The lead judgment’s certified true copy, which stated that the appeal court had forbidden “any court in this nation” and judges from bringing charges against Nnamdi Kanu, the leader of the Indigenous People of Biafra, for any prior offenses, has come to light.
According to Anaedoonline.ng, the Appeal Court upheld the pro-Biafra activist’s appeal last Thursday and dismissed the Federal Government’s accusations against him.
The Federal Government would investigate “relevant legal options,” according to Abubakar Malami SAN, Attorney-General of the Federation and Minister of Justice, in response to the decision.
BREAKING: Nnamdi Kanu Discharged And Acquitted By Court
Kanu’s attorney, Mike Ozekhome SAN, requested in a letter to the AGF dated October 17 that the AGF promptly follow the Court of Appeal’s ruling and unconditionally release his client.
But according to the certified authentic copy of the lead judgment that Newsmen was able to obtain, the lead verdict was read by Justice Oludotun Adefope-Okojie, and the decision was handed down by a three-person panel led by Justice Jummai Hannatu from the Gombe Division.
The judge said, “The consequence of this section, I hold, is that the respondent is prohibited from being detained, tried, or otherwise dealt with in Nigeria for or in respect of any offense allegedly committed by him before his extraordinary rendition to Nigeria.
“The lower court thus has no jurisdiction, I further hold, to try the Appellant on Counts 1,2,3,4,5,8, and 15 which were retained by it, being charges allegedly committed by the Appellant prior to his extraordinary rendition.
LATEST: Appeal Court Did Not Acquit Nnamdi Kanu – Malami
“In addition, by the forceful abduction and extraordinary rendition of the appellant from Kenya to this country on the 27th day of June 2021, in violation of international and state laws, the lower court or indeed any court in this country is divested of jurisdiction to entertain charges against the appellant and I so hold.
“I accordingly resolve issue number one in favor of the appellant.”
“The resolution of this issue in favor of the appellant disposes of this appeal, I hold, making a resolution of the other issues merely an academic exercise.”
The appeal court claimed that the reason for its decision in the case was that the federal government had not followed the procedures outlined in both local legislation and international treaties and conventions.
It also criticized Justice Binta Nyako of the Federal High Court for ignoring the grounds of Kanu’s defense of his extraordinary rendition from Kenya.
See What Court Said About Nnamdi Kanu’s Arrest in Kenya
“The duty of the courts is to maintain the balance between ensuring that law and order is obeyed and the protection of the individual from oppressive actions by the executive.
“By failing to consider and make findings in respect of issue No 1 raised before it for determination, regarding the extraordinary rendition of the appellant, the lower court, I hold, failed to properly evaluate the appellant’s evidence, resulting in a breach of the appellant’s right to a fair hearing.”
On the basis of the most recent Kanu judgment, the Supreme Court looks to be the AGF’s sole remaining legal recourse.
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