IPOB: Is Nnamdi Kanu Free Indeed? The Legal Voices

The Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, was set free on Thursday by a three-man panel at the Appeal Court in Abuja, but the question is, ‘is Nnamdi Kanu free indeed?

 

Newsonline reports that the discharge and acquittal of the IPOB leader, Nnamdi Kanu was seen by many IPOB members and rights activists as freedom and victory for the rule of law.

 

But the Federal government said Nnamdi Kanu has only been discharged and not acquitted. this was contained in a statement issued from the office of the Attorney General of the Federation, Abubakar Malami.

 

Malami, in a statement signed by his spokesperson, Umar Jibril Gwandu, said the Federal Government will explore all available options left to it.

 

“The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu,” the statement said. “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.

READ ALSO: Full Judgement- Appeal Court Discharges Nnamdi Kanu Of Terrorism Charges

 

Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.

 

“The decision handed down by the court of appeal was on a single issue that borders on rendition.

 

“Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.

 

“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.” the statement quoted Malami.

 

The lead counsel in defence of Nnamdi Kanu, Chief Mike Ozekhome, a Senior Advocate of Nigeria (SAN) argued that the IPOB leader is free indeed and should be allowed by the Federal government to go home.

 

Ozekhome said, “What it means is that Nnamdi Kanu was discharged today (Thursday). That means he is a free man.

 

“And he should be allowed to go home tomorrow by the time we get a certified true copy of the judgment, we serve it to the Office of the Attorney-General and the DSS to allow Nnamdi Kanu go. Let my people go.”

 

Whether the Federal government would allow the IPOB leader who has been in DSS detention for over two years to go home as contained in the court ruling is a big issue. This is because the AGF, Malami has argued that the Appeal Court did not acquit Nnamdi Kanu of terrorism charges which the Federal government preferred against him.

 

Whether this could mean that Nnamdi Kanu will still be detained in DSS custody or not is a matter of law.

 

A human rights lawyer, Inibehe Effiong, summarised what the AGF should do, he said, “Should the Federal Government decide to appeal against the discharge and acquittal of Nnamdi Kanu by the Court of Appeal, it must still release Kanu. This is because the liberty of a citizen cannot be stayed. There is no room for stay of execution in this kind of case.”

 

Will the Federal government listen to Inibehe and the SAN, Mike Ozekhome and allow Nnamdi Kanu to go home, Garba Adamu, an ardent supporter of President Muhammadu Buhari-led administration said no.

 

Adamu Garba questioned the evidence the three-man panel of the Appeal Court relied on to discharge and acquit the IPOB leader.

 

“By the way, I wonder what empirical evidence convinced the appeal court to discharge and acquit Nnamdi Kanu despite his obvious criminal activities,” he questioned.

 

Garba added, “I respect the court’s judgment but If Kanu can go free, Abba Kyari, Sunday Igboho, and Henry Okah should all be freed.”

 

After listening to the statement from the Attorney General’s office, Abubakar Malai, Garba said, “Nnamdi Kanu is still a DSS guest of dishonor, as confirmed by FG. Don’t worry true and patriotic Nigerians, any terrorist like Kanu who seeks to destroy your country shall never find it easy.”