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BIAFRA: KANU’S PROSECUTION CAN’T PROCEED WITHOUT FG SHOWING HE WAS LEGALLY EXTRADITED — COUNSEL

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•Family demands clarification over his rendition

•I’ll not tolerate smear campaign against IPOB —Kanu

Aloy Ejimakor, Special Counsel to detained leader of Indigenous People of Biafra, IPOB, Nnamdi Kanu, , yesterday, said the federal government cannot prosecute the leader of  IPOB until it convinces the Nigerian courts and Britain that he was legally extradited to Nigeria.

He said both Nigerian law  and international charters to which Nigeria is a signatory, forbids kidnapping of persons by the government. He said in the case of Nnamdi Kanu, the Nigerian government has not disputed Nnamdi Kanu’s claim that he was abducted in Kenya, tortured and brought to Nigeria in chains.

According to Ejimakor, “Nigeria must first explain to her domestic courts and the international community, particularly Britain, how Kanu ended up in Nigeria in chains. This is but a basic condition precedent without which prosecution of Nnamdi Kanu cannot ensue.”

Part of Ejimakor’s statement read: “Following the sudden appearance of Mazi Nnamdi Kanu in a Federal High Court in Abuja on 29th June, 2021, the Attorney-General of Nigeria (Abubakar Malami, SAN), at a press conference on the same date, stated that Kanu was “intercepted through the collaborative efforts of Nigerian intelligence and security services”. He added that “recent steps taken by the Federal Government saw to the interception of the fugitive Kanu on Sunday the 27th day of June 2021.

“Beyond this bland use of the word ‘interception’, neither the Attorney-General, nor any other Nigerian official has explained how and where this infamous interception occurred or whether it occurred under the pertinent legal framework or not. From published accounts, all efforts by the media (domestic and international) to elicit details of this interception have met a stubborn official silence. And it appears that the same is true with myriad diplomatic inquiries issued to Nigeria from the international community, notably from the United Kingdom and United Nations.

“Conversely, Nnamdi Kanu had, in various sworn statements, given credible accounts and details that prove that the so-called interception is simply that he was officially kidnapped, disappeared, tortured in Kenya, and extraordinarily renditioned to Nigeria.

“During the hearing of Kanu’s fundamental rights suit in Abia State (which he won), the Nigerian government could not explain how Kanu ended up in Nigeria, thus confirming that Kanu was not extradited but illegally renditioned. If Kanu was extradited, the Nigerian government would have been very forthright with it, especially given the insurmountable prosecutorial barrier that comes with extraordinary rendition.”

The statement further read: “It is therefore instructive that, to date, the Nigerian government has neither – in court or public – contradicted Kanu’s accounts, nor offered any alternative account that may suggest that Kanu’s return to Nigeria was secured through some due process of law. On its part, the Kenyan Government has, in the public and in processes filed in court, vehemently denied that Kanu was subjected to any extradition (or even deportation) proceedings in Kenya; and Nigeria has deadpanned to Kenya’s self-righteous denials.

“In view of the foregoing, there are several questions and answers well-meaning Nigerians and the international community must demand from Nigeria. These questions and answers are very crucial, because under the domestic and international legal order, Nigeria cannot properly levy its sovereign rights of criminal prosecution against Kanu without first proving that the act of transferring Kanu from Kenya to Nigeria conformed to the basic tenets of the law – municipal and international, including particularly treaties to which Nigeria is subject.

“A lot of people might not be aware but there’s a Nigerian law, enacted by the National Assembly in 1983, known as the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act. You can see this Law at CAP A9, Laws of Federation of Nigeria, 2004. Article 12(4) of this Law provides that “A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

“To be sure, Nnamdi Kanu, a non-national of Kenya, was legally admitted to Kenya on 5th May, 2021 and then expelled or was transferred from Kenya to Nigeria on 27th June, 2021 without ‘a decision taken in accordance with the law’. Both Nigeria and Kenya are state parties to the parent African Charter that grandfathered the similar law Nigeria later domesticated into its municipal laws.

“In view of the foregoing, it is trite that a renditioned fugitive suspect cannot be subjected to trial. Thus, Mazi Nnamdi Kanu should be restitutioned or restored to the status quo, whether to Kenya or Britain, at his option. It is inherently contradictory to postulate that a renditioned suspect will get a fair trial from the jurisdiction that renditioned him,” Ejimakor said.

Kanu’s family demands clarification over his rendition

Similarly, the family of the detained IPOB leader yesterday demanded clarifications on how he was renditioned from Kenya to Nigeria.

Kanu’s family said that the federal government had failed to produce clarifications on how their son was renditioned to Nigeria.

The family which kicked against long court adjournments of his trial, threatened that if the Court failed to adhere to constitutional Law, they would be compelled to “invoke the Prima Facie  evidence against the federal government.”

This was contained in a press release signed by Mazi Kanunta Kanu, younger brother to Nnamdi Kanu and made available to Vanguard.

The embittered family lamented that “President Muhammadu Buhari-led administration has bluntly failed to proffer clarifications on the processes deployed in renditioning the freedom fighter.

“We want to know the exact location from where our brother was intercepted”, the family demanded.

Kanu’s family insisted that “the action of the federal government amounts to illegality and you cannot put illegality on illegality and expect it to stand.”

The release read in part:“The question we are still asking the federal government of Nigeria is: Why is it that clarification has not been given on how Mazi Nnamdi Kanu was renditioned to Nigeria?

“We want to know, like the federal government said, where was he intercepted from and how come no clarification has been given up until this date?”

The family described Kanu’s trial as “a travesty of justice”,  saying  “What has taken place over his rendition is illegal. You cannot put illegality on illegality.”

The family expressed shock that Kanu’s co-defendants were still standing trial for the same charges already withdrawn by the federal government.

“Mazi Nnamdi Kanu was arrested in 2015 on seven-count charge. Those charges have been expunged and his co-defendants are still answering those previous charges.

“So, what happened to those previous charges in which he was detained for?

“Now, the federal government in their usual style amended Mazi Nnamdi Kanu’s charges; they came back with fifteen amended charges against him.

“Up until this moment, there is no single evidence before the Court. Why are they  so desperate to crucify Nnamdi Kanu even when there is no evidence before the Court?

“We may have to invoke the prima facie evidence before trial. However, we are worried with long adjournments taking place in Binta Nyako’s Court over   Nnamdi Kanu case. This delay tactics must stop”.

I’ll not tolerate smear campaign against IPOB—Kanu

Meantime, Nnamdi Kanu, yesterday, said he would no longer tolerate a smear campaign against IPOB and the legal team.

The IPOB lead Counsel, Ifeanyi Ejiofor, disclosed this in a statement to newsmen in Owerri after they had visited Kanu at the detention facility of the Department of State Services, DSS, in Abuja, last Monday.

Kanu said those behind the smear campaign should be seen as traitors.

Ejiofor while quoting Kanu said: “Consistent with the subsisting order of the court, we, paid our routine visit on Onyendu Mazi Nnamdi Kanu. We availed ourselves of the opportunity afforded by the visit to brief Onyendu on several issues.

“Firstly, we acquainted him with the level of preparedness for the preliminary skirmishes that will take place in court in the criminal charge preferred against him. As you all know, proceedings in the criminal charge will resume on the 16th instant.

“Secondly, we briefed him on the smear campaign orchestrated against my good self by traitors and desperate enemies of the struggle, aimed at causing disharmony within the fold and needlessly generating ill feelings.

“Onyendu was thoroughly ashamed by the utter infantile mendacity inherent in the smear campaign and the unimpressive, unintelligent, wobbling, and poorly thought out strategy that informed the whole endeavour. He advised that I should quickly ignore and consign the half-hearted attempt of such a despicable lot to the garbage bin and resist every attempt by them to distract me. He was not at all rattled or perturbed by the news of the smear campaign but rather re-emphasised the unshaken trust and confidence he has always reposed in me.”

VANGUARD

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1 Comment

1 Comment

  1. _great_cee

    February 9, 2022 at 9:54 pm

    Federal government and Nigeriand should just end this case

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PETER OBI RAISES ALARM OVER ARREST OF ‘OBIDIENTS’ BY SECURITY AGENTS

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Presidential candidate of the Labour Party, LP, Peter Obi has claimed that security agents are ‘silently arresting’ his Obidients supporters.

Obi made this allegation in a series of tweets via his verified Twitter handle on Tuesday.

His words, “Recent reports of OBIdients being silently arrested by some security agents is extremely disturbing and condemnable. We must ensure that everyone is given a level playing field in the forthcoming elections, and that no eligible Nigerian, irrespective of ethnicity, religion or political affiliation is disenfranchised, more so through violence and intimidation.

“Elections are not deemed free and fair when a certain group employs the tool of intimidation to ensure that the opposition is silenced, both at the campaigns and at the polls.

“Peaceful assembly and unfettered electioneering campaigns are constitutionally guaranteed. Both and other ordered liberties cannot be breached wilfully by security agents,” he said.

Obi, however, called on the Federal and State agencies to remind their operatives on the need to respect civil liberties.

Recall that supporters of Obi had also raised the alarm over alleged intimidation by the officials of security agencies at the Lagos4ObiDatti during the weekend (Saturday).

A member of Peter Obi Central Coordinators, F S Yusuf, whow made the claim in a tweet via his Twitter handle, stated that Peter Obi’s supporters are being harassed at the Murtala Muhammed International Airport 1.

His tweet reads, “Reports reaching me Joseph Onuorah @BigJoeOfLagos an #Obidient and a part of the Lagos ObiDatti Rally is being held by the DSS/Immigration at the MMA1 upon his arrival from France. He was flagged on the “Stop List”. We call on the authorities to respect his rights……”

A coalition of support groups, Lagos4ObiDatti, backing Peter Obi in 2023, had earlier announced plans to hold its Lagos 4-million-man march for ObiDatti.

Addressing newsmen in Lagos, the Lagos4ObiDatti Central Organizing Committee said the march will take place across three major locations on October 1, 2022.

The group, however, denounced any attempt to link the Lagos Obidient Rally to the 2020 #EndSars Movement.

Speaking on the Lagos4ObiDatti rally, chairman of the Publicity and Media Committee, Christopher Ademuyiwa, had stated that the march would hold simultaneously in three different locations in the Lagos metropolis, namely Admiralty gate Lekki Phase 1; Archbishop Vining Memorial Church, GRA, Ikeja; and at FHA field on 23 road Festac.

Ademuyiwa said: “This march is more like a carnival, and the Obidients in Lagos are gearing up in large numbers to show their support for the Peter Obi and Yusuf Datti Baba-Ahmed presidential ticket.

“Also, plans have been made to have buses transport Obidients to and from their locations, and the bus pickup points will be released on social media.

“Our march is legal and constitutional, it is within the electoral time frame and calendar released by INEC and all security agencies have been duly and formally informed using the appropriate means.

“The police, NSCDC, road safety and DSS will be on ground to provide security as we march,” Ademuyiwa had said.

Meanwhile, Peter Obi Grassroots Mobilization group had, ahead of the rally, stated that, as advised by our legal team, all the support groups for Peter Obi will comply with the Court Order and directives contained therein as it relates to Lekki Toll Gate.

“We will not deviate from the planned routes as judiciously Ordered. We urge every OBIDIENTS to comply,” the group stated in a post via its Twitter handle on Saturday.

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BUHARI’S INDEPENDENCE BROADCAST EMBARRASSING, SAY NIGERIANS

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Nigeria Coat of Arm

Nigerians, from different quarters, have described President Muhammadu Buhari’s national broadcast on the occasion of the 62nd independence anniversary, as a national embarrassment.

It could be recalled that during this year’s independence national broadcast, Buhari was quoted as saying: “The annals of Nigerian’s history was no longer a household secret as I failed and later succeeded in my attempts to become the country’s president.

“I am honoured to say my election as a democratic president in 2015 was made positive by the majority of Nigerians.

“When you elected me, I acknowledged that the tasks before me were daunting, but surmountable, because of growing national consensus that our chosen path to national development was democracy.”

Many Nigerians have, therefore, ciriticised the president as the democracy he referred to in his speech has been bastardised by the present All Progressives Congress (APC) led government by failing to meet the yearnings and aspirations of Nigerians.

Commenting on reactions to Buhari’s independence broadcast, a Dutse, Jigawa State-based social critic, Mahmud Tahir, said that the blame for the socio-political and economic woes of the country should not be borne by the president alone.

He added that his cabals, the state governors, and members of the National Assembly, among others, must share in the leadership failure of the country.

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FG WARNS AGAINST FAKE NIGERIA AIR RECRUITMENT WEBSITE

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The Management of Nigeria Air Limited on Tuesday described the website and links used for recruitment advertisements and announcements by unscrupulous members of the public claiming to be agents or staff of Nigeria Air as ‘fake.’

In a statement, the Special Assistant (Public Affairs) to the Minister of Aviation, James Odaudu, advised Nigerians to disregard such notifications or invitations as nothing of such exercise is currently ongoing.

He, however, advised those who applied for the earlier officially advertised positions to get authenticated information from the official website: www.nigeriaair.world.

The statement read,” The attention of the Management of Nigeria Air Limited has been drawn to some recruitment advertisements and announcements by certain unscrupulous elements claiming to be agents or staff of the upcoming airline.

“The so-called agents have created a host of fake websites and links supposedly for the submission of applications by unsuspecting members of the public.

“We wish to inform the general public, especially those who have applied for the earlier officially advertised positions, that no recruitment interviews or tests have been scheduled. All such announcements or invitations for such should be disregarded as they are the handiwork of fraudsters and scammers.

“For the avoidance of doubt, the official website is www.nigeriaair.world, and only those pre-qualified as meeting the B737 requirements will be contacted by the management of Nigeria Air Limited individually, and certainly not by public announcements.

“All those concerned are therefore advised to ignore such announcements or invitations, as responding to, or dealing with them in any way, will be at their own risk.

“Management appreciates the unprecedented level of interest shown by Nigerians in the airline which has resulted in the receipt of over 20,000 applications for positions in the organisation so far and wishes to state that the recruitment process for other positions will begin in due course.”

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