Sopuruchi Onwuka
The decision of the Court of Appeal on Thursday that the trial court lacks jurisdiction to hear terrorism case against Mazi Nnamdi Kanu because of his unlawful extradition from Kenya is a major progress for the leader of Indigenous Peoples of Biafra (IPOB), but the battle might not be over yet.
President Buhari’s men have declared intention to drive on with prosecution of the embattled IPOB leader on the grounds of appeal and also resuscitation of pre-existing cases.
The Office of the Attorney General of the Federation and Minister of Justice, Mr Malami, responded to the appeal court ruling with a vow to press on with cases against Nnamdi Kanu from multiple fronts.
Malami stated in statement by his Special Assistant on Media and Public Relations, Dr. Umar Jibrilu Gwandu, that government would bring up other cases against Mazi Nnamdi Kanu which preceded his escape into exile.
He declared in then statement that the verdict of the Appeal Court only discharged and not acquitted Mazi Kanu.
“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 issues (sic!) that borders on rendition.
“Let it be made clear to the general public that other issues that predates 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,” the statement reads in part.
The Oracle Today reports that three judges of the Appeal Court had in a unanimous decision on Thursday thrashed President Buhari’s terrorism charges against MNK, displacing the position of the High Court to put him on trial.
MNK’s lawyers had argued that he could not receive a fair trial because he was forcefully extradited from Kenya to Nigeria.
“In view of the fact that the trial court lacks jurisdiction to hear this case because the process of extradition of the appellant from Kenya to Nigeria was unlawful since due process was not followed, this appeal succeeds,” declared Justice Oludotun Adefope Okojie who was lead judge in the case.
She further declared that “Consequently, the appellant is therefore discharged.”
Justice Okojie was lead judge in the court where the highly controversial terrorism charges against Nnamdi Kanu was surprisingly dismissed.
The appeal court judgment was hailed by the proponents of civil right and justice in the country who had earlier condemned President Muhammadu Buhari’s high handedness and heavy sentiments against Mazi Nnamdi Kanu and the IPOB group.
All the three judges hearing the case agreed to dismiss the accusation levelled against Nnamdi Kanu by the security agencies working for President Muhammadu Buhari who had unilaterally branded IPOB a terrorist organization to the dismay of everyone.
The lead judge dismissed a seven count charge of terrorism against Kanu and discharged him, citing that a lower court had no jurisdiction to try the case and that Kanu was abducted and extraordinarily extradited to Nigeria.
The two other judges concurred with the ruling in the absence of Kanu who was not in court when the decisions were reached.