Will Nnamdi Kanu Ever Get a Fair Trial?

By Eric Elezuo

The hopes of not a few Nigerians were dashed on Friday when the Supreme Court upheld the appeal of the Federal Government of Nigeria challenging the Court of Appeal’s decision, which ordered Nnamdi Kanu’s release.

By the decision of the apex court, the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, is to remain in detention, casting shadows of doubt if ever the freedom fighter for the actualization of the sovereignty of Biafra, would get justice.

The apex court ordered him to return to the Federal High Court, Abuja, to face his seven-count of terrorism.

The apex court in October fixed the date after counsel for both the federal government and the detained IPOB leader adopted their final briefs of argument.

The Supreme Court held that the court of appeal was wrong and that the trial court couldn’t try him because the prosecution violated his rights.

In the judgment prepared by Justice Garba Mohammed, and read by Justice Emmanuel Agim, the court condemned the invasion of Kanu’s residence, declaring it irresponsible.

The court held however, that there is no law in the country stopping a trial based on the violation of the rights of a suspect.

Mohammed said, “If the police should destroy the house of a suspect to obtain exhibits, should that diverse the court against entertaining the offence?

“His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.

“We decided not to go with the court of appeal. Though we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.

“No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.

“The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed.”

Chief Mike Ozehkome SAN, who argued for Kanu, prayed the appeal prayed the court to not only order the immediate release of his client from detention but to equally award very heavy and punitive costs against the Federal Government.

In his submission, however, counsel to the federal government, Tijani Gazzali, urged the apex court to uphold the amended brief of argument he filed on May 3, 2023.

Gazzali further urged the apex court to dismiss Kanu’s cross-appeal.

On October 13, 2022, the Court of Appeal Abuja delivered a judgement ordering Kanu’s release from detention.

The court ruled that he was abducted, ill-treated, and “illegally moved” from Kenya to Nigeria to face treason and terrorism charges.

The judges dismissed the criminal case but Nigerian prosecutors have appealed and Kanu, who is in his mid-50s, remains in custody.

Kanu, a former London estate agent who also runs the outlawed Radio Biafra station, was first arrested in 2015 by the former President Muhammadu Buhari administration, but jumped bail two years later in September, 2017, after his home, Afara Ukwu was invaded by the Nigerian Army, in an operation tagged, Python Dance. He reappeared in the UK and Israel much later after tongues have wagged endlessly regarding his whereabouts.

The Nigerian government had banned IPOB as a terrorist organisation, accusing it of stoking ethnic tensions by claiming genocide against Igbo. The ban was however, reversed by a competent court of law.

Kanu was re-arrested in Kenya, and clandestinely brought back to Nigeria in June 2021.

He was arraigned before the Federal High Court in Abuja on four charges of treasonable felony, conspiracy to commit treasonable felony, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari.

The charges were later withdrawn by the former Attorney General of the Federation, Abubakar Malami, SAN, who replaced them with a fresh 14-count charge bordering on terrorism and membership of a proscribed group, among others.

After a dilly dally game between the Federal government and court, the charges were further reduced to seven.

But on October 13, 2022, the Court of Appeal sitting in Abuja, held that how Kanu was renditioned to the country violated the country’s extradition treaty and was also a breach of his fundamental human rights, after the IPOB leader the petitioned the court against his arrest.

The appellate court also struck out the terrorism charges filed against Kanu by the Nigerian government and ordered his immediate release from the DSS facility.

The FG, through the office of the Attorney-General of the Federation, failed to adhere to the orders of the court, but appealed the court ruling and subsequently obtained an order staying the execution of the court judgement at the Supreme Court.

Kanu, through his lawyers, filed an appeal against the stay of execution order at the apex court on November 3, 2022.

Displeased by the verdict of the appellate court, the FG filed an appeal at the Supreme Court, culminating in the judgment of Friday, December 14, 2023.

It is believed that the continuous incarceration of Nnamdi Kanu, is the root cause of the sporadic and pockets of violence in the South East region, with an illegal sit-at-home order given every Monday in the entire region in the last five years or thereabouts. This order has, according to economists, decimated the hitherto booming economy of the region.

Though dozens have been killed in the ensuing violence over the continuous detention of Kanu, the IPOB has consistently denied involvement.

Meanwhile, rhe Movement for the Actualization of the Sovereign State of Biafra (MASSOB), a sister arm of the struggle for Biafra, has described the Supreme Court judgement against Nnamdi Kanu as an open rape of justice and rule of law.

MASSOB said the Supreme Court failed to uphold the integrity of the judiciary battered during the presidential election.

In a statement signed by its leader, Uchenna Madu, MASSOB said: “This is an open rape of justice and rule of law. Mazi Nnamdi Kanu was earlier discharged by the Nigerian Federal High Court and Appeal Court. It was expected that the apex court would uphold the integrity of the Nigerian judiciary, but it woefully and sadly failed to redeem the battered image of the Nigerian judiciary, which was messed up during the presidential election cases.

“The people of Biafra and Nigeria have deepened their lost hope in the Nigerian judiciary. Nnamdi Kanu was kidnapped in Kenya and extradited illegally by Nigeria. The latest judicial prosecution of Ndigbo in Nigeria will never soften or demoralise our unshakable and indomitable spirits for Biafra’s actualisation and restoration.”

Also condemning the judgment was the members of the family of Nnamdi Kanu, have rejected the Supreme Court’s verdict on his terrorism case.

Kanu’s younger brother, Emma, told journalists that the court verdict was unfortunate.

He said no family member is happy about the verdict.

He said, “It is extremely unfortunate that the Supreme Court could come up with such a  judgment.

“This case began from the Federal High Court which of course lacked the jurisdiction to try  Nnamdi Kanu from here, through High Court  to the Appeal Court that discharged and acquitted him and then a stay of execution was filed against Mazi Nnamdi Kanu and it was granted on civil proceedings which is very wrong. Legally, it is wrong. But it was granted.

“I believe, there is no due diligence in this case and for those who have been handling the matter before now, there was no due diligence.

“Now taking the case back again and having acknowledged in the court today by the judge that delivered this judgment that the way and manner Mazi Nnamdi Kanu was brought back to Nigeria was illegal. He agreed with the Appeal Court that it was extra-ordinary rendition. He said  the invasion of his house was also illegal and that the security agents acted irresponsibly.

“He said also that the revocation of Mazi Nnamdi Kanu’s bail was wrong and that it shouldn’t have happened in the first place, but he concluded by saying that the appeal by the Federal Government was granted, while the cross-appeal was not allowed, referring the case to square one, that is where we came from, which is the Federal High Court Abuja.

“Bearing in mind that some of the charges have been quashed, which all know was the truth, where are they going to start from? Of course, what is left is a bailable offence which Nnamdi Kanu never committed.

“So, I am yet to understand what is actually playing out, but I can assure that we are not happy and nobody is happy.”

The struggle for the state of Biafra is a follow-up of the civil war fought between 1967 and 1970 between the Nigeria Forces and Biafran soldiers led by Chukwuemeka Odimegwu Ojukwu. Though Biafra lost the 30 months war in which about one million persons, mostly of Igbo extraction were killed, and though Ojukwu is long dead, the echos have continued to reverberate, causing chain reactions in the Nigerian body polity.

A cross section of respondents, told The Boss that it will be difficult for Nnamdi Kanu to ever get justice or fair trial in the Nigerian system as presently constituted.