The former Federal Commissioner in the first Republic, and leader of the Pan Niger Delta Forum, PANDEF, elderstatesman Edwin Clark, has asked President Muhammadu Buhari to obey the judgement of the Court of Appeal and order the immediate release of Nnamdi Kanu in the interest of peace in the country, the South East Zone, in particular.
Chief Clark in a statement condemned the positions of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the subsequent support by the National Security Council at its meeting last Friday.
Both Malami and NSC, refused to approve the judgement of the Court of Appeal, arguing that the court only discharged leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, but did not acquit him of the charges for which he was facing trial.
The elderstatesman described the NSC and Mslami’s stance as rather imperious and needless, adding that President Muhammadu Buhari should without delay obey the judgement of the Court of Appeal and order the immediate release of Nnamdi Kanu.
He disçlosed that with the acceptance of judgement of the Court of Appeal by Nigerians with elation, especially in the South East, where there were reports of widespread jubilations across cities in the Zone, the non release of Kanu would, therefore, be detrimental to the federal government.
According to Clark, Buhari should not allow the continued detention of Kanu to provide any pretext for needless violence in the South East.
According to him, even though the alleged certain activities of Nnamdi Kanu and his IPOB followers had been a nuisance of sort, and very disturbing, that the Federal Government went too far in going all the way to Kenya to abduct him on the grounds that he jumped bail.
Clark recalled the reply Buhari gave to the elders, leaders, and Traditional Rulers of the South East, who pleaded with him during a meeting in Abakaliki, Ebonyi State, to release Kanu and other pro-Biafra agitators in detention, when he insisted that Nnamdi Kanu’s fate would be decided by the Court.
He also referred the Igbo leaders’ visit to him at Aso Rock, where the President again said the matter was no longer in his hand but in the hand of the Judiciary and that whatever the Court decides would be final.
He wondered why after the court had freed him President Mohammadu Buhari is still detaining Kanu.
According to Clark, now that the Court of Appeal has given its judgement on the matter, he is persuading the President to obey the judgement of the Court and release the young man.
He stressed that in order to allow peace to reign at this time of insecurity anything that would enhance the peace and stability of the country must be embraced.
Clark recalled that the current case was like that of Asari Dokubo of Rivers State, when he led Elders of the Niger Delta to plead with then President Olusegun Obasanjo on behalf of Asari Dokubo, and what former president Obasanjo said, just like the same thing as Buhari told the Igbo leaders.
He said Obasanjo echoed the same sentiments like Buhari, that the matter was before the Court and that the government would allow the Court to decide on the matter.
“I have deemed it necessary to issue this statement following reports on the stance of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the subsequent concurrence by the National Security Council at its meeting last Friday that the judgement of the Court of Appeal only discharged leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, but did not acquit him of the charges for which he was facing trial.
“I consider this stance of the Federal Government as rather imperious and needless. I, therefore, earnestly call on President Muhammadu Buhari to obey the judgement of the Court of Appeal and order the immediate release of Nnamdi Kanu in the interest of peace in the country, the South East Zone, in particular.
“Most Nigerians greeted the judgement of the Court of Appeal with elation, mainly in the South East, where there were reports of widespread jubilations across cities in the Zone. It would, therefore, be detrimental for the federal government to still keep Kanu in detention and provide any pretext for malefactors to continue to take advantage of the situation in perpetrating all sorts of atrocities in the zone.
“Even though certain activities of Nnamdi Kanu and his IPOB followers have been a nuisance and very disturbing, the Federal Government went too far in going all the way to Kenya to abduct him on the ground that he jumped bail.
“I remember, and it is well known, that when the leaders, elders and Traditional Rulers of the South East pleaded with President Muhammadu Buhari during a meeting in Abakaliki, Ebonyi State, to release Kanu and other pro-Biafra agitators in detention, the President responded that Nnamdi Kanu’s fate will be decided by the Court. And even when they (Igbo leaders) visited him at Aso Rock, the President again said the matter was no longer in his hand and the security agencies, but in the hand of the Judiciary and that whatever the Court decides would be final.
“Now that the Court of Appeal has given its judgement on the matter, I am imploring the President to obey the judgement of the Court and release the young man, and allow peace to reign. At this time, when insecurity is the order of the day, anything that would enhance the peace and stability of the country must be embraced.
“This matter is similar to the case of Asari Dokubo of Rivers State. I recall that when I led Elders of the Niger Delta to plead with then President Olusegun Obasanjo on behalf of Asari Dokubo, Obasanjo said the same thing as Buhari told the Igbo leaders that the matter was in the hand of the Court. And that the government would allow the Court to decide on the matter.” He stated.
Clark said the Attorney-General of the Federation, Mallam Abubakar Malami, needs to appreciate the fact that he is the Chief Law Officer of the Federation as provided in Section 150 (1) of the 1999 Constitution of Nigeria (as amended).
Clark said Malami was expected to play a neutral role at all times and in all matters stressing that he is not the Chief Law Officer of a section of the country, a group, or even the president.
“But, I have, sadly, observed that the Attorney General has, no doubt, abandoned part of his job and is now involved in “executive rascality”, to the chagrin and dismay of patriotic Nigerians at home and abroad.
“The issue as to whether Nnamdi Kanu was only discharged and not acquitted by the Court of Appeal has been decided by the Supreme Court to the extent that sometimes a discharge is the end of a case whereas at other times it may not be so regarded.
“Nonetheless, the judgement of the three-member Panel of the Court of Appeal, which discharged Nnamdi Kanu is explicit and total and requires no further theatrics.
“I take the liberty to cite a Premium Times report of the judgement published on Thursday, October 13, 2022, with the headline: Appeal Court ends Nnamdi Kanu’s trial, and orders IPOB leader’s release
“The Court of Appeal in Abuja, on Thursday, struck out the terrorism charges filed against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) by the Nigerian government. The court struck out all the remaining seven charges against Kanu.
It followed an earlier ruling of the trial judge, Binta Nyako of the Federal High Court in Abuja, in April dismissing eight of the 15 amended counts filed against him by the federal government. In a judgement on Thursday, the Court of Appeal panel led by Jummai Sankey struck out all remaining charges against Kanu, ruling that the lower court “lacks the jurisdiction to entertain the suit.”
“The court held that Kanu’s extradition from Kenya in June 2021 to Nigeria without following the extradition rules was a flagrant violation of Nigeria’s extradition treaty and a breach of the IPOB leader’s fundamental human rights. It held there was no denial by the Nigerian government’s lawyer, David Kaswe, in the appeal as to the submissions of Mike Ozekhome, Mr Kanu’s counsel, that the separatist leader was “extraordinarily renditioned from Kenya.
“The appellate court held that the failure of the federal government to adequately respond to Mr Kanu’s arguments gave merit to the appeal.
“The court further said the Federal High Court failed to examine the findings of the prosecution as it would not have tried Mr Kanu because the IPOB leader was not illegally brought into the country.
“The charges struck out include the ones instituted against Mr Kanu before he was brought back to Nigeria last year.
“It ordered Kanu’s release from the custody of the State Security Service (SSS), where the IPOB has been held since he was brought back to Nigeria.” He stated.
According to Clark, President Buhari should, without further ado, honour the order of the Court and allow Nnamdi Kanu to be released.
He called for the release of Kanu perhaps, with conditions that he would maintain the peace and work to bring to an end the needless ‘Monday Sit-At-Home order,” which has disturbed businesses and civil activities in the South East.
“I am certain that Kanu’s release from detention will also expose those perpetrating the kidnappings and horrifying killings of security officers and other innocent citizens in the zone.
“I have long associated myself with the Igbo cause; I recall that in January 1970, as Commissioner for Education in the then Mid-West State, I accompanied my Governor, Col. S O. Ogbemudia, to congratulate General Yakubu Gowon on the successful end of the civil war.
“Rather surprisingly, he admonished us that the war was a family fight, that there was no victor, no vanquished, and that we should return home, reconcile and resettle the Igbos, who had earlier thronged the Midwest as a haven.
“We did, and this is what General Gowon said in his forward to my memoirs, under print.……. At that time, foremost in my mind was how to reintegrate the people of the South-East, rather than congratulations, I would prefer that they, mainly the Governor and EK, returned to their posts to oversee the implementation of our “3R” Policy: Reconciliation, Rehabilitation/Reintegration and Reconstruction. I stated that the conflict had been “a family fight”, and consequently there was “no victor, no vanquished”.
“On their return, Governor Ogbemudia selected Chief Edwin Clark to head the assignment. EK was then Commissioner for Education, and he was exceptional within his role. Whilst in the South-East, Chief Clark was able to make the Igbos with whom he came into contact, feel at ease again. He also helped them to believe that they could place their faith in the Nigerian State.
According to Chief Clark, his delegation toured various locations, particularly schools, and took note of what resources were most urgently needed.
He disçlosed that together with generous donations from the Governor, Col. S. O. Ogbemudia, and the people of Mid-West State, EK provided ravaged schools, such as Queen’s School, Enugu; Union Secondary School, and others, with essential materials and equipment.
Clark said in order to properly address the feelings of alienation and exclusion, the federal government needed to negotiate and dialogue with the Igbo groups and other disaffected groups in the country.
He said the same gesture should be extended to Sunday Igboho and his group in the South West, and provide them with the assurance that they belong to this country and are on equal footing with the others.
