Don’t Twist Appeal Court Ruling On Kanu, Falana Warns FG
HUMAN rights activist and lawyer, Femi Falana (SAN), has cautioned the President Muhammadu Buhari led- Federal Government not to twist the judgment of Court of Appeal on leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Falana warned that the Federal Government’s argument that there are pending charges against Kanu at the Federal High Court was a “contemptuous mockery” of the Court of Appeal’s judgment, which he stressed, was binding on all authorities.
A three-man panel of the appellate court Justices had on Thursday, October 13, upheld Kanu’s appeal seeking an order of the court to discharge and acquit him of the remaining seven-counts charge bordering on terrorism preferred against him by the government.
The IPOB leader had in his appeal, dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted. He was first arraigned on December 23, 2015 and later granted bail on April 25, 2017.
The Court of Appeal, while upholding his appeal, discharged him of all the charges and further declared as illegal and unlawful, his abduction from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
Shortly after the judgment, the Federal Government through the Attorney General of Federation and Minister of Justice, Abubakar Malami (SAN), said Kanu was only discharged, but acquitted.
But reacting to Malami’s position, Falana said the Court of Appeal’s judgment was binding on all authorities and persons in Nigeria by virtue of Section 287 of the 1999 Constitution.
In a press release, Falana stated: “In the case of Nnamdi Kanu vs Federal Government of Nigeria, the Federal High Court had upheld the preliminary objection of the defence team, led by Chief Mike Ozekhome (SAN) and dismissed eight out of the 15-count charge against the defendant.
“In its judgment delivered yesterday, the Court of Appeal dismissed the remaining seven-count charge and discharged Kanu on the main ground that his rendition in Kenya had rendered the entire proceedings in the Federal High Court illegal under the Nigerian constitution and under international law.
“Consequently, the Court of Appeal ordered Kanu’s immediate and unconditional release from the custody of the State Security Service (SSS).
“Therefore, the claim of the Federal Government that there are some pending charges against Kanu in the Federal High Court is a contemptuous mockery of the Court of Appeal, whose judgment is binding on all authorities and persons in Nigeria by virtue of Section 287 of the 1999 Constitution.”
Kanu had been re-arraigned before a Federal High Court on amended 15 counts bordering on treasonable felony by the Federal Government, but Justice Binta Nyako, on April 8, struck out eight of the 15 counts.
While ruling on the preliminary objection seeking to quash the charges, the Judge said counts 6, 7, 8, 9, 10, 11, 12 and 14 had not disclosed any offence against the defendant (Kanu).
The charges struck out below are “Count 6: Made broadcasts to attack officers of the Nigeria Police Force; Count 7: Made broadcasts in which he incited members of the public to hunt and attack officers of the Nigerian Police Force; Court 8: Made broadcasts in which he directed members of the IPOB to manufacture bombs; Court 9: Made broadcasts on diverse dates in furtherance of terrorism against the Nigeria state and with intent to destabilise the fundamental political and economic structures of Nigeria, incited members of the public to stop the Anambra governorship election.”
Others are, “Count 10: Incited members of the public to destroy public facilities; Count 11: Threatened members of the public not to come out on 31st May, 2021; Count 12: Made broadcasts with the intention to incite members of the public to stage a violent revolution in furtherance of acts of terrorism; and Count 14: Directed members of the public to destroy the public transport system in Lagos, resulting in major economic loss to the governor.”
Justice Nyako ruled that Counts 1, 2, 3, 4, 5, 8 and 15 showed some allegations, which the defendant had to answer.
However, Kanu, through his team of lawyers, led Ozekhome, filed an appeal, marked CA/ABJ/CR/625/2022, praying the appellate court to quash the remaining seven counts for being devoid of merit.
