Judiciary

 By Victoria Frances

NNAMDI Kanu, leader of the Indigenous People of Biafra, IPOB, that has been illegally detain by the Department of State Services, DSS, that he is not broken by the Supreme Court verdict that he should face trial. Instead he enjoined his members to keep their eyes on the ball as he is sure of victory at last.     

The IPOB leader made this known in a statement by Ifeanyi Ejiofor, IPOB’s lead counsel, after a routine visit by his legal team led by Prof Mike Ozekhme, SAN, at the headquarters of the State Security Service, SSS, Abuja, where he is still being illegally detained in solitary confinement.

The full statement reads: “Today, our team ably led by erudite Professor of Law, Chief Mike Ozekhome, SAN, visited Onyendu Mazi Nnamdi Kanu at the SSS Headquarters where he is being illegally held in solitary confinement, to formally brief him on the outcome of the Supreme Court Judgement, delivered in his matter on the 15th day of December, 2023.

“Onyendu was fully briefed on the salient findings of the apex court, which pronouncements unequivocally condemned in strong terms, the illegal invasion of Onyendu mazi Nnamdi Kanu‘s ancestral home in Afara Ukwu Ibeku, Umuahia Abia State, by Nigerian Security Agencies on the 14th September 2017, where numerous innocent civilians were murdered in cold blood. That the Supreme Court equally condemned and declared as unlawful the consequent revocation of Onyendu Mazi Nnamdi Kanu’s bail by the trial court, which order was granted on application filed by the same Federal Government that had through its security agencies invaded Onyendu Mazi Nnamdi Kanu’s house, even when he was on court’s bail, and awaiting to appear in court on a given date for trial to commence. That the apex court said Onyendu who ran for his dear life could not be said to have jumped bail such as to warrant the revocation of his bail. The apex court also condemned the kidnap/abduction of Onyendu Mazi Nnamdi Kanu from Kenya by Nigerian security agents, and his subsequent extra-ordinary rendition to Nigeria. Onyendu was further informed that the apex court roundly condemned the illegality of the actions of the Federal Government in the use of brute force to kidnap a citizen from a foreign land without first subjecting the person to extradition proceedings and cautioned about the dent these actions can have on the image of the country internationally. That the apex court however held that evidence even if obtained illegally can still be used to try an accused person. Thus, the above acts of illegality of the Federal Government and wrongful revocation of Kanu’s bail cannot deprive the trial court from trying Onyendu. Thus, that Onyendu should go and face his trial before the trial court.

“Though the eventual verdict of the Supreme Court was conveyed to Onyendu who expressed reservations on the outcome, however, Onyendu accepted this final outcome because of the finality of the Supreme Court Decisions; not because they are infallible but only because they are infallible for the fact that the Supreme Court is the final court in the land.

“However, in accepting this verdict, Onyendu specifically requested that the following compelling question should be publicly put across to the discerning members of the public, who are keenly following the trajectory of this case, to wit:

“Did the decision of the Supreme Court which substantially sanctioned the Federal Government’s illegal acts of Onyendu Mazi Nnamdi Kanu’s abduction and extraordinary rendition to Nigeria, effectively repeal the following Nigerian laws which were all cited in our brief before the Supreme Court?

“1. Section 15 of the Extradition Act Cap E25 Laws of the Federation of Nigeria, 2004, which provides as follows:

“Where, in accordance with the law of any country within the Commonwealth or in pursuance of an extradition agreement between Nigeria and another Country (whether within the Commonwealth or not), any person accused of or unlawfully at large after conviction of an offence committed within the jurisdiction of Nigeria is surrendered to Nigeria by the country in question, then, so long as he has not had a reasonable opportunity to returning to that country, that person shall not be detained (whether under this Act or otherwise), tried or otherwise dealt with in Nigeria for or in respect of an offence committed by him before his surrender to Nigeria other than-

“a) The offence for which he was surrendered or any lesser offence which may be proved by the facts on which his surrender was granted; or

“b) Any other offence (being one corresponding to an offence described in section 20 of this Act) of the same nature as the offence for which he was surrendered:

“Provided that a person falling within this section shall not be detained or tried for an offence by virtue of paragraph (b) of this section without the prior consent of the country surrendering him”.

2. Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004, which provides as follows:

“A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.”

“The above laws, for the avoidance of any doubt, are all Nigerian laws on extradition and extraordinary rendition of citizens from foreign lands.

“3. Other international Instruments and Conventions to which Nigeria is a state party and bound by, which made similar provisions includes: The OAU Convention on the Prevention and Combating of Terrorism; Principles and Guidelines on Human and Peoples’ Right while Countering Terrorism in Africa and the International Covenant on Civil and Political Rights”, all of which were cited by the Ozekhome-led team.

“Public perspective/positions on the possible implication of the above laws on the Supreme Court’s judgement of 15th of December 2023, will further demonstrate the grave prejudice Onyendu Mazi Nnamdi Kanu has suffered in the hands of the Federal Government of Nigeria.

“Onyendu seized the opportunity offered by the visit to remind UMUCHINEKE that he is not broken by whatever situation he is faced with, but they should be doubly assured that he shall emerge victorious in the end.

“Onyendu commended Prof Mike Ozekhome, SAN, for the courageous and brilliant way and manner he handled the matter up to the Supreme Court, notwithstanding the disappointing final outcome. He once again thanked Ezigbo UMUCHINEKE for their prayers and love, even as he encouraged all to remain focused and keep their eyes on the ball. Onyendu enjoined his followers to continue to conduct themselves in a peaceful manner as they have always done.”

A.

-December 19, 2023 @ 18:40 GMT|

Tags: Ifeanyi Ejiofor IPOB Mazi Nnamdi Kanu Prof Mike Ozekhome Victoria Frances