Document Showing Why Court Cannot Retry Nnamdi Kanu Emerges (Photo)

The certified true copy of the lead judgment which showed that the appellate court has barred “any court in this country” and judges from trying the leader of the Indigenous People of Biafra, Nnamdi Kanu, on any previously committed offences have emerged.

Naija News reports that the Appeal Court had last Thursday upheld the appeal of the pro-Biafra activist and struck out charges levelled against him by the Federal Government.

Reacting to the ruling, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN, had said that the Federal Government would explore “appropriate legal options”.

On his part, Kanu’s counsel, Mike Ozekhome SAN, wrote to the AGF on October 17 to immediately comply with the Court of Appeal judgment and release his client unconditionally.

However, the certified true copy of the lead judgment obtained by the Whistler, showed that a three-man panel led by Justice Jummai Hannatu, from Gombe Division, gave the judgment while the lead verdict was read by Justice Oludotun Adefope-Okojie.

The judge said, “The consequence of this section, I hold, is that the respondent is prohibited from being detained, tried, or otherwise dealt with in Nigeria for or in respect of any offense allegedly committed by him before his extraordinary rendition to Nigeria.

“The lower court thus has no jurisdiction, I further hold, to try the Appellant on Counts 1,2,3,4,5,8, and 15 which were retained by it, being charges allegedly committed by the Appellant prior to his extraordinary rendition.

“In addition, by the forceful abduction and extraordinary rendition of the appellant from Kenya to this country on the 27th day of June 2021, in violation of international and state laws, the lower court or indeed any court in this country is divested of jurisdiction to entertain charges against the appellant and I so hold.

“I accordingly resolve issue number one in favor of the appellant.”

“The resolution of this issue in favor of the appellant disposes of this appeal, I hold, making a resolution of the other issues merely an academic exercise.”

According to the appellate court, its conclusion on the case was due to the failure of the federal government to utilize the processes stipulated, not only in international treaties and conventions but also in local laws.

It also faulted the Federal High Court judge, Justice Binta Nyako’ for not looking into the merits of Kanu’s argument regarding his extraordinary rendition from Kenya.

“The duty of the courts is to maintain the balance between ensuring that law and order is obeyed and the protection of the individual from oppressive actions by the executive.

“By failing to consider and make findings in respect of issue No 1 raised before it for determination, regarding the extraordinary rendition of the appellant, the lower court, I hold, failed to properly evaluate the appellant’s evidence, resulting in a breach of the appellant’s right to a fair hearing.”

Meanwhile, the Supreme Court appears to be the only legal option available to the AGF, on the recent judgement on Kanu.