Supreme Court slams Nigeria’s security operatives for violating Nnamdi Kanu’s rights
The Supreme Court of Nigeria on Friday slammed the Nigerian security agency for violating Nnamdi Kanu’s rights by invading his house illegally.
In the judgment prepared by Justice Garba Mohammed, the court condemned the invasion of Kanu’s residence, saying it was irresponsible.
The court said the government has no justification to blame Kalu for running away from the country, given the way its security operatives have behaved.
The apex court urged Kanu to seek redress for the violation of his rights by filing a civil suit.
“…we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.
The court however said “No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.
It therefore set aside a judgment of the Nigerian Court of Appeal that dismissed the terrorism charges against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The apex court held that the court of appeal was wrong to have held that the trial court couldn’t try him because the prosecution violated his rights.
It held that there is no law in the country stopping a trial based on the violation of the rights of a suspect.
Mohammed said, “If the police should destroy the house of a suspect to obtain exhibits, should that diverse the court against entertaining the offence?
“His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.
“We decided not to go with the court of appeal. Though we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.
“No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.
“The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed.”
Kanu was first arrested in 2015 under the administration of former Nigerian President Muhammadu Buhari.
He was subsequently granted bail in April 2017 and fled the country after an invasion of his home in Afara-Ukwu, near Umuahia, Abia State, by the Nigerian military in September 2017.
Kanu was re-arrested in Kenya and brought back to Nigeria in June 2021.
He was arraigned before the Federal High Court in Abuja on four charges of treasonable felony, conspiracy to commit treasonable felony, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari.
The charges were later withdrawn by the former Attorney General of the Federation, Abubakar Malami, SAN, who replaced them with a fresh 14-count charge bordering on terrorism and membership in a proscribed group, among others.
The court, however, reduced the charges to seven.
The Court of Appeal sitting in Abuja on October 13, 2022, held that the way Kalu was brought back to Nigeria violated the country’s extradition treaty and was also a breach of his fundamental human rights.
The appellate court also struck out the terrorism charges filed against Kanu by the Nigerian government and ordered his release from the DSS facility.
The FG, through the office of the Attorney-General of the Federation, appealed the court ruling and subsequently obtained an order staying the execution of the court judgement at the Supreme Court.
Kanu, through his lawyers, filed an appeal against the stay of execution order at the apex court on November 3, 2022.
Displeased by the verdict of the appellate court, the FG filed an appeal at the Supreme Court, which has now ordered that Kalu should get set for trial.
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