Appeal Court ends Nnamdi Kanu’s trial, orders IPOB leader’s release

•…Ohanaeze: it’s best news of the year

…•He has not been acquitted, says Malami

JUBILATION swept through the Southeast states of Abia and Enugu last night, following the quashing of the charges pressed by the Federal Government against Independent People of Biafra (IPOB) leader Nnamdi Kanu.

As the report on the “appellant is accordingly discharged” pronouncement by court filtered into the air, the Ohanaeze Ndigbo described the judicial reprieve as the best news of the year.

It expressed the belief that the verdict will end killings and sit-at-home in the Southeast.

In a ruling, the Court of Appeal in Abuja declared as unlawful the abduction of the IPOB leader from Kenya to Nigeria.

A three-member panel of the appellate court also quashed the terrorism charge brought against him by the Federal Government.

The Court of Appeal was of the view that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charge against him incompetent and unlawful.

The judgment was on an appeal marked: CA/ABJ/CR/625/2022 filed by Kanu against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.

Justice Oludotun Adefope-Okojie, who read the lead judgment, declared as illegal and unlawful Kanu’s abduction from Kenya to Nigeria.

The Justice quashed the remaining seven counts in the 15-count charge filed before the Federal High Court by the Fed Government.

Justice Binta Nyako of the Federal High Court in Abuja had, in an earlier ruling quashed eight of the 15 counts.

“By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (Fed Government) of international treaties, conventions, as well as the African Charter on Human and Peoples Right,” Justice Adefope-Okojie said.

She added that having flagrantly breached Kanu’s fundamental rights, the government has lost the legal right to put him on trial.

The Justice 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.

She held that the government’s failure to abide by due process in the manner it brought Kanu back to the country was fatal to sustaining the charge pending against Kanu before the Federal High Court.

She added that the failure by the Federal Government to disclose where and when the alleged offences brought against Kanu were committed was equally fatal to the terrorism charges and made them liable to dismissal.

The Judge 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 Fed Govt has lost the right to put the appellant 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, so as to avoid anarchy.”

Justice Adefope-Okijie noted that while the court may not have the powers to dictate to the Executive, it could prevent the Executive from abusing the law, adding that courts should not be shy from always calling the Executive to order.

She noted that the issue of jurisdiction raised by the appellant was one that was critical to the case which the court ought to have resolved first.

In holding that the issue of jurisdiction was properly raised before the trial court, Justice Adefope-Okijie observed that the trial court turned a blind eye to it.

“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,” she held.

She held that the trial court therefore lacked the jurisdiction to try appellant’ on the retained counts of the charge.

Justice Adefope-Okojie said: “No court can try him going by the circumstances of the extraordinary rendition.”

“Having resolved issue one in favour of the appellant, which deals with jurisdiction, 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 is accordingly discharged.”

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