…By Dorcas Funmi for TDPel Media.
Aloy Ejimakor, the Special Counsel representing the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, emphasizes that the release of Kanu is not an act of mercy but rather a necessary step to comply with a court order.
Ejimakor states that the ongoing advocacy for Kanu’s release should not be misinterpreted, as his detention is deemed extrajudicial and unconstitutional.
In a statement, he highlights the legal basis for Kanu’s release and the violations that have occurred.
Upholding the Court Order:
Ejimakor asserts that releasing Nnamdi Kanu is not an act of mercy, executive clemency, or amnesty.
Rather, it is a matter of adhering to a valid court order or an international tribunal decision that has declared his detention illegal.
He argues that the Nigerian government must either comply with the court order or invoke constitutional provisions to discontinue the prosecution, as the current case against Kanu is deemed unsustainable.
Legal Challenges and Rulings:
The counsel points out previous legal challenges related to the proscription of IPOB and the subsequent mistreatment of its members.
He mentions a continental legal challenge he initiated against the proscription, which resulted in a favorable ruling in March 2018.
The continental tribunal ordered the Nigerian government to reverse the proscription and halt law enforcement actions against Nnamdi Kanu and IPOB members.
Ejimakor also highlights a constitutional suit he filed, which led to a ruling in October 2022 declaring the extraordinary rendition and subsequent detention as clear violations of the constitution.
International Directives and Obligations:
Referring to a United Nations opinion in July 2022, Ejimakor underscores the unequivocal directive for the unconditional release of Kanu.
He emphasizes that Nigeria, as a member of the United Nations, is bound by treaty and customary international law to comply faithfully with this directive.
Failing to do so would reflect poorly on Nigeria’s respect for the United Nations, an institution instrumental in Nigeria’s journey to independence.
The Fallacy of Mercy and Pending Appeals:
The counsel disputes the notion that releasing Nnamdi Kanu is an act of mercy that hinges on the conclusion of a pending appeal before the Supreme Court.
He asserts that Kanu’s fate does not rest solely on this appeal, as multiple cases, both domestically and internationally, aim to secure his release.
Ejimakor argues that previous favorable rulings by the Federal High Court and the United Nations, which have concurrent jurisdiction over the rendition, make it false to claim that the Supreme Court alone holds the key to his freedom.
Unjust Imprisonment and Conditions:
Ejimakor highlights the fact that Nnamdi Kanu is neither currently facing trial nor does he have any pending charges against him.
Therefore, his ongoing detention amounts to imprisonment without conviction.
He characterizes it as false imprisonment by the state, made worse by the harsh conditions in the Department of State Services (DSS) cell where Kanu is held.
Conclusion:
In conclusion, Aloy Ejimakor, the Special Counsel for Nnamdi Kanu, emphasizes that releasing the IPOB leader is not an act of mercy but a legal obligation to comply with court orders and international directives.
He challenges the misconception that Kanu’s release depends solely on a pending appeal, asserting that multiple legal cases support his freedom.
Ejimakor underscores the injustice of Kanu’s imprisonment without conviction and calls attention to the detrimental conditions in which he is being held.