News Release: "Kanu Was Only Discharged And Not Acquitted"-Nigeria's Attorney-general
Public Information Projects
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Okey Iheduru
Court delivers judgment
Delivering judgment in the appeal on Thursday, the appellate court declared as illegal and unlawful, the abduction of Kanu from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
It further held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charges against him incompetent and unlawful.
Justice Oludotun Adefope-Okojie voided and set aside the charges by the Federal Government against Kanu and also discharged him from the alleged offences.
Adefope-Okojie held that the failure of Nigeria to follow due process by way of extradition was fatal to the charges against Kanu.
The Appeal Court also held that the failure of the Federal Government to disclose where and when the alleged offences were committed was also fatal to the terrorism charges and made them liable to dismissal.
The Appellate Court said that the Federal Government having flagrantly breached the fundamental rights of Kanu lost the legal right to put him on trial.
The court held that laws are meant to be obeyed and that the Federal Government has no reason to have taken laws into her own hand in the illegal and unlawful way the matter of Kanu was handled.
Adefope-Okojie held that the failure of Nigeria to follow due process by way of the extradition process as prescribed by law was fatal to the charges against Kanu.
“By engaging in utter unlawful and illegal act and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hand and must be called to order.
“With appalling disregard for local and international laws, the Federal Government has lost the right to put the appellant on trial for any offence.
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following the due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international so as to avoid anarchy”, the judge declared.
Before Kanu filed the appeal against his trial, Justice Binta Nyako of the Federal High Court had dismissed the IPOB’s leader’s claim that the federal government illegally repatriated him from Kenya to Nigeria without following a formal extradition procedure.
In her ruling, Nyako held that his repatriation to Nigeria could not be said to be illegal when there was a “surviving bench warrant” for the IPOB leader’s arrest.
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Chidi Anthony Opara, FIIM, CDOA
Malami and his legal team have always been an embarrassment; a bunch of affirmative-action lawyers and/or SANs that raise questions about the university that gave them their law degrees. It also appears Malami can't read anything in English. Below is an excerpt from the Punch newspaper of October 13th, 2022.
Court delivers judgment
Delivering judgment in the appeal on Thursday, the appellate court declared as illegal and unlawful, the abduction of Kanu from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
It further held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charges against him incompetent and unlawful.
Justice Oludotun Adefope-Okojie voided and set aside the charges by the Federal Government against Kanu and also discharged him from the alleged offences.
Adefope-Okojie held that the failure of Nigeria to follow due process by way of extradition was fatal to the charges against Kanu.
The Appeal Court also held that the failure of the Federal Government to disclose where and when the alleged offences were committed was also fatal to the terrorism charges and made them liable to dismissal.
The Appellate Court said that the Federal Government having flagrantly breached the fundamental rights of Kanu lost the legal right to put him on trial.
The court held that laws are meant to be obeyed and that the Federal Government has no reason to have taken laws into her own hand in the illegal and unlawful way the matter of Kanu was handled.
Adefope-Okojie held that the failure of Nigeria to follow due process by way of the extradition process as prescribed by law was fatal to the charges against Kanu.
“By engaging in utter unlawful and illegal act and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hand and must be called to order.
“With appalling disregard for local and international laws, the Federal Government has lost the right to put the appellant on trial for any offence.
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following the due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international so as to avoid anarchy”, the judge declared.
Before Kanu filed the appeal against his trial, Justice Binta Nyako of the Federal High Court had dismissed the IPOB’s leader’s claim that the federal government illegally repatriated him from Kenya to Nigeria without following a formal extradition procedure.
In her ruling, Nyako held that his repatriation to Nigeria could not be said to be illegal when there was a “surviving bench warrant” for the IPOB leader’s arrest.
On Thu, Oct 13, 2022 at 6:02 PM Public Information Projects <publicinformationprojects@gmail.com> wrote:
Link: http://www.publicinfoprojectsblog.org/2022/10/news-release-kanu-was-only-discharged.html?m=1
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--Okey C. Ihedurue-mail: okeyi...@gmail.com
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Listserv moderated by Toyin Falola, University of Texas at Austin
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Chidi Anthony Opara is a Poet, IIM Professional Fellow, MIT Chief Data Officer Ambassador and Founder/Publisher of, www.publicinformationprojects.org)