The proscribed Indigenous People of Biafra has described as unfortunate the non-release of the leader of IPOB, Mazi Nnamdi Kanu from detention.
The Supreme Court on Friday set aside a judgment by the lower court that dismissed the terrorism charges against the leader of the Indigenous People of Biafra, Nnamdi Kanu.
The apex court held that the court of appeal was wrong and that the trial court couldn’t try him because the prosecution violated his rights.
In the judgment prepared by Justice Garba Mohammed, the court condemned the invasion of Kanu’s residence, declaring it irresponsible.
The court held that there is no law in the country stopping a trial based on the violation of the rights of a suspect.
Mohammed said, “If the police should destroy the house of a suspect to obtain exhibits, should that prevent the court from entertaining the offense?
“His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.
“No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.
“The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed.”
Reacting, IPOB, through its spokesman, Emma Powerful, in a terse statement on Friday, described Kanu’s continuous detention as ‘unconstitutional’, saying that self-determination is legal as supported by the United Nations laws and by the Africa Union Charter.
Powerful, also commended the Anambra and Enugu state governors, Prof Chukwuma Soludo and Dr Peter Mba, respectively, on their call for the unconditional release of the pro-Biafran leader.
Powerful said the justices of the apex court have not dispensed good judgment in the face of Nigeria’s problems.
A statement by Powerful reads: “Moving from Supreme Court to a lower court again looks more like a Scripted Comedy Skit to delay justice delivery.
“The Supreme Court and its Justices have shown that they cannot dispense good judgment in the face of Nigeria and its problems.
“The world and Biafrans worldwide have seen the incapacity of Supreme Court and their judges. IPOB will watch what is happening in Nigeria this period.”
Kanu was first arrested in 2015 under the administration of former Nigerian President Muhammadu Buhari.
He was subsequently granted bail in April 2017 and fled the country after an invasion of his home in Afara-Ukwu, near Umuahia, Abia State, by the Nigerian military in September 2017.
Kanu was re-arrested in Kenya and brought back to Nigeria in June 2021.
He was arraigned before the Federal High Court in Abuja on four charges including treasonable felony, conspiracy to commit treasonable felony, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari.
The charges were later withdrawn by the former Attorney General of the Federation, Abubakar Malami, SAN, who replaced them with a fresh 14-count charge bordering on terrorism and membership in a proscribed group, among others.