October 14, (THEWILL) – Senior Advocate of Nigeria, Mike Ozekhome, has faulted the Office of the Attorney General of the Federation (AGF) and Minister of Justice, over its interpretation of the judgement of the Court of Appeal, which discharged the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, of all terrorism-related charges.
THEWILL reported that a three-man panel of the Court of Appeal in Abuja, on Thursday, quashed the terrorism charges the Federal Government brought against Kanu.
The court also declared his extradition unlawful. It held that the rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is a signatory to and a breach of the Appellant’s fundamental human rights.
But in its reaction on Thursday night, the Federal Government, through the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), contended that Kanu was merely discharged by the appellate court and not acquitted.
“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 border on rendition.
“Let it be made clear to the general public that other issues that predate rendition based on 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 the determination of pre-rendition issues”, Dr Umar Jibrilu Gwandu, Special Assistant to the AGF said in a statement.
Reacting during a Channels Television interview, Ozekhome, who is the counsel to Nnamdi Kanu, said the remaining counts, which the Federal High Court, Abuja, retained were set aside.
“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”, Ozekhome said.
He urged the federal 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.
“My take on it is that it will amount to persecution and no longer prosecution”, he said, adding that he was still ready for any legal confrontation from FG’s lawyer.
Ozekhome hinted that when he gets the Certified True Copies of the judgement, he will serve it on the AGF and the Department of States Service, asking for his release by Friday.
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