The Court of Appeal in Abuja, yesterday, quashed the terrorism charge the Federal Government preferred against the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The court also discharged and acquitted Kanu of the seven-count charge pending against him before the Federal High Court in Abuja.
The appellate court, in a decision by a three-man panel led by Justice Jummai Hanatu, accused the Federal Government of flagrantly violating the law by forcefully bringing Kanu from Kenya to the country for the continuation of his trial.
It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellant’s fundamental human rights.
The appellate court noted that the Federal Government failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
It held that the Federal Government was “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
“In law, that is a costly failure and such failure is an admittance by the Respondent.
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded”, the court held, adding that the onus was on the Federal Government to prove the legality of the Appellant’s arrest and return from Kenya.
The court further noted that Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other.
It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
The appellate court held that the Federal Government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”, the Appellate court held, even as it accused the Federal Government of engaging in “serious abuse of power”.
Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
It held that the proscription order by the lower court would subsist until it is set-aside.
Kanuhad approached the Appeal Court seeking to quash terrorism charges brought against him by the Federal Government.
He had faulted the order of Justice BintaNyako of a Federal High Court, Abuja, which ordered him to answer seven out of the 15-count terrorism charge against him.
Kanu had prayed the appellate court to quash the entire charges and set him free on various grounds.
The IPOB leader had said the purported offences were not committed in Nigeria.
However, the Justice HanatuSankey-led 3-man panel of Justices, discharged Kanu.
The ruling was disclosed by Kanu’s lead counsel, IfeanyiEjiofor.
In a tweet, Ejiofor wrote: “Appeal allowed, MNk discharged and acquitted.
“Appeal allowed, OnyenduMaziNnamdiKanu, discharged and acquitted. We have won! Victory, victory, victory, victory.”