The Council also said that any political solution to the matter would be within the context of the law even as former Senate Minority Leader and Senator representing Abia South, Senator Enyinnaya Abaribe, has said that the judgement would restore peace to the South East zone. Kanu’s Special Counsel, Mr Aloy Ejimakor, on his part faulted the position of the Attorney General which he described as flatly wrong and perverse.
The Security Council presided over by President Muhammadu Buhari at the Presidential Villa, Abuja said Mazi Nnamdi Kanu had only been discharged by the Appeal Court and that the government will explore necessary actions available to it to press on with the matter.
Briefing State House correspondents at the end of the security meeting, the Minister of Police Affairs, Mohammed Dingyadi, joined by his Interior Ministry counterpart, Ogbeni Rauf Aregbesola and the Chief of Defence Staff (CDS), General Lucky Irabor, said the council did not discuss the issue of a possible political solution to Kanu’s case which Malami had broached in November 2021.
He said the government will consider appropriate actions on the matter and notify the public.
He said the council only discussed the Appeal Court judgement but noted that solutions to this kind of matter can be considered as long as they are not subjudice.
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Nigeria’s Minister of police affairs said, “The issue of Kanu has also been raised and the council was briefed on the state of things on the matter. And it was observed that Kanu was discharged but he is not acquitted so, the government is considering the appropriate action to be taken on the matter and Nigerians will be notified of the position that will be finally taken on the matter in due course”.
Recall that Malami had in a television interview said that the federal government may consider all kinds of solutions, including political ones, to resolve the crisis surrounding separatist agitations in the country.
He was quoted as saying while fielding questions on Kanu and Yoruba separatist agitator, Sunday Igboho, “as far as the security situation is concerned and as far as governance and this administration are concerned, you cannot rule out all possibilities. But then, there has to be an approach for government to consider.”
Peace ‘ll now return to S’East — Sen Abaribe
Meanwhile, the immediate-past Governor of Abia State and senator representing Abia Central, Senator Theodore Orji, has hailed Thursday’s Court of Appeal judgement which discharged the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, of the terrorism charge preferred against him by the Federal Government.
This is as the former Senate Minority Leader and Senator representing Abia South, Senator Enyinnaya Abaribe, has said that the landmark judgement would restore peace to the South East zone.
The duo in their separate reactions to the judgement hailed the court for its courage to deliver the judgement based on prevailing evidence.
They hailed the judgement as “landmark”, and urged the Federal Government to comply with the court decision and release Kanu without further delays.
Senator Orji in a statement by his Liaison Officer, Hon. Ifeanyi Umere, said the judgement would help improve Nigeria’s global image as a country with regard for the rule of law.
Abaribe in an interview with Vanguard pleaded with the Federal Government not to appeal the judgement but fully comply with it in the overall interest of the country.
Senator Abaribe further urged the Federal Government to use the opportunity and resolve agitations ignited by injustice and exclusion in various parts of the country.
His words:”We thank God that justice has been done by the appeal court. Peace will now return to the South-East and the conflict entrepreneurs who have besieged the South-East and made life difficult for our people will be put to shame.
“We implore the Federal Government not to contest the judgement but to seize this opportunity to resolve all the agitations in the South East and other parts of Nigeria due to injustice and marginalization.”
The statement by Senator Orji read in part:” It’s a landmark judgement not only for the Judiciary and Democracy but also for the Rule of Law in Nigeria, positioning the country in a positive light in the comity of Nations and for the sustenance of the Independence of Judiciary.”
We ‘ll hold Buhari on his words — Kanu’s family
On its part, Kanu’s family described the judgement as a “victory for the living and the dead” and urged President Muhammadu Buhari to honour his earlier promise not to interfere with the court proceedings but abide by the court decisions.
Kanu’s younger brother, Prince Emmanuel Kanu who spoke for the family, said the family was not surprised with the landmark judgement “ because we knew that one day it was going to come to an end”.
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Prince Emmanuel in an exclusive chat with Saturday Vanguard said he expected the Federal Government to comply with the judgement.
His words: “The ruling didn’t come to us as a surprise because we knew that one day it was going to come to an end. It’s a victory to all – not just the family but to the entire Biafra nation and their millions of sympathizers. It’s a victory for the living and the dead including our parents who passed on in the course of this struggle. Nigeria should comply because it’s an order by her own court of competent jurisdiction. It’s also in line with the UN Opinion on Human Rights Commission. So, Nigeria has no excuses to disobey her own court besides the UN Opinion”.
Prince Emmanuel Kanu also said he expected President Buhari to simply remember his promise to Igbo delegation and honour his own words.
“I hold Mr President by his own words. Over six months ago when the Igbo delegation met with him, he promised not to meddle in the affairs of the court, promising to allow the rule of law. Now that the rule of law has taken place, I expect him to keep to his words.”
Kanu’s family further noted that full compliance with the court judgement would help to douse the rising tension in the South East.
“My prayer is that the Federal Government should hearken to the judgement and obey it. It will help to bring peace. As soon as he is released, there won’t be any sit-at-home again. Then genuine negotiations will start. Nnamdi Kanu is not asking for too much. He wants justice for the people. He is not the problem that Nigeria has; he is only part of the solution but those in power don’t want to realise this simple truth”.
Kanu’s lawyer faults Malami’s position
Kanu’s Special Counsel, Mr Aloy Ejimakor, has however tackled the Attorney General of the Federation, Abubakar Malami over the AGF’s response that new legal grounds would be explored to nail Kanu.
Ejimakor in a statement, argued that no new charge against Kanu would stand in law as his rendition from Kenya is a total illegality in itself, and Nigeria cannot be made to benefit from an act of illegality.
The statement read in part:”The position of AGF Malami on the Court of Appeal judgment regarding Nnamdi Kanu is flatly wrong and it is perverse to boot.
“If the FG refuses or stalls on releasing Kanu solely because it desires to levy further or new charges, it will amount to a burgeoning holding charge which is impermissible in our jurisprudence.
“Further, no new charges can stick against Kanu because, in the present circumstance, the extraordinary rendition is an abiding factor that has created a permanent barrier to his prosecution.
“Keep in mind that the extant trial of Kanu could never have proceeded had he not been illegally renditioned. So, it is not legally possible to lose jurisdiction in the extant charges and at once obtain jurisdiction in the next round of charges.
“The judgment of the Court of Appeal has therefore, grandfathered a continuing lack of prosecutorial jurisdiction that will, in the interim, be very hard to overcome. Thus, before the levying of any new charges can have a toga of legality or chances of conferring prosecutorial jurisdiction, Kanu has to be released first. Anything to the contrary will be nugatory.”
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Malami pushing Nigeria into international mockery —Intersociety
In its reaction, the International Society for Civil Liberties and Rule of Law, Intersociety, accused the Attorney General of the Federation, Abubakar Malami, of total disregard and disobedience to the judgement of Court of Appeal. Intersociety in a statement issued on Friday by the chairman, Board of Trustees, BoT, of the group, Emeka Umeagbalasi, said that the arrogation of the interpretative power, including “what to obey and what not to obey,” by Malami, “is tyrannical, vexatious and democratically calamitous”, stating that he is pushing Nigeria into international mockery.
The group equally said that the option available to the Attorney General was to obey the court judgement or appeal it within the time frame, adding that Kanu must be set free from the DSS dungeon or be placed under surveillance should Nigeria Government decide to appeal the judgement at the Apex Court.
Part of the statement reads “The Attorney General of the Federation and Justice Minister, Abubakar Malami, SAN is gravely pushing Nigeria into the regional and international abyss of mockery and charlatanism with far-reaching consequences on the country’s socio-economic development, regional and international human rights, rule of law and democracy ratings and trade and investment policies including foreign direct investments (FDI). Intersociety hereby strongly condemns the Nigerian Government’s total disregard and disobedience to the landmark judgment of the Abuja Division of the Court of Appeal quashing the entire criminal trial of Mazi Nnamdi Kanu, a frontline Self Determination Agitator and Leader of the Indigenous People of Biafra.
The Nigerian Government’s disregard and disobedience to the unanimous verdict of the three Justices of the Court of Appeal were expressly contained in a press release from the Office of the Attorney General of the Federation. The arrogation of the ‘interpretative power” by the Attorney General including “what to obey and what not to obey” in the landmark judgment is also tyrannical, vexatious and democratically calamitous.
“It must be clearly and strongly stated that the only option available to Nigeria’s Attorney General as the Law Officer of Nigeria is to fully consent to the landmark judgment or go on appeal within the stipulated time frame. Consenting or not consenting to the landmark judgment is however immaterial to the order of the three Justices-led Court of Appeal.
Should the Nigerian Government decide to head to the Supreme Court in the exercise of its right under the country’s body of laws, then Nnamdi Kanu must, first of all, be set free-with the worst case scenario is to place him in civil liberties-compliant movement surveillance if in the sincere opinion of the Nigerian State, granting him total freedom of movement, expression and association will be injurious to the pendency of the apex appeal (if any) and its final determination”.
Verdict ‘ll usher new era of calm, security in S:East, South — Chekwas Okorie
Also reacting, the founding Chairman of the All Progressives Grand Alliance (APGA), Chief Chekwas Okorie, on Friday, urged the Federal Government to accept the Court of Appeal judgment.
The Anambra-born politician, in a statement he released to journalists, said the country has everything to gain and nothing to lose by the immediate release of Kanu.
According to him, doing so will usher in, a new era of calm and security of life and property, especially in the Southeast and South-South geopolitical zones of Nigeria. His words, “I commend the three Justices of the Court of Appeal who demonstrated courage, forthrightness, erudition and dispassion in delivering this historic judgment.
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“It is with every sense of responsibility and patriotism that I urge and indeed appeal to the Federal Government of Nigeria under the leadership of President Muhammadu Buhari, to accept the verdict of the Court of Appeal in the interest of peace and national unity.
“I further appeal to the President to seize the moment and use his special presidential dispensation to extend pardon to other detainees who are facing similar charges that are currently in various Correctional Facilities across the country.
“As we await the due compliance of the Federal Government with the judgment of the Court of Appeal by promptly releasing Mazi Nnamdi Kanu from the DSS facility, I fervently appeal to the jubilant population of the Nigerian society to celebrate Mazi Nnamdi Kanu’s freedom responsibly.
“The release of Mazi Nnamdi Kanu will definitely usher in, a new era of calm and security of life and property, especially in the Southeast and South-South geopolitical zones of Nigeria.
“One immediate benefit of the release of Mazi Nnamdi Kanu is the automatic stoppage of the economically debilitating stay-at-home, every Monday of the week in the Southeast geopolitical zone.
“Similarly the criminals who have been operating under the cover of IPOB pretending to be freedom fighters will now be isolated for who they truly are. It is fortuitous that the Appeal Court judgment is coming to the verge of the electioneering period in our Country.
“At least the security concerns of the Independent National Electoral Commission, INEC, would be reduced to the barest minimum in the South East and South-South geopolitical zones of Nigeria.
“The Federal Government and the good people of Nigeria have everything to gain and nothing to lose by the immediate release of Mazi Nnamdi Kanu.
“The time for President Muhammadu Buhari to show magnanimity and leadership in the vexed issue of Mazi Nnamdi Kanu is now.”