Kanu’s continued detention ‘will amount to persecution and no longer prosecution’ – Ozekhome

Following last Thursday’s discharge and acquittal of leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, over charges of terrorism preferred against him by the Nigerian Government, disagreement has ensued between the Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) and Lead Counsel to the detained activist, Mr Mike Ozekhome SAN over interpretation of the appellant court judgement.

While Malami claims the Appeal Court did not free Kanu of the remaining four-count charges, as he insists only the terrorism charges was struck out, the activist’s counsel maintained that the ruling was emphatic and comprehensive in its judgement, adding that if his client continues to be remanded in prison custody, it would amount to ‘persecution and not prosecution.’

AGF Malami first claimed that the appellate court only decided a single issue that borders on rendition or extradition of the defendant (Kanu) from Kenya.

Malami who made his position known in a statement through his Special Assistant on Media and Public Relations, Dr. Umar Jibrilu Gwandu, insisted that Kanu has other pre-rendition cases to answer.

“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.

”For the avoidance of doubt and by the verdict of the court, Kanu was only discharged and not acquitted.

”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.”

However, responding to the claims of the Nigerian government as made by the AGF Malami, Lead Counsel to Kanu, Ozekhome, while speaking on Channels TV programme, Thursday, argued that the supposed remaining charges claimed by Malami pending at the Federal High Court in Abuja have been clearly set aside by the Appeal Court.

“Nnamdi Kanu was set free and discharged by the Court of Appeal. The Supreme Court has said such a discharge amounts to discharge and acquittal.

”My take on it is that it will amount to persecution and no longer prosecution.

According to Ozekhome, when he gets the Certified True Copies of the judgment, he will serve it on the AGF Malami and the Department of States Service (DSS), thereby asking for his release by Friday.

Ozekhome further advised the Nigerian government to see the appellate court’s decision as being good for the country, adding that any move against the decision ‘will amount to persecution.’

Meanwhile, weighing in on the disagreement between Malami and Ozekhome ove the Appeal Court judgement, a legal practitioner, Olalekan Ojo SAN, said the Court of Appeal has proved that the court of law is the last hope of every Nigerian.

“The judgment of the Court of Appeal seems to be correct until it is set aside by the Supreme Court.

“However, there is an aspect of it that I read. The Court of Appeal held that the extradition of Nnamdi Kanu from Kenya to Nigeria was illegal and that illegality constitutes a bar to any further trial. That is the basis of the judgment.

“All that the Court of Appeal said is that Nnamdi Kanu ought not to have been put on trial in the first instance. The Court of Appeal has proved that the court of law is the last hope of every Nigerian.”