Breaking: Appeal Court Discharges And Acquitted Nnamdi Kanu, Challenges High Court’s Jurisdiction
By: People’s Voice Nigeria | News
The Court of Appeal sitting in Abuja, the Federal Capital Territory, on Thursday upheld the appeal of the detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.
The court also discharged and acquitted the embattled leader of the proscribed group.
Kanu’s lawyer and human rights activist, Ifeanyi Ejiofor, confirmed this on his Facebook page on Thursday.
“Appeal allowed, Oyendu Mazi Nnamdi KANU, discharged and acquitted. We have won! “he wrote.
In his appeal dated April 29th and marked CA/ABJ/CR/625/2022, he applied to be discharged and acquitted.
Kanu was first arraigned on December 23, 2015 and was later granted bail on April 25, 2017.
A three-man panel of the Court of Appeal said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in a flagrant violation of the OAU convention and protocol on extradition.
The court held that the 15-count charge preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in a clear violation of international treaties.
It was recalled that Kanu is being prosecuted by the Federal Government at the Federal High Court in Abuja for 15 count charges bordering on, including treasonable felony and terrorism, offences he allegedly committed in the course of his separatist campaigns.
The court further held that the Federal Government failed to disclose where Nnamdi Kanu was arrested despite the grave allegations against him.
The court noted that the act of abduction and extraordinary rendition of Kanu from Kenya without due process is a violation of his rights.
It added that the manner in which Nnamdi Kanu was procured and brought before the court was not evaluated by the lower court before assuming jurisdiction to try him.
The lower court, having failed to address the preliminary objection challenging its jurisdiction, particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria, the lower court failed to take cognizance of the fact that a warrant of arrest can only be executed anywhere within Nigeria, the appeal court judgement said.
The court further held that the trial judge was in grave error to have breached the right to a fair hearing of Nnamdi Kanu.
The African Charter on Human and People’s rights is part of the laws of Nigeria and courts must abide by the laws without pandering to the aim of the executive, the appeal court said.
Mr. Kanu has repeatedly called for the breakaway of a significant chunk of southern Nigeria to form the Republic of Biafra.
In October 2015, he was arrested by Nigerian authorities on an 11-count charge bordering on “terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.”
He was granted bail in April 2017 for medical reasons.
However, Mr. Kanu fled the country in September 2017 after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State.
He was then sighted in Israel and later continued to rally his supporters in Nigeria to employ violence in achieving secession.
“He has, upon jumping bail, been accused of engaging in subversive activities that include inciting violence through television, radio and online broadcasts against Nigeria and the Nigerian State and institutions,” Minister of Justice, Abubakar Malami, said after Kanu was rearrested and brought back to Nigeria in June 2021.
“Kanu was also accused of instigating violence, especially in Southeastern Nigeria, that resulted in the loss of lives and property of civilians, military, paramilitary, and police forces, and the destruction of civil institutions and symbols of authorities.”
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