Appeal Court discharges Nnamdi Kanu, questions High Court’s jurisdiction

The Appeal Court sitting in Abuja has discharged the embattled leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.

Kanu is being prosecuted by the Federal Government at the Federal High Court in Abuja for 15 count charges bordering on treasonable felony, terrorism, and offences he allegedly committed in the course of his separatist campaigns.

A three-man panel of the Court of Appeal however said the Federal High Court lacks the jurisdiction to try him given his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.

The court held that the 15-count charge preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.

The court further held that the Federal Government failed to disclose where Nnamdi Kanu was arrested despite the grave allegations against him.

The court noted that the act of abduction and extraordinary rendition of Kanu from Kenya without due process is a violation of his right.

It added that how Nnamdi Kanu was procured and brought before the court was not evaluated by the lower court, before assuming jurisdiction to try him.

The court further held that the trial judge was in grave error to have breached the right to a fair hearing of Nnamdi Kanu

The appeal court said the African Charter on Human and People’s rights are part of the laws of Nigeria and courts must abide by the laws without pandering to the aim of the Executive.

Reacting to the Appeal Court’s decision on Thursday, the Attorney-General, Mr Malami, said the decision of the court only discharged Kanu and did not acquit him.

In a statement signed by his spokesperson, Dr Umar Jibril Gwandu, Mr Malami said the Federal Government will explore all available options left to it.

“The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu.

“For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.

“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.

“The decision handed down by the court of appeal was on a single issue that borders on rendition.

“Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.

“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues,” the statement said.

Appeal Court discharges Nnamdi Kanu, questions High Court’s jurisdiction