NNAMDI KANU: FG APPEALS JUDGMENT, SEEKS STAY OF EXECUTION

The Federal Government has appealed the judgment of the Appeal Court freeing the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.

The government, in a motion for a stay of execution filed on Wednesday at the apex court, is asking the court to stay execution of the Appeal Court judgment of October 13. The Appeal Court had acquitted the IPOB leader and barred any lower court from entertaining further charges against him.

In a seven-ground Notice of Appeal filed by the office of the Attorney-General of the Federation, the Federal Government faulted the lower court’s decision and prayed that it should be set aside.

The Federal Government argued that the Court of Appeal erred when it faulted the manner by which Kanu was brought back to face trial after he allegedly jumped bail and fled the country.

It contended that the Court of Appeal also erred when it struck out the pending charges against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner by which Kanu was returned to the country after allegedly jumping bail.

CITY LAWYER recalls that a three-man panel of Appeal Court Justices led by Oludotun Adefope-Okojie had on Thursday, October 13, while delivering judgment in Kanu’s appeal on his extraordinary rendition, declared it as unlawful.

The court also quashed the charges bordering on terrorism and treasonable felony preferred against him by the Federal Government.

The Appeal Court held that the Federal Government breached all known 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 marked CA/ABJ/CR/625/2022 and filed by Kanu’s lawyers against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.

Justice Adefope-Okojie while delivering judgment declared Kanu’s abduction from Kenya and his subsequent return to Nigeria as illegal and unlawful. The court proceeded to quash the seven counts left of the initial 15 counts filed by the Federal Government.

Justice Binta Nyako of the Federal High Court had in an earlier ruling quashed eight out of the 15 counts, leaving seven for determination.

But the Appeal Court in its ruling held that the Federal Government violated all laws in the forceful rendition of Kanu to Nigeria, thus invalidating the charges.

“By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (Federal Government) of international treaties, conventions, as well as the African Charter on Human and Peoples Rights,” the court held.

The court added that having flagrantly breached Kanu’s fundamental rights, the Federal Government lost the legal right to put him on trial, adding the trial court lacked the jurisdiction to try the appellant on the retained counts of the charge. “No court can try him going by the circumstances of the extraordinary rendition,” the court held.

Justice Adefope-Okojie declared that “having resolved issue one in favour of the appellant, which deals with jurisdiction, the appeal succeeds.

“The order of Justice Binta Nyako which ordered the appellant to answer to counts 1, 2, 3, 4, 5, 8 and 15 is set aside, terminated and dismissed. Appellant is accordingly discharged.”

The apex court is yet to fix a date for the hearing of the motion for stay of execution.

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OZEKHOME WRITES MALAMI, SEEKS NNAMDI KANU’S IMMEDIATE RELEASE (LETTER)

The Lead Counsel to detained Leader of the Indigenous People of Biafra (IPOB), Chief Mike Ozekhome (SAN) has written to the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) seeking the “immediate and unconditional release” of Mazi Nnamdi Kanu.

In a letter obtained by CITY LAWYER and dated October 17, 2022, Ozekhome said the application for Kanu’s release was based on the strength of the Court of Appeal decision which discharged Kanu, urging Malami to “immediately comply with the judgment of the Court herein attached.” The letter was received by Malami’s office the same day.

He also asked Malami to “order the immediate and unconditional release of Mazi Nnamdi Kanu, now being illegally held in solitary confinement in State Security Service facility at the Abuja Headquarters.”

The full text of the letter is below.

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NNAMDI KANU SUES DSS, MALAMI OVER CHANGE OF CLOTHES

Embattled Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has dragged the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, the State Security Service (SSS) and its Director General to the Federal High Court over alleged refusal to allow him change his clothes.

In an application filed yesterday by his lawyer, Mr. Maxwell Opara, the detained IPOB leader sought “AN ORDER directing the Respondents, jointly and severally, to immediately allow the Applicant to have a change of clothes in their detention facility or at any time he appears in public for his trial.”

In the court documents made available to CITY LAWYER, Kanu is also seeking “AN ORDER of this court directing the Respondents, jointly or severally, to allow the Applicant to start wearing any clothes of his choice, more so, to allow him to wear his traditional Igbo Attires (Isi-Agu) and/or other Igbo traditional attires of his choice.”

Kanu has also urged the court for “AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their authorized agents by whatever name so called, from further disturbing or interfering with the rights of the Applicant to dignity of human person and freedom from discrimination or in any way infringing on the constitutional rights of the Applicant as guaranteed by law or from making any attempt capable of violating the Applicant’s rights as guaranteed under the Constitution.”

In the application brought pursuant to Order II Rules 1, 2, 3, & 5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Sections 34(1)(a), 42(1) and 46(1) – (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 5 African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN 2004 and under the inherent jurisdiction of the court, the pro-Biafra activist is also seeking the following reliefs

1) A DECLARATION OF THIS HONOURABLE COURT that the Respondents, whilst carrying out their lawful duties, are bound to adhere to and/or respect the fundamental rights of all citizens of Nigeria as enshrined in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the Africa Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

2) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

3) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to freedom from discrimination as guaranteed under Sections 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

4) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents, jointly and severally, in constantly refusing and/or preventing the Applicant from having a change of clothes or subjugating the Applicant to wearing one particular cloth against his will, both while within their detention facility or on days when he is to appear before the Federal High Court or other designated place/s for his trial, constitute a subjection of the Applicant to in human and degrading treatment, thus a gross violation of the Applicant‟s right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

5) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents in constantly preventing and/or commanding the Applicant to desist from wearing the traditional Igbo attire(Isi-Agu) or other attires identical to the Igbo Ethnic group of Nigeria; even when no law in Nigeria forbids the Applicant from wearing same and more so when it is a notorious fact that other inmates from other ethnic groups wear their traditional clothes, constitute a subjection of the Applicant to full-fledged discrimination by reason of his ethnic group or place of origin, thus a gross violation of the Applicant’s right to freedom from discrimination as guaranteed under Section 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The application is accompanied by a 10-paragraph affidavit deposed to by Opara. No date has been fixed for hearing of the lawsuit.

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BREAKING NEWS: NNAMDI KANU DISTANCES IPOB FROM KILLINGS, URGES CALM

The leader of the pro self-determination group, Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has distanced the group from the ongoing killings in the South East and “pleaded that everyone should remain calm and peaceful,” his lawyer, Mr. Maxwell Opara has said.

In a statement he made available to CITY LAWYER following his visit to Kanu today, Opara also stated that Kanu also broke down in tears on hearing of the killing of renowned surgeon, Dr. Chike Akunyili.

According to Opara, “Mazi Nnamdi Kanu was traumatized by the disturbing sad news of the incessant killings of innocent persons in the South East and frowned at all attempt by the enemies who link IPOB with the killings of the innocent persons. He cried and prayed to God to raise his anger on those who killed Dr. Chike Akunyili and others. In my presence MNK broke down in tears while still praying. But in all, he pleaded that everyone should remain calm and peaceful.”

The fiery lawyer also said that the attitude of the Department of State Services (DSS) to visitors has changed considerably after his outcry on the treatment meted to him during his last visit, adding that “the DSS have learnt to be treating their visitors especially Lawyers with respect and decorum.”

His words: “Having heard about the court process I filed against them together with the condemnation and embarrassment from the members of the public, may I inform you that the DSS have learnt to be treating their visitors especially Lawyers with respect and decorum. I went to the DSS Headquarters today 30th September, 2021 to visit my client Mazi Nnamdi Kanu, I was surprised how they treated me and other visitors with decorum and respect without harassment and abuse. We shall continue to seek redress for our right whenever it’s violated.”

CITY LAWYER recalls that Akunyili, husband of deceased former Director-General of the National Agency for Drug Administration and Control (NAFDAC), Prof. Dora Akunyili, was killed yesterday around Onitsha after attending a memorial event in her honour.

There has also been a spate of killings especially in Anambra State in the run-up to the November 6, 2021 Governorship Election, even as IPOB spokesman Emma Powerful had issued a statement denying that IPOB has any links with the killings.

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‘NNAMDI KANU WEPT OVER MY TREATMENT BY DSS,’ SAYS LAWYER

A lawyer to the embattled leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has told CITY LAWYER that Kanu broke down in tears over his alleged humiliation by the Department of State Services (DSS) during his visit to his client at DSS Headquarters, Abuja.

Narrating his ordeal in the hands of the secret service agency, Mr. Maxwell Opara told CITY LAWYER that he was almost stripped naked while attempting to have an audience with the self-determination activist.

According to Opara, “When MNK (Kanu) saw me (his lawyer) looking like awaiting trial inmate he felt so bad and started shedding tears, ‘that his lawyer is subjected to such degrading treatment simply because he came to visit him.’”

The fiery lawyer said that he had to console Kanu, adding: “I calmed him down and told him that I will personally narrate this to the whole world and as well address court on this issue in next court sitting. This is a country that claimed to practice democracy.”

The full text of the experience as sent to CITY LAWYER is below.

“It’s good I narrate this ugly incident to everyone to hear and circulate.

“Yesterday being 30th August, 2021, at about 3 to 4pm Nigerian time, I Maxwell Opara Esq went to DSS Headquarters Abuja to visit Mazi Nnamdi Kanu in line with the order of court that gave directives to some members of his legal team and family members to be visiting him every Monday and Thursday.

“Though I have been going there but yesterday after the normal screening, I was taking to another office where I was forced to remove my suit jacket, shoes & stockings, belt, medicated eyeglass, wedding ring, pen and plain sheet of paper which I wanted to use to record some of information MNK will give in preparation of his defense and applications we may be filing in court.

“I asked the officers who issued this order that lawyers should be subjected to this level, he said that the order is from above. I told them that I will never subject myself to that, they said then I am not ready to see MNK. Then due to the necessary need for me to see MNK, I had no option than to comply. I was given an ordinary slippers with my hands holding my trousers because my belt has been taken away from me.

“When MNK saw me (his lawyer) looking like awaiting trial inmate he felt so bad and started shedding tears, ‘that his lawyer is subjected to such degrading treatment simply because he came to visit him.’

“I calmed him down and told him that I will personally narrate this to the whole world and as well address court on this issue in next court sitting. This is a country that claimed to practice democracy.

“We shall continue to fight against injustice. I believe order lawyers in the legal team will narrate the same experience. Ahead ahead unstoppable!!! God is in control and in him we trust.”

The DSS is yet to respond to the lawyer’s claims.

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