Authorized group storms DSS Headquarters at the moment

About 72 hours after being let out by the Abuja Division of the Court docket of Enchantment, chief of Indigenous Individuals of Biafra, Nnamdi Kanu, remains to be being held within the custody of the Division of State Providers, The PUNCH learnt on Sunday.

However Senior Counsel for Kanu and Lead Counsel for the IPOB, Ifeanyi Ejiofor, mentioned the authorized group could be formally approaching the DSS Headquarters on Monday with the enrolled order of court docket and judgement of the Court docket of Enchantment, which might be accessible for fast compliance.

Whereas citing authorized authorities, he mentioned the liberty of Nnamdi Kanu, which was his basic and constitutionally assured proper, couldn’t be stayed.

Ought to the federal government and its safety companies refuse to launch Kanu, he mentioned far-reaching extant authorized cures, together with reporting Nigeria to worldwide companies, could be activated to make sure fast compliance with the court docket order.

Ejiofor mentioned these in an interview with The PUNCH in Abuja.

The PUNCH reported that the Court docket of Enchantment (Abuja Division) had on Thursday freed Kanu of the terrorism and treasonable felony fees most popular in opposition to him by the Federal Authorities.

The three-member panel of Justices of the Appellate Court docket had, within the judgement, put aside the judgement of the Federal Excessive Court docket, Abuja, which quashed eight out of 15 counts cost most popular in opposition to Kanu.

The Appellate Court docket within the unanimous judgement delivered by Justice Oludotun Adefope-Okojie declared as unlawful and illegal the kidnapping of Kanu from Kenya to Nigeria and quashed your complete seven fees retained by the trial court docket in opposition to him on the bottom that the Federal Authorities breached all native and worldwide legal guidelines within the forceful rendition of Kanu to Nigeria, thereby making the terrorism fees in opposition to him incompetent and illegal.

However Ejiofor, who expressed optimism that Kanu could be out of jail at the moment (Monday), suggested the President, Main Basic Muhammadu Buhari (retd.), to do the needful by obeying the court docket order.

He mentioned, “It has been my place that the Federal Authorities has a proper to attraction to the Supreme Court docket, which is a constitutionally assured proper. However the one obstacle to the train of that proper is that the Federal Authorities should to begin with adjust to the Order of the Discovered Justices of the Court docket of Enchantment which discharged Mazi Nnamdi Kanu, and prohibited additional indictment or commencing any recent legal cost in opposition to him.

“It’s a settled legislation, as has been held by the Supreme Court docket in plethora of instances, together with the apex court docket’s determination within the case of Chukwuemeka Odumegwu Ojukwu Vs Lagos State  Authorities, that an appellant is not going to be in contempt of an order of a decrease court docket, and strategy the Supreme Court docket looking for equitable cures to remain execution. It’s extra so when by the impact of the Judgement of the Court docket Enchantment underneath reference emphatically put aside the order of the decrease court docket and the frivolous cost which had hitherto legitimised his detention from June 29 2022, they’re now terminated and have become extinct on October 13 2022.

“Moreover, the liberty of Mazi Nnamdi Kanu which is his basic and constitutionally assured proper can’t be stayed.

“Mazi Nnamdi Kanu is but to be launched, although we will likely be formally approaching the State Safety Service Headquarters on Monday with the enrolled order of court docket, and judgement of the Court docket of Enchantment which will likely be accessible on Monday, for fast compliance. We anticipate to have Mazi Nnamdi Kanu launched to us at the moment, being October 17 2022.

“The Federal Authorities is but to file any attraction in opposition to the judgement of the Court docket of Enchantment, as at at the moment. However as I had earlier said, the Federal Authorities should to begin with obey the order of the Court docket of Enchantment and launch Mazi Nnamdi Kanu who has been discharged by the Court docket of Enchantment, earlier than difficult the judgement earlier than the Supreme Court docket.

“It’s our place that within the unlikely occasion that the Federal Authorities of Nigeria fails to obey the order of the Court docket of Enchantment discharging Mazi Nnamdi Kanu, we’ll activate far-reaching extant authorized cures to make sure fast compliance, which treatment will not be restricted to resorting to home authorized treatment, however could be prolonged to reporting the Federal Authorities of Nigeria heinous conduct earlier than the related worldwide companies, overseas Establishments and governments. Different authorized cures accessible to us is not going to be disclosed right here.

“President Muhammadu Buhari had mentioned on varied events that he wouldn’t intervene with the judicial course of and that it’s the court docket that might set Mazi Nnamdi Kanu free. The Court docket of Enchantment, the penultimate court docket, has set Mazi Nnamdi Kanu free, it’s now time for President Muhammadu Buhari to maintain to his phrase and be certain that Mazi Nnamdi Kanu is launched with none additional ado.”

Whereas setting Kanu free, the Appellate Court docket agreed with counsel for the IPOB chief, Dr. Mike Ozekhome, SAN, that Kanu was illegally kidnapped and extra-ordinary renditioned from Kenya to Nigeria,  in opposition to each, Worldwide and native legal guidelines.

“By the unlawful abduction and extraordinary rendition of the appellant, there was a transparent violation by the respondent to Worldwide treaties, conventions, in addition to the African Constitution on Human and Peoples Proper,” the court docket held.

The Appellate Court docket mentioned that the Federal Authorities, having flagrantly breached the elemental rights of Kanu, misplaced the authorized proper to place him on trial, including additionally that legal guidelines have been meant to be obeyed and that the Federal Authorities had no cause to have taken legal guidelines into her personal fingers within the unlawful and illegal means the matter of Kanu was dealt with.

The failure of Nigeria to observe due course of by the use of extradition course of as prescribed by legislation, it mentioned, was deadly to the costs in opposition to Kanu and additional held that the failure of the Federal Authorities to reveal the place and when the alleged offences introduced in opposition to Kanu have been dedicated was additionally deadly to the terrorism fees and made them liable to dismissal.

“By partaking in utter illegal and unlawful acts and in breach of its personal legal guidelines within the on the spot matter, the Federal Authorities didn’t come to fairness in clear fingers and should be known as to order. With appalling disregard to native and worldwide legal guidelines, the Federal Authorities has misplaced the fitting to place the appellant trial for any offence.

“Treaties and Protocols are supposed to be obeyed. No authorities on this planet is permitted to abduct anyone with out following due means of extradition. Nigeria will not be an exception or excused. Nigeria should obey her personal legislation and that of worldwide, in order to keep away from anarchy,” the Court docket held.

The panel additionally held that the trial court docket lacked jurisdiction to deal with the costs in opposition to Kanu, as he was not correctly arraigned earlier than the court docket.

The panel, presided over by Justice Jummai Hanatu, additionally held that the offences Kanu was alleged to have dedicated occurred in Kenya and never in Nigeria.

Justice Binta Nyako of the Federal Excessive Court docket in Abuja had mentioned in her judgement that counts 1, 2, 3, 4, 5, 8, and 15 confirmed some allegations, which the IPOB chief needed to reply.

However Kanu, by his group of attorneys led by Mike Ozekhome, SAN, filed an attraction marked CA/ABJ/CR/625/2022, praying the court docket to quash the remaining seven counts for being devoid of advantage.