The court made the ruling in the appeal case filed by Kanu, challenging the criminal charges against him.
Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), has tackled President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, for failing to release Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), despite an Appeal Court ruling that acquitted him.
The Court of Appeal in Abuja had ruled on Thursday that the rendition of Kanu from Kenya was illegal and therefore he should be discharged and acquitted.
The court made the ruling in the appeal case filed by Kanu, challenging the criminal charges against him.
In the update on the court ruling provided by Kanu’s lawyer, Ifeanyi Ejiofor, he said, “UPDATE Onyendu MAZI NNAMDI KANU’s abduction and extraordinary rendition from Kenya is declared illegal and consequently constitutes a bar to further proceeding /trial. Court held that It was done in clear and egregious violation of extant international laws; there is no justification whatsoever even the warrant of arrest issued in NIGERIA cannot justify the illegality in the abduction and extraordinary rendition of ONYENDU MAZI NNAMDI KANU.
“Appeal allowed, Onyendu Mazi Nnamdi KANU, discharged and acquitted. We have won! Victory, victory, victory, victory.”
But 24 hours after Kanu was granted bail by the appellate court, he is still in detention.
Sowore, in a reaction on Twitter on Friday, said the Buhari government had no other choice than to abide with the court's ruling and set Nnamdi Kanu free.
"#FreeNnamdiKanuNow: Muhammadu Buhari and his lawless and incompetent Attorney General, Abubakar Malami, SAN have reached a dead end, they must let Mazi Nnamdi Kanu go home free! They have no alternative to play with. #WeCantContinueLikeThis don’t," the AAC presidential candidate stated.
Kanu had been re-arraigned before a Federal High Court on amended 15 counts bordering on treasonable felony preferred against him by the Nigerian government.
However, on April 8, Justice Binta Nyako struck out eight of the 15 counts.
While ruling on the preliminary objection seeking to quash the charges, the judge said counts 6, 7, 8, 9, 10, 11, 12, and 14 had not disclosed any offence against the defendant (Kanu).
The charges that were struck out below are as follows: “Count 6: Made broadcasts to attack officers of the Nigeria Police Force; Count 7: Made broadcasts in which he incited members of the public to hunt and attack officers of the Nigerian Police Force.
“Court 8: Made broadcasts in which he directed members of the IPOB to manufacture bombs; Court 9: Made broadcasts on diverse dates in furtherance of terrorism against the Nigeria state and with intent to destabilise the fundamental political and economic structures of Nigeria, incited members of the public to stop the Anambra governorship election.
“Count 10: Incited members of the public to destroy public facilities. Count 11: Threatened members of the public not to come out on 31st May, 2021. Count 12: Made broadcasts with the intention to incite members of the public to stage a violent revolution in furtherance of acts of terrorism. Count 14: Directed members of the public to destroy the public transport system in Lagos, resulting in major economic loss to the governor.”
Nyako had said that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the defendant had to answer.
However, Kanu through his team of lawyers led by Mike Ozekhome (SAN), filed an appeal marked CA/ABJ/CR/625/2022, praying the court to quash the remaining seven counts for being devoid of merit.