Nnamdi Kanu: FGN Should not Turn Prosecution to Persecution - Nwandugbom JOK

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Nnamdi Kanu: FGN Should not Turn Prosecution to Persecution 

The news, if true, that the Federal Government is appealing to the Supreme Court to reverse the Appeal Court ruling discharging Mazi Nnamdi Kanu will perhaps be the worst blunder of the APC-led Federal Government till its expiration. 

For an administration that has clearly received flaks for releasing hardened terrorists and other criminals from a particular part of the country and has the record of being the most sectional administration since independence, even with the selection of Service Chiefs flagrantly skewed against a section of the country in favour of others, this is obviously a confirmation of all that has been said against APC and the Federal Government it is leading with regard to management of national inclusiveness and cohesion. 

If that Appeal Court judgment is eventually appealed, it becomes clearer than ever that what is happening is the persecution of Mazi Nnamdi Kanu possibly because of the part of the country he comes from and that will be unacceptable to some of us who still believe that a fair and equitable Nigeria is possible. 

Clearly, Mazi Nnamdi Kanu was not brought back to Nigeria through the processes prescribed by law. “Extraordinary rendition” is frowned at across the globe because it is anarchical of countries to be allowed to engage in the forcible abduction of a citizen in another country or jurisdiction and transfer the person to a third country or state. There are processes that should have been followed to approach Kenya or any other country for the purposes of extradition of any citizen if indeed Nigeria was interested in respecting international laws that we voluntarily subscribed to. Once those processes were circumvented for whatever reason it makes nonsense of the trial of Mazi Kanu in Nigeria. 

I believe our attorney general is a very intelligent man and knows that the Appeal Court simply ruled on the basis of our laws and to uphold time tested legal principles. That abduction from Kenya was wrong in all ramifications and the law will never permit anyone, including the federal government, to benefit from am unlawful act. Even as a legal illiterate, I believe the appeal court has made it abundantly clear that no matter the crime Mazi Nnamdi Kanu must have been deemed to have committed, he cannot be tried based on the reckless manner the federal government renditioned him back to Nigeria against all known international protocols, conventions and treaties. 

As lawyers say, Ex turpi causa non oritur actio: meaning that a person will not be able to pursue a cause of action if it arises from his own illegal act. 

I wish to appeal to the federal government to stop the appeal at the Supreme Court if they have already launched one as reported in the media and follow the law to do the needful. They should not drag the matter beyond the Appeal Court as it will give the impression of persecution against Nnamdi Kanu in particular and Ndigbo in general. 

For Christ's sake, you do not need any Igbo leader or Governor to beg the federal government to allow the rule of law to prevail. Everyone in public office subscribed to  an oath to uphold the rule of law at all times, so creating the impression that Igbo leaders must beg for someone the law has set free to be released from custody is the most idiotic proposal of all time. Does that mean that there were Governors and leaders in this country that actually begged for Boko Haram terrorists and bandits to be released from custody without even any court judgement? Were there leaders in this country that publicly and privately canvassed for convicted criminals to be set free and allowed to unleash fresh mayhem on innocent citizens? Personally, I doubt that possibility because I believe in leadership responsibility. 

Nobody should canvass nonsense position to my hearing again, please!!! 

Our unity in Nigeria is tenuous and at the heart of all the challenges of nationhood we have in Nigeria is inclusivity across board. Apply the law and good sense across board no matter who is involved to help build our nation and minimize dissent. 

For the avoidance of doubt, it is my personal position that there is no need to appeal the judgement of the appeal court to avoid giving the impression that the federal government is persecuting citizen Nnamdi Kanu. If the appeal court in its judicial wisdom has discharged him and declared that he cannot be tried because of the 'extraordinary rendition' engaged by the federal government, then set him free. If in the course of enjoying that freedom he commits a fresh crime known to law then try him for that if it happens. If he decides to return to Britain or Kenya, give him the necessary travel documents to do so. It is his right as a citizen! 

The appeal court that ruled in his favor in Abuja is a valid institution of the federal government empowered by our 1999 constitution as amended. Let this matter end there because wisdom is required to deal with dissent. Don’t come and apply legal gymnastics to further unsettle the south east that has suffered economically from all these avoidable brouhaha. 

-Nwandugbom JOK 

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