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Discharging Nnamdi Kanu is not Being Merciful to Him But His Right
Written by Aloy Ejimakor | 27th June 2023 PRESS RELEASE RE: Releasing MAZI NNAMDI KANU is not an act of mercy but an act of doing the right thing In the midst of the widespread calls for the release of Nnamdi Kanu and the high likelihood that some of these calls sound like or might be misconstrued as pleading for mercy, it has become necessary and urgent to issue the following clarifications: 1. The matter of releasing Nnamdi Kanu is not an act of mercy, executive clemency or even amnesty. Instead, it’s an act of doing the right by simply complying with the subsisting municipal Court Order or the standing international Tribunal Decision that independently declared his detention illegal. Alternatively, the decision can also properly proceed through a sound invocation of the copious constitutional provisions on discontinuation of prosecutions, such as this one that is irredeemably unsustainable. 2. For avoidance of doubt, Nnamdi Kanu’s continuing detention is not legal but is, in the present circumstance, manifestly extrajudicial and unconstitutional to boot. Even the inception of his detention, following the rendition, was also not legal, because extraordinary rendition is an egregious State crime that destroys the legal capacity of the State to detain the victim of the rendition, in addition to also complicating the prosecutorial powers of the Sate against such victim. 3. It is pertinent to note that in the previous but related matter of the infamous proscription of IPOB and the attendant criminalization of its vast members by the Nigerian government in 2017, I promptly levied a continental legal challenge against the proscription, and in March 2018, the continental Tribunal ruled in favor of Nnamdi Kanu/IPOB and accordingly directed the Nigerian government to reverse the proscription and cease and desist from any further law enforcement actions against Nnamdi Kanu and IPOB members. Thus, the subsequent rendition of Nnamdi Kanu, the arrests, the detentions, the tortures, the disappearances and the widespread extrajudicial killings of IPOB members should not have happened had the authorities complied with this landmark continental Decision. 4. It is relevant to stress the fact that following the rendition, I had also initiated a complex constitutional suit against the government of Nigeria, and on 26th October 2022, the Federal High Court ruled in favor of Nnamdi Kanu and accordingly declared both the extraordinary rendition and the consequent detention as flagrant violations of the Constitution. Thus, Nnamdi Kanu’s release from detention vested from the very day this judgment was given, and the days are still counting to this day because the judgment is extant and not stayed. Therefore, if Nigeria truly respects her Constitution and her Courts, it will be needless to be constantly calling on the authorities to release Nnamdi Kanu on a competent judgment that unambiguously ordered his release. 5. Recall also that in July 2022, the United Nations, in a highly critical Opinion, unequivocally directed that Nnamdi Kanu should be freed unconditionally and even went further to call on Nigeria to pay reparations to him as recompense for the rendition. As a bonafide member of the United Nations, Nigeria is bound by treaty and customary international law to faithfully comply with this directive. Failing to do so stigmatizes Nigeria as a nation that lacks respect for the United Nations - the same institution that passed the historic Resolution that legalized self determination and thus saw to Nigeria’s Independence.
Discharging Nnamdi Kanu is not Being Merciful to Him But His Right
Written by Aloy Ejimakor 27th June 2023 PRESS RELEASE RE: Releasing MAZI NNAMDI KANU is not an act of mercy but an act of doing the right thing In the midst of the widespread calls for the release of Nnamdi Kanu and the high likelihood that some of these calls sound like or might be misconstrued as pleading for mercy, it has become necessary and urgent to issue the following clarifications: 1. The matter of releasing Nnamdi Kanu is not an act of mercy, executive clemency or even amnesty. Instead, it’s an act of doing the right by simply complying with the subsisting municipal Court Order or the standing international Tribunal Decision that independently declared his detention illegal. Alternatively, the decision can also properly proceed through a sound invocation of the copious constitutional provisions on discontinuation of prosecutions, such as this one that is irredeemably unsustainable. 2. For avoidance of doubt, Nnamdi Kanu’s continuing detention is not legal but is, in the present circumstance, manifestly extrajudicial and unconstitutional to boot. Even the inception of his detention, following the rendition, was also not legal, because extraordinary rendition is an egregious State crime that destroys the legal capacity of the State to detain the victim of the rendition, in addition to also complicating the prosecutorial powers of the Sate against such victim. 3. It is pertinent to note that in the previous but related matter of the infamous proscription of IPOB and the attendant criminalization of its vast members by the Nigerian government in 2017, I promptly levied a continental legal challenge against the proscription, and in March 2018, the continental Tribunal ruled in favor of Nnamdi Kanu/IPOB and accordingly directed the Nigerian government to reverse the proscription and cease and desist from any further law enforcement actions against Nnamdi Kanu and IPOB members. Thus, the subsequent rendition of Nnamdi Kanu, the arrests, the detentions, the tortures, the disappearances and the widespread extrajudicial killings of IPOB members should not have happened had the authorities complied with this landmark continental Decision. 4. It is relevant to stress the fact that following the rendition, I had also initiated a complex constitutional suit against the government of Nigeria, and on 26th October 2022, the Federal High Court ruled in favor of Nnamdi Kanu and accordingly declared both the extraordinary rendition and the consequent detention as flagrant violations of the Constitution. Thus, Nnamdi Kanu’s release from detention vested from the very day this judgment was given, and the days are still counting to this day because the judgment is extant and not stayed. Therefore, if Nigeria truly respects her Constitution and her Courts, it will be needless to be constantly calling on the authorities to release Nnamdi Kanu on a competent judgment that unambiguously ordered his release. 5. Recall also that in July 2022, the United Nations, in a highly critical Opinion, unequivocally directed that Nnamdi Kanu should be freed unconditionally and even went further to call on Nigeria to pay reparations to him as recompense for the rendition. As a bonafide member of the United Nations, Nigeria is bound by treaty and customary international law to faithfully comply with this directive. Failing to do so stigmatizes Nigeria as a nation that lacks respect for the United Nations - the same institution that passed the historic Resolution that legalized self determination and thus saw to Nigeria’s Independence.

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