Sections of Nigerian laws make Kanu’s trial impossible -Family replies AGF

The family of detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has told the Attorney General of the Federation and Minister of Justice, Chief Fagbemi that some sections of the Nigerian Laws make the trial of their son impossible in the country, The Sun reports.

Fagbemi was quoted to have said in a recent interview that the current administration declined to drop the charge against Kanu because the allegations against him were very serious, contending that his fate would only be determined by the court.

In a statement signed by Emmanuel Kanu, the family reminded Fagbemi that the Appeal Court discharged Nnamdi Kanu and “the last time we checked, the Appeal Court Abuja Division is a competent court of law in Nigeria.”

Questioning the Federal Government’s sincerity in trying their son, the family asked, “So what has changed between the time the order of discharge was handed down and today?

“A Federal High Court ruled the kidnapping of Nnamdi Kanu and detention as unlawful and arbitrary. Does it mean the Federal High Court that handed down this judgement is not a competent court of law in Nigeria?

“The fact that the AGF needs to bear in mind is that there seems to be a particular set or type of judge they want to hear this matter outside the protection of the rule of law, which will never happen in this case. We would like to advert the mind of the AGF to four critical laws in Nigeria which makes the trial of Nnamdi Kanu impossible.

“Section 2 (3F) of the Terrorism Prevention & Prohibition Act 2022 states very clearly and unambiguously that any attempt to conduct a Kangaroo trial of a victim of kidnapping in defiance of the explicit provisions of the African Charter is committing an act of terrorism. This is a subsisting Nigerian law which no amount of judicial somersault can overcome.

“The same Terrorism Prevention & Prohibition Act 2022 at Section 2 (3) (g) makes the kidnapping of Nnamdi Kanu-as affirmed by the Supreme Court- an offence and an act of terrorism. For the avoidance of doubt, the Supreme Court explicitly called the act of the Federal Government of Nigeria criminal.

“We refer you once again to Section 15 of another Nigerian law known as the Extradition Act to the exclusion of any other law in Nigeria, makes it very clear that in so far as Nnamdi Kanu is concerned, only a Kenyan court can certify any charges triable in Nigeria. This is universally known as the Doctrine of Specialty.

“AGF, these laws which were written in simple understandable English, were made and passed by the National Assembly of Nigeria, which is the only organ constitutionally charged with law making not any court of law. Law courts interpret but are not lawmakers. No court can overturn these laws as long as they are extant and subsisting.”

The family said it was aware of the overwhelming financial incentive to secure the sham conviction of Kanu by every means necessary, even if it means the destruction of the basic foundations of common law criminal jurisprudence in Nigeria.

“You may try but we can assure you that it won’t be easy for you.
Mind you, for the fact the AGF was silent on the issue of Igboho, the Yoruba self determination agitator, tells you all you need to know”, the family added.

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