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    HomeNewsKanu alleges death in detention, petitions US, EU, others 

    Kanu alleges death in detention, petitions US, EU, others 

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    Detained leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu has petitioned the global community represented by the United States of America, the European Union, Canada, France and all embassies in the country drawing attention to his persecution by the Nigerian government.

    He particularly   raised concerns of the alleged intention of the Nigerian government to ensure he dies imprison, calling on world leaders to prevail on the Nigerian government to obey its own laws and courts.

    The petition titled: An urgent appeal for intervention, urging Nigeria to uphold constitutional supremacy, Stare Decisis and Rule of Law, Kanu said he was writing as prisoner of conscience and “a captive of the Nigerian State, condemned to unlawful detention and solitary confinement since 2021”.

    Among other nations and international agencies, the petition was directed to include Germany, Netherlands, Sweden, Amnesty International, Red Cross, African Union, ECOWAS Court, Kenya, South Africa, Norway, Denmark, Japan, Brazil, Israel, Finland and Austria.

    Citing what he termed a” perverse and unconstitutional ruling of the Nigerian Supreme Court on December 15, 2023” in (Appeal No.SC/CR/136/2022) which reversed his earlier ‘Court of Appeal lawful discharge and acquittal’ and benchmarked by federal government extraordinary rendition of Kanu from Kenya, the IPOB leaders drew attention of the world that the nation’s apex court entered the judgement “despite clear jurisdictional nullity and violations of my fundamental rights”.

    Kanu who signed the petition through his legal representatives appealed: “By this letter, I respectfully implore your urgent intervention to compel the Nigerian government to adhere to its own laws, respect stare decisis, and uphold the constitutional supremacy enshrined in the 1999 Constitution.

    “The Supreme Court’s lawlessness, compounded by the Court of Appeal’s  illegal stay of execution, undermines the rule of law, and I seek your assistance to restore justice.

    According to the statement of fact of the case, Kanu, a citizen of the United Kingdom, insists that by the laws of the Nigerian nation, he has no reason to remain in detention. He also deplored the lack of action by the United Kingdom under whose passport he travelled to Kenya where he was abducted and held captive till date.

    “Statement of facts:  Court of Appeal Discharge (October 13, 2022): The Court of Appeal discharged and acquitted me, ruling that my 2021 abduction from Kenya—where I entered as a UK citizen—was unlawful, violating the Extradition Act 2004 and my fair trial rights under Section 36 of the 1999 Constitution.

    “The court held that my extraordinary rendition constituted a jurisdictional nullity, rendering the Federal High Court’s proceedings void ab initio, per Madukolu v. Nkemdilim [1962] 2 SCNLR 341. Illegal Grant of Stay of Execution (October 28, 2022).

    “On October 28, 2022, Justice Haruna Simon Tsammani JCA (as he then was), leading a panel of the Court of Appeal, granted the Federal Government’s application for a stay of execution of the October 13, 2022, judgment that discharged and acquitted me.

    “This decision is a barbaric and illegal act, wholly unknown to criminal law jurisprudence anywhere in the world. It constitutes constitutional criminality of the highest order, exhibiting a shocking lack of fidelity to the Nigerian Constitution.

    “Nigerian jurisprudence unequivocally prohibits stays of execution in criminal matters, particularly where liberty is at stake. Ejiofor v. FRN (2007) 14 NWLR (Pt. 1054) 1 holds that “in criminal proceedings, a stay of execution is alien to our law… the right to liberty is so fundamental it cannot be postponed.

    “Similarly, Abacha v. State (2002) 11 NWLR (Pt. 779) 437 affirms that once a person is discharged, he must be released forthwith. There is no room for negotiation. Liberty cannot be stayed.”

     The IPOB leader observed that the illegal stay has opened the doors for other illegalities leading to his continuing “arbitrary detention for 14 months without charge, violating Section 35 of the 1999 Constitution and international human rights standards.

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