Why Nigerian Government Must Release Nnamdi Kanu Even If He Appeals Court Ruling - Lawyer

Human rights lawyer, Inibehe Effiong, has explained why the Nigerian government must release Nnamdi Kanu, leader of the Outlawed Indigenous Peoples of Biafra (IPOB), even if they decide to appeal a decision of justice releasing him.

The Abuja Court of Appeal on Thursday overturned the terrorism charges brought against Mr. Kanu by the government and ordered his release from State Security Service (SSS) custody.

He found the IPOB chief to be an "extraordinary" rendition to Nigeria and the action was a gross breach of the country's extradition treaty as well as a violation of his basic human rights.

"If the feds decide to appeal Nnamdi Kanu's release and acquittal to the appeals court, they must still release Kanu," Effiong said on Twitter, hours after the decision .

"It's because a citizen's freedom cannot be suspended. There is no room for a stay of execution in this kind of case," he said.< /p>

The lawyer told PREMIUM TIMES that the arrest warrant issued by Justice Binta Nyako of the Federal High Court in Abuja against Mr. Kanu was "ineffective and unenforceable" outside of Nigeria, arguing that the government cannot rely on a charge on the warrant which he described as a "defective and lawful contravention".

He added that Mr. Kanu, as a human being, was not perishable and that there were no conditions for a stay of execution, even if the court's decision was appealed.

“A human being in the first place is not perishable. we are successful on appeal, the property may not be recoverable due to the nature of the property,” he said.

“So when the court declares that he has been released and acquitted, acquittal in law means an absolute exculpation. So you cannot, on the grounds that you have appealed, hold Kanu,” said Mr. Effiong.

When asked to comment on the position of the law should the government fail to release the head of IPOB, the lawyer replied, "Today (Thursday), Nnamdi Kanu did not not to sleep in the custody of the SSS.So if they are still holding it, they are already committing an offense against the constitution.It is a violation of his personal liberty rights under article 35 of the constitution. »

He added, "At the time the court judgment was given, they should have released him immediately, because having been released and acquitted, he no longer faces a trial or charge."

Mr. Effiong pointed out that Mr. Kanu had not been convicted by the Federal High Court in Abuja, pointing out that the IPOB leader could only return to SSS custody if the government successfully appealed the judgement. /p>

He said Federation Attorney General Abubakar Malami should be fired or resign honorably for authorizing the alleged abduction and extraordinary rendition of Mr. Kanu.

He said the decision was an indictment of President Muhammadu Buhari's administration.

The lawyer claimed that Mr. Buhari had done similar things under military rule without consequence, but such action cannot be allowed “in this democratic era”.

“If the court were to allow the extraordinary rendition of Mr. Kanu, it would be tantamount to setting fire to the constitution,” he said.

The government has however indicated that it will not release Mr. Kanu despite the court ruling.

Mr. Malami, in a statement on Thursday evening by his spokesman, Umar Gwandu, argued that the Court of Appeal only acquitted Mr. Kanu, and did not acquit him.

The attorney general said the government is considering its legal options and may pursue further charges against the IPOB chief.

He said the Court of Appeal's decision "deals with a single issue that borders on restitution".

"Let it be clear to the general public that other pre-restitution issues on the basis of which Kanu quashed bail remain valid issues for judicial determination.

"The federal government will consider all available options available to us in relation to restitution judgment, while continuing with determinations...