By Eric Elezuo

A lot has been said in the media space concerning the relationship between the incarceration of the acclaimed leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu and the loss of economic peace in the South East region of the country occasioned by the sit-at-home order constantly issued by protesting ‘members’ of IPOB, and violently enforced, on one hand, and the complicit nature of the Federal government in the brouhaha that continues to ravage the South East, on the other hand. This raises the question of why is Nnamdi Kanu still incarcerated? Who is responsible for his incarceration and release?

A cross section of respondents has said that the continuous detention of Kanu is at the beehive of the President, who represents the Federal Government, arguing that the government has no right to continue to flout court orders. It is therefore, on the table of President Bola Tinubu to as a matter of urgency, as Kanu’s counsel, Mike Ozekhome, had intoned, to release him. Every court where the IPOB leader has been taken so far has not found him culpable to any crime as charged.

Kanu has insisted just like many like minds and stakeholders that the request for self determination is not an offence in law, and as such no crime has been committed in his actions. He has told as many that cares to listen that the demand for self determination is as a result of the marginalisation of the South Easterners in the scheme of things, and that what he was doing with the South East struggle will never had happened if attention is and had been given the the region in consonance to its peculiarity. He toed the line of a former Presidential Aspirant, Chief Dele Momodu, who canvassed that the region should be developed into the Silicon Valley of Africa and a Technology Hub.

“I read something that my good friend and dear brother, Dele Momodu wrote. He said the Igbo are as brilliant as the Chinese, Koreans, Indians put together. Why are Igbo denied key positions in Nigeria? If you don’t trust them, and they said they want to go, why are then stopping them. I don’t believe in Nigeria, but if I had any belief or the viability of the zoo, these are the kind of people that should be the president of Nigeria because of their policies. It’s not where somebody comes from, but their policies. Even the so called minions, the wretched Fulani slaves in government houses in the East, running for presidency or vice as you say have ever said this before. RThat they are going to turn the East into a hub of technological advancement, the Silicon Valley of Africa; no they can’t say it, because if they say it, the Fulani will bring their cow. Do you understand it now? I don’t believe in the zoo; had I had any belief in the zoo, this is the type of man I would have voted for to become the president of the zoo. It is your policies that matter. It is better for me. Or do you think that had previous administrations turned the East into the technological hub it is by nature, do you think we will be doing what we are doing? Instead they are tell us you are traders. ‘Igbo are good, good traders…Ibibio people are good at being houseboys…those from the coastal region are good at looking for and drying fish (Laughs). We were never given our dues at home. It doesn’t matter who you are or where you come from; your policies are the things that matter, and so far the only person who has ever made any kind of sense to me is Dele Momodu. This is how you discuss people,” Kanu had said in one of his broadcasts, reiterating that the South East has not been fully utilized.

The agitation for Biafra is just an aftermath of intimidation, failed promises and relegation of the people of South East, according to Kanu, and there would never have been an agitation if the right status have been accorded the region by successive governments. The bulk therefore, rest on Tinubu to call the shots and let Kanu off the DSS grip.

An observer had noted that refusal to let Kanu off the hook is a clear indication that the Nigerian government, first Buhari, and now, Tinubu, is in love with the loss of economic glory in the region as well as the spate of insecurity ongoing. The region has not voted for the last two administrations of Buhari and Tinubu, and the outcome has visibly reflected in the shoddy treatment suffered so far, and that is what Kanu is fighting against.

In October, 2022, the Appeal Court in Abuja discharged and acquired Nnamdi Kanu of terrorism charges for which he has been held in Department of State Service (DSS) custody close to two years since he was renditioned by the former President Muhammadu Buhari administration in June 2021. Kanu had approached the Appeal Court seeking to quash terrorism charges brought against him by the Federal Government.

In his petition, Kanu had faulted the order of Justice Binta Nyako of a Federal High Court, Abuja, which ordered him to answer seven out of the 15-count terrorism charge against him. He had prayed the appellate court to quash the entire charges and set him free on various grounds, arguing that the purported offences were not committed in Nigeria.

In a tweet celebrating the court victory, Kanu’s lead counsel, Ifeanyi Ejiofor, praised the Justice Hanatu Sankey-led 3-man panel of Justices. Ejiofor wrote: “Appeal allowed, MNk discharged and acquitted.

“Appeal allowed , Onyendu Mazi Nnamdi KANU, discharged and acquitted. We have won! Victory victory victory victory.”

But the Federal Government refused to obey order, and instead rushed to file an amended seven-count terrorism charge against him. The IPOB leader was re-arraigned on an amended 15-count charge. But on April 8, the trial court struck out eight of the 15 counts in the charge. The remaining seven counts were later quashed by the Court of Appeal on October 13.

Delivering judgment in the appeal, the three-member panel of the appellate court led by Hanatu Sankey held that the federal government flouted the Terrorism Act in violation of international conventions and treaties, hence, breaching the rights of the respondent. The court further held that having illegally and forcefully renditioned the appellant, the trial court is stripped of jurisdiction to continue to try Kanu.

But many months after, the Federal Government is yet to release the IPOB leader. Instead, it filed an appeal before the Supreme Court to challenge the appeal court judgment. It also filed an application seeking to stay the execution of the appellate court’s judgment.

While Buhari dilly dallied over the release, the new administration of Bola Ahmed Tinubu has remained mum on the matter even as entreaties are being made suggesting that his release will quell the uneasiness in the South East region.

While the Federal Government’s appeal and a cross-appeal by Kanu is pending before the Supreme Court, the Federal Government has gone back to the trial court to file an amended charge marked FHC/ABJ/CR/383/2015.

The allegations contained in the amended charge are the remaining seven counts earlier sustained by the trial court.

According to the charge, Kanu made a broadcast that was heard across Nigeria, in which he issued a threat that anyone who flouted a sit-at-home order in the south-east, should write his or her will.

The Federal Government submitted that as a result of the threat, banks, schools, markets, shopping malls, and petrol stations in the south-east have continued to shut down their businesses, with citizens and vehicular movements grounded.

The Federal Government further alleged that Kanu’s broadcasts made on different dates between 2018 and 2021, incited members of the public to attack Nigerian security personnel and their family members, thereby committing an offence punishable under section 1(2)(h) of the Terrorism Prevention Amendment Act, 2013.

It also alleged that Kanu directed members of IPOB “to manufacture bombs”, adding that the defendant had between March and April 2015, “imported into Nigeria and kept in Ubulisiuzor in Ihiala LGA of Anambra state within the jurisdiction of this honourable court, a radio transmitter known as Tram 50L concealed in a container of used household items which you declared as used household items, and you thereby committed an offence contrary to section 47(2)(a) of Criminal Code Act Cap, C45 Laws of the Federation of Nigeria 2004”.

In the light of the what Kanu means for and to the Region, human rights and constitutional lawyer, Mike Ozekhome SAN, once called on President Muhammadu Buhari to as a matter of urgency release him.

Ozekhome made the call in a 43-page letter, addressed to Buhari, citing reasons, and accusing the Federal government of culpability in the trials of the IPOB leader

It is also on record that an Abia State High Court sitting in Umuahia awarded N1 billion damage in favour of the detained IPOB leader against the Federal Government through an order given by the presiding Judge, Justice Benson Anya.

Kanu, through his lawyer, Aloy Ejimakor had approached the court seeking N5 billion damage against the Federal Government over the alleged invasion of his father’s house on September 10, 2017 by the military.

Justice Anya described the invasion of Kanu’s Afaraukwu residence as notorious and brazen.

The presiding judge also granted the relief sought by Kanu’s legal team, ordering the Federal Government to issue a public apology in three national dailies over the illegal invasion of Kanu’s Afaraukwu residence. He also advised the Federal government to adopt a political resolution in dealing with issues involving Kanu.

Across many reports, it has been established that “Kanu, who had been on the run before his arrest, has been sort of an enigma since he jumped bail, creating a personality cult so strong that his tweets elicited mass sit-outs in the southeast.”

It must be noted that every Monday, in addition to everyday Kanu appears in court has been designated as compulsory public holidays in the Southeast, and no pronouncement of the five sitting governors of the region has made any significant effect to the contrary. That is how feared the IPOB has come to be.

But recently, the sit-at-home order has become more criminal than a protest now as the exercise goes for as an upward of one week and counting. Kanu and his IPOB group has denied being behind the new trend which a renegade group led by one Simon Ikpa controls from his base in Finland.

Many respondents believe that the IPOB cause has been hijacked, and no longer serving the purpose other than a guerilla and killing machine against those who runs foul of their draconian directives.

However, after a lengthy live Instagram interview with Dele Momodu in 2020, the veteran journalist concluded of Kanu as follows: “A democratic government must always promote the culture of dialogue. You can’t fix what or who you don’t understand. Kanu is a remarkably brilliant man. Hate him or love him, he knows what he wants and will do or die for it.”

Tinubu has to prove that keeping Kanu incarcerated is not a vendetta mission as Buhari was seen to have done by both his body language, words and actions, and release the IPOB leader immediately.

Even if hate is a factor in the detention of Kanu, Tinubu, as a democrat must respect the rule of law, and free Nnamdi Kanu! It’s a duty he owes Nigerians and himself.