There are indications that Nigeria’s Federal Government may not free the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, after the court ordered his immediate release. The National Security Council has disclosed that the incarcerated Biafran agitator still has a case to answer.

The position of the security council is in line with the argument of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, who said Kanu was discharged but not acquitted by the court.

An Appeal Court sitting in Abuja had on Thursday thrashed the case of terrorism leveled against Kanu, nullify his extraordinary rendition from Kenya, an arrest which violated his fundamental human rights.

The National Security Council, which was presided over by President Muhammadu Buhari, said that the Federal Government is considering the next step to take on the matter in due course.

It noted that Kanu had not been acquitted though discharged of some issues in the cases against him.

Addressing State House Correspondents after the Council meeting, the Minister of Police Affairs Maigari Dingyadi, joined by the Minister of Interior, Rauf Aregbesola, and the Chief of Defense Staff, General Lucky Irabor, said what would become of the case against Kanu would be decided in coming days.

“Similarly, the issue of Kanu has also been raised and Council was briefed on the state of things on the matter and it was observed that Kanu was discharged, but he was not acquitted.

“So, government is considering the appropriate action to be taken on the matter and Nigerians will be notified of the position that will finally be taken on the matter in due course”, Dingyadi said.

He said the council only discussed the Appeal Court judgement but noted that solutions to these kind of matters can be considered as long as they are not subjudice.

Fate of Nnamdi Kanu And Buhari’s Administration History of Disregard for Court Orders

Recall that President Muhammadu Buhari administration has a history of disregard to the orders of the courts which ran contrary to its preconceived idea of justice.

As at November 2019, President Muhammadu Buhari administration was accused of disobeying no fewer than forty court orders since 2015, that was a little above four years of the ruling All Progressives Congress (APC) government, which took over power from the Peoples Democratic Party (PDP).

Dr Kolawole Olaniyan, legal adviser to Amnesty International, had in 2019 accused President Muhammadu Buhari of having shown “stunning disregard for the rule of law and human rights, ignoring Nigerian judges on at least 40 occasions”.

The London-based lawyer, who accused the President of treating judges with disdain, also questioned the sincerity of Buhari’s anti-corruption fight.

Olaniyan made the claims in a piece titled, ‘Buhari is ignoring Nigerian judges – We must not let him get away with it’, according to a report by Punch.

In the same vein, in December 2021, the Socio-Economic Rights and Accountability Project (SERAP) had raised concerns over the Federal Government’s disdain for orders of the court.

The most recent report released in February 2022 by SERAP insisted that since inauguration in 2015, Buhari’s administration has disobeyed many court judgments.

According to SERAP’s Deputy Director, Kolawole Oludare there were several court judgments which the organisation had secured against the federal government but which no action has been taken to implement.

He highlighted the judgment of Justice Hadiza Shagari delivered on July 5, 2017 ordering the federal government to tell Nigerians about the stolen asset it allegedly recovered, with details of the amounts recovered, which has not been obeyed till date.

“The second judgment, by Justice Mohammed Idris, on February 26, 2016 ordered the federal government to publish details on the spending of stolen funds recovered by successive governments since the return of democracy in 1999.

“The third judgment by Justice Oluremi Oguntoyinbo on November, 26, 2019 ordered the federal government to challenge the legality of states’ pension laws permitting former governors now serving as ministers and members of the National Assembly to collect such pensions, and to recover pensions already collected by them.

“The fourth judgment, by Justice Mohammed Idris on May 28, 2018, ordered the federal government to prosecute senior lawmakers suspected of padding and stealing N481 billion from the 2016 budget; and to widely publish the report of investigations into the alleged padding of the 2016 budget.

“The fifth judgment by Justice Chuka Obiozor on July 4, 2019 ordered the federal government to publish the names of companies and contractors who collected public funds since 1999 but failed to execute any electricity projects.

“These judgments and many others by the courts have remained unchallenged till date and the federal government has refused to obey them”, Kolawole Olu dare lamented.

Beyond the disregarded court judgments obtained by SERAP, there are litany of other court judgments flagrantly disobeyed by the the ruling All Progressives Congress (APC) led Federal Government of Nigeria.

Such similar attitude towards orders of the court include the refusal to release former National Security Adviser, NSA, Sambo Dasuki, after the court had granted him bail on several occasions while he was incarcerated just like the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.

Also common knowledge to Nigerians was the refusal to obey court orders granting bail to Ibrahim El Zakzaky, leader of the proscribed Islamic Movement of Nigeria (IMN).

The APC administration in earlier instances disobeyed the orders of the Federal High Court in Abuja on the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu’s bail and access by his legal team and family members.

Justice Binta Nyako had to question the Department of State Security (DSS) on such disregard at a time, yet the situation remained the same.

Thursday’s Court Order

Despite the statement credited to President Muhammadu Buhari that only the court will decide the faith of Nnamdi Kanu, the Court of Appeal judgment on Thursday, like many others in the past may never be obeyed.

Already, the argument of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami and the position of the National Security Council personally presided over the President Muhammadu Buhari have set the stage for the disregard to the judgement which quashed the terrorism charge the Federal Government preferred against the detained leader of the Indigenous People of Biafra, (IPOB), Mazi Nnamdi Kanu.

Kanu is being prosecuted by the Federal Government at the Federal High Court in Abuja for 15-count charge 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 in view of 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 the leader of IPOB, Nnamdi 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 the manner in which Nnamdi Kanu was procured and brought before the court was not evaluated by the lower court, before assuming jurisdiction to try him.

The lower court having failed to address the preliminary objection challenging its jurisdiction, particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria, the lower court failed to take cognizance of the fact that a warrant of arrest can only be executed anywhere within Nigeria.

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

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, the Court of Appeal said.

Disregard For Human Rights Council Demands On Leader of IPOB, Nnamdi Kanu

President Muhammadu Buhari government is yet to heed the legal advice of the United Nations which rooted for unconditional release of Mazi Nnamdi Kanu based on the the violent extradition of the IPOB leader by Nigerian government from Kenya to face terrorism trial in Nigeria.

Specifically, the United Nations, UN Human Rights Council Working Group on Arbitrary Detention, has indicted both Nigeria and Kenya Governments for the
arrest and extraordinary rendition, torture and continued detention of the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, without due process.

UN therefore, asked Nigerian Government to, “immediate release Kanu unconditionally” and pay him adequate compensations for the arbitrary violation of his fundamental human rights.

It also recommended that Government officials responsible for the torture meted to the IPOB Leader be investigated and punished.

The UN body further directed Nigeria to report back within six months of the transmission of its opinions on Kanu’s matter, steps taken to comply with all the recommendations thereof.

It referred the case of Kanu’s torture to Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment for
further consideration

The UN Working Group also threatened to take further action to ensure the recommendations are complied with, noting that both Nigeria and Kenya are signatories to the Convention and should comply.

The 16-page report dated July 20, 2022 was adopted on April 4 by the Working Group on Arbitrary Detention at its 93rd session, held between March 30 – April 8, 2022.

Therefore, the moves by the Federal government to keep the IPOB leader in detention despite legal advice and orders of the court is not surprising as the APC administration has in many ways demonstrated lack of respect for the orders of the courts in the country.

Most Likely Federal Government Options To Keep Nnamdi Kanu Incarcerated

Currently, the Federal Government seems to be in dilemma how to come out of the current legal corner it has caged itself, especially in view of the illegality surrounding the ill-fated arrest in Kenya. The most likely action of the APC administration in view of the order of the Court of Appeal in Abuja on the ongoing trial of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, could be to appeal the judgment of the court at the Supreme Court. However, with the legal team of the incarcerated Biafran agitator insisting on the release of their client, the Federal Government could opt to release and rearrest Nnamdi Kanu. The government may even file fresh charges against the IPOB leader and get fresh order to keep him in the DSS custody for a long time.

In the meantime, what can be obviously deduced from the body language of the Federal Government officials is that the President Muhammadu Buhari administration is not in a hurry to free the leader of IPOB, Nnamdi Kanu.

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