 |
| Nnamdi Kanu |
On Monday, the Federal Government explained why it had disobeyed the Court of Appeal's ruling ordering it to release Nnamdi Kanu, the incarcerated leader of the Indigenous People of Biafra, or IPOB.
In an affidavit it submitted in support of its request to suspend the judgment's implementation, FG referred to Kanu as "a flight risk person" and insisted that the case against him raises national security concerns.
FG contended that whenever a case touched on national security, the right of the person impacted takes a back seat, citing the Federal Republic of Nigeria v. Asari Dokubo case law as support.
FG statement reads;
“The Respondent is a flight risk person. It is important to appreciate the gamut of depositions in our application.
“One of the ground 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”, FG argued through its lawyer, Mr. David Kaswe, an Assistant State Counsel in the office of the Attorney-General of the Federation.
In addition, it informed the court that there was information to suggest that releasing Kanu from custody would worsen the region's security situation in the South East.
Chief Mike Ozekhome, SAN, the attorney for Kanu, argued that the FG's motion was effectively a request for a citizen's liberty to be suspended, and he urged the appellate court to reject it.
Ozekhome said;
“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 stated that Dokubo's situation was distinct from Kanu's.
According to him, the appeal court has already concluded Kanu's trial and ordered his freedom, whilst Dokubo requested bail, pending the outcome of the charge against him.
A three-member panel of appellate court justices, chaired by Justice Haruna Tsanami, held off on making a decision until a time that would be disclosed to the parties after hearing from both sides.
