•Nnamdi Kanu and Tinubu
Apex Igbo socio-cultural organisation, Ohanaeze Ndigbo, has expressed shock over yesterday’s ruling by the Supreme Court that detained leader of proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, must face trial for the allegations against him by the federal government, thereby, quashing expectations that he could regain his freedom.
This was even as disquiet reigned in the South East after the judgment was delivered, reports The Guardian.
Inside the streets of Enugu and other parts of the region, residents were seen in clusters discussing the fate of Kanu and how his loyalists might react to the development.
In the judgment delivered by Justice Emmanuel Agim but written by Justice Garba Lawal, the Supreme Court voided the judgment of the Court of Appeal, which in October, last year, ordered the release of Kanu and also quashed the terrorism charges against him.
The Supreme Court held that although the federal government was reckless and unlawfully renditioned Kanu from Kenya, such unlawful act has not divested any court from proceeding with his trial.
Justice Lawal said that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya, adding that at the moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The Supreme Court subsequently ordered that Kanu should go and defend himself in the remaining seven-count terrorism charges against him.
The Appeal Court had, in its judgment delivered on October 13, 2022, quashed the treasonable felony charges against the IPOB leader.
The Appeal Court had, apart from quashing the charges against Kanu, ordered his release from detention on the ground that he was unlawfully renditioned to the country by the Federal Government after he allegedly jumped bail.
But the federal government approached the Supreme Court to set aside the judgment of the Appeal Court. On the other hand, Kanu also approached the Supreme Court to uphold the judgment of the Court of Appeal and uphold his discharge and acquittal.
In his final submission at the Supreme Court, the federal government lawyer, Tijani Gazali (SAN), urged the court to allow the appeal, set aside the judgment of the court below and affirm that of the Federal High Court, Abuja, which held that Kanu should stand trial in respect of the charges, which the Appeal Court quashed.
Gazali further urged the apex court to dismiss the cross-appeal filed by the IPOB leader.
On his part, Kanu’s lead counsel, Mike Ozekhome (SAN), urged the Supreme Court to dismiss the appeal filed by the federal government with punitive cost and uphold the cross-appeal to do substantial justice to the matter.
He also urged the court to allow the cross-appeal filed by his client whom, he said, has been in custody since June 29, 2021, even when the Appeal Court ordered his release.
He prayed the court, “to use this case to demonstrate that no government should trample on the rights of citizens as was done in the case of Ojukwu v. Lagos State.”
The Court of Appeal in Abuja had, in its judgment delivered on October 13, 2022, faulted the manner the federal government brought Kanu back into the country and proceeded to quash the seven counts left in the treasonable felony charge on which the IPOB leader was being tried before a Federal High Court in Abuja before he jumped bail.
The Appeal Court held that the federal government violated rules of engagement in the ways and manners Kanu was arrested in Kenya and brought to Nigeria.
It further held that the federal government breached the international laws and resorted to self help in its failure to file extradition application against Kanu in Kenya instead of resorting to unlawful abduction, rendition.
The three-member panel of Justices of the Court of Appeal then discharged Kanu and ordered his release from custody.
Before the judgment could be executed, the Federal Government applied to the Court of Appeal for a stay of execution pending the determination of its appeal against it, an application the Court of Appeal granted.
Recall that Justice Binta Nyako of the Federal High Court sitting in Abuja had, in an earlier ruling, struck out eight out of the 15 counts in the original charge filed against Kanu, leaving seven, which the Court of Appeal quashed in its judgment.
Reacting to the Supreme Court judgment via a statement titled, ‘Ohanaeze Ndigbo Urges Biafra Agitators To Embrace Non-Violent Agitation For Peaceful Resolution’, the Secretary General of the group, Okechukwu Isiguzoro, called for calm in region, noting that Ohanaeze Ndigbo is actively engaging with stakeholders across Nigeria to mount pressure on the Federal Government to drop the charges against him.
The statement read: “Ohanaeze Ndigbo, the apex socio-cultural organisation representing the Igbo people, issues a heartfelt appeal to Biafra agitators to collaborate with us in restoring peace and stability to the Southeast region. In light of the recent decline of the Supreme Court to release Nnamdi Kanu, Ohanaeze Ndigbo believes that his release is sacrosanct and calls for a return to non-violent means of agitation.
“We acknowledge the concerns raised by Biafra agitators regarding the alleged actions of Southeast governors. While we have not personally met with the governors, we implore them to openly deny these allegations and engage in constructive dialogue towards finding a common ground.
“As we approach the Christmas and New Year holidays, we earnestly beseech the Indigenous People of Biafra (IPOB) to help restore normalcy in the East. Let us embrace peace and harmony during this festive season, prioritising the well-being of our people and the development of our region.
“The release of Nnamdi Kanu is a collective endeavour for the Igbo people, and Ohanaeze Ndigbo is actively engaging with stakeholders across Nigeria to mount pressure on the federal government to drop the charges against him. We believe in the power of dialogue and peaceful resolution to address the concerns of our people.
“Ohanaeze Ndigbo remains committed to the unity, progress and prosperity of the Igbo nation. Together, let us work towards a future where our aspirations are realised through peaceful means, fostering an environment of inclusivity and understanding.”
Also, the National Publicity Secretary of Ohanaeze Ndigbo, Dr. Alex Ogbonnia, noted that the development was regrettable, adding that the group will not relent in calling for a political solution to the issues around Kanu.
To Chief Chekwas Okorie, the non-release of Kanu by the Supreme Court against all expectations has brought despondency and anger in the entire Igbo land.
He stated that the justices of the Supreme Court waxed legalese to rationalise their judgment. He, however, appealed to “Ndigbo to endure the painful provocation with equanimity.”
He added: “I appeal that we do not resort to any precipitate action that may be counterproductive and exacerbate the already existing tension. This moment calls for maturity and wisdom. I have always held the view, right from the very beginning of Mazi Nnamdi Kanu’s saga, long before his gestapo-like, illegal extraordinary rendition from Kenya by Nigerian agents in collaboration with Kenyan authorities, that what was needed to resolve this imbroglio was more political than legal.
“This is the time to reengage the diplomatic gear. I am convinced that President Bola Ahmed Tinubu has all that it takes in terms of political sagacity and savvy to deploy his special presidential dispensation as provided by the 1999 Nigerian Constitution as amended to intervene at this time. I believe that well-meaning Igbo leaders need to mobilise without delay to engage President Tinubu constructively with a view to exploring the diplomatic and political solution to the release of Mazi Nnamdi Kanu and other prisoners of conscience.
“It is with every sense of responsibility that l repeat my sincere appeal to our people, especially the angry youths, to give this renewed initiative a chance being the first of such move under the President Tinubu dispensation.”
On his part, Emeritus President of Aka Ikenga, Chief Goddy Uwazurike, stated that the struggle to free Kanu continues.
“Justice can be suppressed but not forever. This case is treading the path of the Mandela, Kaunda, Kenyata and Nkrumah trials. One day Nnamdi Kanu will exit the tunnel and come back to freedom,” Uwazurike said.
Former Minority Leader of the Senate, Senator Enyinnaya Abaribe, has also called for calm, urging Ndigbo not to despair over what he called the unfortunate outcome at the Supreme Court judgment.
He expressed belief that “this current Federal Government will do something very fast to release Nnamdi Kanu, if for no other reason, but for national cohesion and unity of the country.
“As Leaders, we shall continue to press for a solution that will be the best in the circumstance,” Abaribe assured.
Kanu’s legal travail
Kanu, 56, is an advocate for the secession of the South East region from Nigeria. He is the acclaimed leader of IPOB, which he founded in 2014 with the aim of restoring the defunct separatist state of Biafra that existed in Nigeria’s Eastern Region during the Nigerian Civil War of 1967–1970.
Kanu’s problem began with his arrest by the Department of State Services (DSS) on treason charges on October 18, 2015, and following protests that erupted in various states across the Southeast geo-political zone, he was reported to have been granted bail after a secret arraignment at Magistrate Court, Wuse 11, Abuja.
However, the bail seemed controversial and an illusion as he remained under the custody of the DSS on the ground that it obtained a secret order of court for his continued detention.
The rumoured bail, many believed, was to douse civil disturbances among Igbo youths.
One of the earliest Kanu’s lawyer, Vincent Obetta, had said that the prosecutor gave him a document containing a court order permitting the DSS to remand Kanu in their custody for three months to enable them to conclude investigation of treason and terrorism financing.
Kanu’s trial began fully with his arraignment on November 23, 2015, in an Abuja Magistrate Court for the first time, where the charges of criminal conspiracy, intimidation and membership of an illegal organisation was read to him. He was informed that the charges violated Sections 97, 97b and 397 of Nigeria’s penal code.
The prosecution of Kanu was not just controversial but also ceremonial, attracting peaceful demonstrations and cultural display by his fans, comprising mostly those from the South-East.
They often gathered outside the court premises whenever he was brought to court to urge the Federal Government to free him.
When Kanu’s matter was moved from the Magistrate Court in Wuse 11 to the Federal High Court also in Abuja, it was assigned to Justice Binta Nyako, who had to contend with Kanu’s frequent outburst over his unlawful detention.
He was eventually released on bail on April 24, 2017, with two sureties depositing N100 million bail bond each. Part of the bail conditions included consistence appearance in court to face his trial and prohibition from public appearances and holding of any kind of assembly.
But Nyako’s bail conditions did not stand the test of time as Kanu jumped bail shortly after, compelling the court to summon his sureties one of which is Senator Abaribe, who also stood the risk of forfeiting the N100 million bail bond.
On September 11, 2017, gunmen suspected to be soldiers allegedly invaded his house in Abia State and opened fire on the occupants.
The next time Kanu spoke to justify his reasons for jumping bail, it was allegedly from Jerusalem, where he had eloped. According to him, he would have been killed had he not left the country.
On September 20, 2017, the Federal High Court in Abuja granted an order filed by the former Attorney General of the Federation and Minister of Justice, Abubakar Malami, declaring the activities of IPOB “acts of terrorism and illegality.”
The order also proscribed the existence of IPOB throughout Nigeria, with particular attention on the Southeast and South South regions.
On June 27, 2021, Kanu was re-arrested in Kenya by Interpol and extradited back to Nigeria to face trial.
This development sparked anger among Biafra agitators and other Nigerians who are supportive to his cause. In fact, the World Igbo Congress (WIC) declared the arrest an illegal abduction and international gangsterism.
During his arraignment on June 29, 2021, Kanu told the court that Nigerian military had forced him to flee the country in 2017.
Again, Kanu was accused of terrorism, treason, involvement in a proscribed separatist movement, inciting public violence through radio broadcasts and defamation of Nigerian authorities through broadcasts. He also pleaded not guilty to the charges.
However, he has remained in detention since then and with yesterday’s ruling of the Supreme Court, nobody can certainly say when he would regain his freedom.
