By Adadainfo
The Federal Government might refuse to obey court orders to release Mazi Nnamdi Kanu because he ‘is a flight risk’.
Kanu is the leader of the Indigenous People of Biafra, IPOB. The Court of Appeal, Abuja, discharged him on Oct 13 2020 of treasonable charges following the unrefined manner he was allegedly renditioned to Nigeria from Kenya last year, which the federal government could not explain to the court.
However, Nigeria’s attorney general Abubakar Malami said the discharge does not mean acquittal.
The position of the federal government is stated in its affidavit on Monday where it prayed the Court of Appeal for stay of execution on the matter.
The FG relied on the decided case between it and Asari Dokubo in its prayers.
According to the FG, “The Respondent is a flight risk person. It is important to appreciate the gamut of depositions in our application. One of the grounds of our application is that this matter touches on national security of the state.
“We rely on the case of FRN Vs Dokubo, where the Supreme Court held that where national security is threatened or likelihood of it being threatened, human rights take secondary place.
“Once there is a threat to national security, human rights of any individual can be suspended until such threat is taken care of.
“Once security of the nation is in jeopardy, the individual right may not even exist.”
Mr David Kaswe, an assistant state counsel in the office of the Attorney-General of the Federation, made the argument. He further stated that Kanu, if released, would constitute security threat in South East.
Kanu’s lead counsel Mike Ozekhome, SAN, replied that, “In fact, my lords, on the contrary, the release of Kanu will actually bring peace and tranquility to the South East in particular and the nation in general.
“This was demonstrated after the judgement of this court that ordered the release of the Respondent. Immediately the judgement was delivered, there was so much joy and happiness in the entire South East. There was so much jubilation and merriment.”
He said Dokubo’s case was different, adding that while Dokubo applied to be granted bail, pending the determination of the charge against him, the appellate court already terminated Kanu’s trial and ordered his release.
The three-man panel of Justices of the appellate court led by Justice Haruna Tsanami reserved ruling till a date to be communicated later.
Adadainfo
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