The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, has reacted to the request of the governor of Anambra State, Charles Soludo to stand surety for Nnamdi Kanu, the leader Indigenous people of Biafra (IPOB).
Mr. Kanu has led a separatist campaign for the independent state of Biafra.
According to Mr. Kanu, the Republic of Biafran will include people of Igbo descent from South-East Nigeria and some parts of South-South countries.
The IPOB leader was first arrested by Nigerian spy agents in 2015 in Lagos, South-west Nigeria.
Mr. Kanu’s trial on terrorism and treason charges has been dismissed by the Court of Appeal in Abuja.
An appeals court on October 13 said that Mr. Kanu’s extraordinary rendition to Nigeria from Kenya last June was a clear violation of Nigeria’s extradition treaty and also a violation of human rights. The government’s action, the court said, was not judicial.
The court ordered his release from the custody of the Nigerian secret police, State Security Service (SSS).
But Mr Kanu remains in custody while the federal government pursues an appeal at the Supreme Court in a bid to have the charges reinstated.
However, there have been calls from various quarters for the release of the IPOB leader.
Governor Soludo joined the list calling for the release of Mr. Kanu during the presidential campaign of the All Progressives Grand Alliance (APGA) in Awka, Anambra State on January 15.
Mr. Soludo said that if Mr. Kanu cannot be released unconditionally by the Nigerian government, the IPOB leader must be released.
The request of Anambra governor is not before the federal government
In an exclusive interview with PREMIUM TIMES on Wednesday, the Attorney General said he did not accept Mr. Soludo’s request.
“None of these requests have been formally filed before the federal government or the court process.
“As of today, January 18, 2023, I have not received any application arising from the public statement made by the governor of Anambra State (Chukwuma Soludo), through the judicial process or given to me as the Attorney General. Federation (AGF),” said Malami.
Mr Malami, a Senior Advocate of Nigeria (SAN), explained that “when there is an issue pending before the courts, the correct channel to get a plea or concession to be considered is through the court process.”
He added that the new call for Mr. Kanu’s release “has not been formally requested for the Attorney General’s consideration.”
The background
Mr Kanu faced terrorism charges before Binta Nyako of the Federal High Court in Abuja and was granted bail in 2017.
But the Nigerian Army on September 14, 2017 attacked the home of IPOB leader Afara-Ukwu near Umuahia, Abia State in which 18 civilians were killed, Mike Ozekhome, Mr. Kanu’s lawyer, said during the court session.
Because of the invasion, Mr. Kanu fled the country, prompting Nyako, a court judge, to issue an arrest warrant for the IPOB leader.
One of Mr. Kanu’s lawyers, Alloy Ejimakor, described the IPOB leader’s escape during the invasion as a “rule of self-preservation.”
But Nyako revoked Mr. Kanu’s bail for neglecting his trial, and ordered that his trial be separated from the other defendants.
While the trial of the other defendants has progressed, Mr. Kanu has been suspended since 2017.
READ ALSO: ‘I will be surety’, Soludo calls on Nigerian government to release Nnamdi Kanu
After almost four years abroad, on June 29, 2021, Mr. Malami in company with the Inspector General of Police, Usman Baba and SSS officials announced the arrest and repatriation of Mr. Kanu from Kenya to Nigeria.
He was later retried before Nyako on 15 counts of terrorism and indictable crimes, but the judge, in April 2021, dropped eight of the charges after IPOB leaders challenged their validity.
The separatist leader went to the Court of Appeal seeking to overturn the remaining seven counts.
In a unanimous judgment last October, a panel of the Court of Appeal said that the Nigerian government violated local and international law in the forced rendition of Mr. Kanu to Nigeria.
He said the illegal repatriation of the IPOB leader to Nigeria rendered the terrorism charge against him incompetent and illegitimate.
Mr. Kanu who was brought back to Nigeria last year was detained by the SSS at a facility in Abuja, the capital of Nigeria.
The Supreme Court of Nigeria has not set a date for the hearing of the federal government challenging the Court of Appeal decision ordering the release of the IPOB leader.
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