The Human Rights Writers Association of Nigeria (HURIWA) has reminded the Supreme Court that as it rules on the appeal filed by the Federal Government challenging the freedom granted Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), December 15, that freeing the detained agitator in line with the decision of the appellate court is respecting the rule of law.
The group stated that the Supreme Court would uphold the supremacy of the principle of rule of law if it endorses the refined judgment granted Kanu by the Court of Appeal which ordered immediate freedom for the IPOB leader.
The human rights body in a press statement on Sunday signed by Comrade Emmanuel Onwubiko noted that the appellate court in a unanimous ruling last year quashed all the charges slammed on Kanu by the federal government on grounds of his extraordinary rendition by agents of government from Kenya.
According to the statement, Kanu was in a most bizarre manner abducted in Kenya by the nation’s secret agents and bundled home to face trial for offense bordering on terrorism at the orders of former President Mohammadu Buhari.
However, the Appeal Court repudiated the federal government for gross violation of international law and therefore discharged and acquitted the embattled leader of the proscribed group.
Kanu had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022 applied to be discharged and acquitted. Kanu was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
The Court of Appeal declared illegal and unlawful, the abduction of Kanu from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
According to the statement, the Appeal Court held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charges against him incompetent and unlawful.
The Appeal Court in a judgment by Justice Oludotun Adebola voided and set aside the charges by the Federal Government against Kanu
The Appellate Court proceeded to discharge Kanu from the alleged offences.
Justice Adebola held that failure of Nigeria to follow due process by way of extradition was fatal to the charges against Kanu.
The Appeal Court further held that the failure of the Federal Government to disclose where and when the alleged offences were committed was also fatal to the terrorism charges and made them liable to dismissal.
The statement added, “It was such a massive disappointment then that the immediate past President, Muhammadu Buhari with unambiguous impunity and lawlessness, disrespected the court of Appeal’s decision in the Nnamdi Kanu’s matter for almost a month before filing and obtaining a stay of execution of the judgment of the Appellate Court freeing Nnamdi Kanu, and then proceeded to file an appeal at the Supreme Court of Nigeria.
“Anything contrary to affirming the earlier verdict of the Court of Appeal by the Supreme Court of Nigeria freeing Mazi Nnamdi Kanu will amount to the legalisation of crass official impunity and executive lawlessness.
“The brazen and flagrant disregard to the principle of rule of law by then President Buhari who failed to comply with the Appeal court’s verdict freeing Nnamdi Kanu, precipitated the biggest civil strife and killings in the South East of Nigeria with over 300 civilians and security operatives getting killed in crossfire between unidentified killer squads operating as unknown gunmen just as the security forces due to the tough approaches they have continued to adopt, have killed hundreds of innocent Igbo youths, stressed the group.
Onwubiko expressed optimism that in the interest of national security and because of the undying need to restore security and stability in the South East, that the Supreme Court of Nigeria will inevitably be guided by what is best for Nigeria and what will best promote the principle of rule of law even as the rights group said the straightforward answer to these critical questions is for the nation’s apex court to restore the judgment of the Court of Appeal which had freed Mazi Nnamdi Kanu.
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