My reaction to AGF Malami’s position on the Court of Appeal judgment regarding Nnamdi Kanu

By Barrister Aloy Ejimakor
Special Counsel to Kanu

The position of AGF Malami on the Court of Appeal judgment regarding Nnamdi Kanu is flatly wrong and it is perverse to boot

If the FG refuses or stalls on releasing Kanu solely because it desires to levy further or new charges, it will amount to a burgeoning holding charge which is impermissible in our jurisprudence.

Further, no new charges can stick against Kanu because, in the present circumstance, the extraordinary rendition is an abiding factor that has created a permanent barrier to his prosecution.

Keep in mind that the extant trial of Kanu could never have proceeded had he not been illegally renditioned. So, it is not legally possible to lose jurisdiction in the extant charges and at once obtain jurisdiction in the next round of charges.

The judgment of the Court of Appeal has therefore grandfathered a continuing lack of prosecutorial jurisdiction that will, in the interim, be very hard to overcome.

Thus, before the levying of any new charges can have a toga of legality or chances of conferring prosecutorial jurisdiction, Kanu has to be released first, with the implied assurances that he is free to travel overseas without any let or hindrance.

Anything to the contrary will strain constitutionality. It will also generate more political tensions in the polity and possibly trigger a nasty diplomatic brawl with Britain.

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