Stephen Ukandu, Umuahia
Respite, Thursday, came to the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, as the Court of Appeal in Abuja, discharged and acquitted him of all counts of terrorism charge preferred against him by the Federal Government.
The Appeal Court in a unanimous ruling, quashed the seven-count charges against Kanu.
In a decision by a three-man panel led by Justice Jummai Hanatu, the appellate court said it was satisfied that the Federal Government flagrantly violated the law, when it forcefully renditioned Kanu from Kenya to the country for the continuation of his trial.
The court condemned the Federal Government for renditioning Kanu from Kenya without due process.
It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellant’s fundamental human rights.
The court noted that FG failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
According to the court, the Federal Government “was ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
“In law, that is a costly failure and such failure is an admittance by the Respondent,” the court ruled.
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded,” the court held, adding that the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.
The Appeal court noted that “Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other.”
Appeal Court further held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
According to appeal court, the entire proceeding initiated against Kanu and amounted to “an abuse of criminal prosecution in general.”
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness,” the Appellate court held, even as it accused FG of engaging in “serious abuse of power.”
