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Nnamdi Kanu: Legal Team Storms DSS Headquarters Today

AFNews Reporter

Oct 17, 2022

"It is our position that in the unlikely event that the Federal Government of Nigeria fails to obey the order of the Court of Appeal discharging Mazi Nnamdi Kanu, we will activate far-reaching extant legal remedies to ensure immediate compliance, which remedy may not be limited to resorting to domestic legal remedy, but would be extended to reporting the Federal Government of Nigeria heinous conduct before the relevant international agencies, foreign Institutions and governments. Other legal remedies available to us will not be disclosed here.

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"President Muhammadu Buhari had said on various occasions that he would not interfere with the judicial process and that it is the court that would set Mazi Nnamdi Kanu free. The Court of Appeal, the penultimate court, has set Mazi Nnamdi Kanu free, it is now time for President Muhammadu Buhari to keep to his word and ensure that Mazi Nnamdi Kanu is released without any further ado.ÔÇØ

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While setting Kanu free, the Appellate Court agreed with counsel for the IPOB leader, Dr. Mike Ozekhome, SAN, that Kanu was illegally abducted and extra-ordinary renditioned from Kenya to Nigeria, against both, International and local laws.

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"By the illegal abduction and extraordinary rendition of the appellant, there was a clear violation by the respondent to International treaties, conventions, as well as the African Charter on Human and Peoples Right,ÔÇØ the court held.

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The Appellate Court said that the Federal Government, having flagrantly breached the fundamental rights of Kanu, lost the legal right to put him on trial, adding also that laws were meant to be obeyed and that the Federal Government had no reason to have taken laws into her own hands in the illegal and unlawful way the matter of Kanu was handled.

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The failure of Nigeria to follow due process by way of extradition process as prescribed by law, it said, was fatal to the charges against Kanu and further held that the failure of the Federal Government to disclose where and when the alleged offences brought against Kanu were committed was also fatal to the terrorism charges and made them liable to dismissal.

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"By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order. With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant trial for any offence.

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"Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy,ÔÇØ the Court held.

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The panel also held that the trial court lacked jurisdiction to handle the charges against Kanu, as he was not properly arraigned before the court.

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The panel, presided over by Justice Jummai Hanatu, also held that the offences Kanu was alleged to have committed happened in Kenya and not in Nigeria.

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Justice Binta Nyako of the Federal High Court in Abuja had said in her judgement that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the IPOB leader had to answer.

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— AFNews Reporter

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