal practice.”
Ozekhome also celebrated the judgment after the court session by kneeling in prayers and praises to Almighty God.
It is not certain whether the Federal Government will appeal the judgment.
Meanwhile, the Attorney General of the Federation, Abubakar Malami, SAN, has said that charges filed against Nnamdi Kanu before his rendition is still alive.
In his reaction to the Court of Appeal decision, which discharged Kanu of the seven remaining count charges and freeing him, the Office of the Attorney General of the Federation and Minister of Justice said in statement signed by Dr. Umar Jibrilu Gwandu, the Minister’s aide, that it “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 predates 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.
