From Abuja court of Appeal , the terrorism charge set upon the leader of the Indigenous People Of Biafra, IPOB, Nnamdi Kanu has been nullified and trashed out by the court on Thursday , 13th October, 2022. He was discharged and acquitted of seven – count charge that was pending against him before the Federal High Court in Abuja. In one of the decisions taken from a three-man panel , which was presided by Justice Jummai Hanatu , the Appellate court said it was noticed and observed that FG flagrantly went against the law by forcefully taking Namdi Kanu from Kenya to Nigeria for trial.

Nnamdi Kanu Discharged and acquitted

It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellant’s fundamental human rights.

Statement

The appellate court noted that FG failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding. It held that FG was “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it. “In law, that is a costly failure and such failure is an admittance by the Respondent. “Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded”, the court held, adding that the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.   More so, the court noted that Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other. It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted. The appellate court held that FG’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.   “The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”, the Appellate court held, even as it accused FG of engaging in “serious abuse of power”.   Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal. It held that the proscription order by the lower court would subsist until it is set-aside. “We have triumphed”, says Mazi.  

New news alert !

News trails as Nnamdi Kanu is missing. Reports from people says he was granted bail, discharged but not acquitted. Another report says he was arrested again and this morning , news headline says Nnamdi Kanu courtcase adjourned. So right now, Nnamdi Kabu’s case is still pending in the law court !