Igbo leaders on Wednesday sustained their pressure on the Federal Government for the release of the embattled leader of the Independent Peoples of Biafra, Nnamdi Kanu, with a visit to the Attorney-General of the Federation, Lateef Fagbemi, SAN, in Abuja.
Senators from the South-East numbering 15, led by a former Abia State Deputy Governor, Senator Enyinnaya Abaribe, met with the AGF to plead with President Bola Tinubu for Kanu’s release.
They also submitted a letter to the AGF seeking a political solution to the criminal charges against Kanu.
The visit happened 24 hours after the South-East Governors’ Forum at its meeting resolved to approach the President to rethink the continual detention of the IPOB leader.
The clamour for a political solution to Kanu’s case has heightened recently with Igbo political and traditional leaders, including the apex Igbo socio-cultural group, Ohanaeze Ndigbo, pressing the Federal Government to drop the terrorism charges against the IPOB leader.
Kanu, who pleaded not guilty to the charges, has been in the custody of the Department of State Services since June 2021after he was repatriated from Kenya.
The Federal High Court in Abuja on March 19, 2024, rejected the IPOB leader’s bail application.
However, the trial judge, Justice Binta Nyako, granted an accelerated hearing instead.
At the same time, Kanu’s counsel, Alloy Ejimakor, stated that his client’s health condition was deteriorating, adding that his continued detention by the DSS was a threat to his life.
In collaboration with other Igbo leaders, the Imo State Governor, Hope Uzodinma and his Abia counterpart, Okezie Ikpeazu, have also been involved in the push for Kanu’s release, citing the need for peace and stability in the South-East region.
Ohanaeze Ndigbo, in a statement last Sunday, tasked all the five South-East governors and traditional and religious leaders to work as a team to push for Kanu’s release from custody.
Also, the lawmaker representing Ikwuano/Umuahia North/Umuahia South Federal Constituency in Abia State, Mr Obi Aguocha, sought the intervention of former President Muhammadu Buhari to secure Kanu’s freedom.
A statement issued on Sunday by Aguocha’s media team quoted the federal lawmaker as telling Buhari in his Daura country home, “For the missteps, utterances, and ill gestures of the past, especially on the part of my constituent and brother, Nnamdi Kanu, I am deeply sorry.”
Aguocha recently led 50 members of the House of Representatives drawn from across the six geopolitical zones to sign a letter appealing to Tinubu to direct Fagbemi to invoke section 174(1)(c) of the 1999 Constitution as amended and section 107 of the Administration of Criminal Justice Act, 2015, in setting the pathway to reaching the desired outcome.
On April 1, the Deputy Speaker of the House of Representatives, Benjamin Kalu, revealed that efforts were ongoing to secure Kanu’s release.
He noted that while the court processes were ongoing, political solutions were in progress as well.
Briefing journalists after they met with the AGF, the senators bemoaned the sit-at-home order and killings in the South-East on account of Kanu’s continued detention.
The lawmakers noted that the economy and social life in the South-East had been crippled by IPOB’s agitation for Kanu’s release.
Abaribe said, “These are members of the South-East Senate Caucus. We are here to see the Minister of Justice and Attorney General of the Federation on an important matter to the people of the South-East concerning Mazi Nnamdi Kanu and his incarceration.
“The South-East Senate Caucus, just like the rest of the people in the South-East, the business leaders, the clergy, the political people and the rest of the people in the South-East are all very worried about it, knowing the fulcrum of what is happening in the South-East regarding the insecurity.
“All the criminals and people going around causing mayhem in the South-East have all said that it is because Mazi Nnamdi Kanu is being held.
“We know that this is not the truth, it’s just that we have got to the point where people are now hijacking a legitimate call for his release and turning it into something that has led to deaths and destruction of property and so many other indescribable mayhems that is happening in the South-East.’’
Abaribe added, “So, we came to meet with the Attorney-General because we know that at the end of the day, everything that happens in the legal system will eventually come to his office.
“So, we came to appeal to him to let Mr President know that all leaders of the South-East feel that the release of Mazi Nnamdi Kanu will help in dousing all the tension on everything that is going on in the southeast and we are very certain that his duty as the attorney-general also gives him the powers to not only prosecute but make sure that litigation and the sufferings of the people do not continue.”
Abaribe also disclosed that on behalf of the caucus, he met with Kanu on Monday at the DSS headquarters and Kanu agreed to abide by the terms of any conditional release granted him.
The senators in a letter submitted to the AGF requested an out-of-court settlement.
The letter read in part, “I write on behalf of the South East Caucus of the Senate, National Assembly, Federal Republic of Nigeria, on whose behalf I extend warm greetings to your esteemed office.
“We write in respect of Mazi Nnamdi Kanu. We refer to the events of June 19, 2024, at the Federal High Court, Abuja, where both defence and prosecution attorneys, in line with Section 17 of the Federal High Court Act, discussed the possibility of an out-of-court settlement in the case of Mazi Nnamdi Kanu.
“The possibility of this out-of-court settlement was affirmed by Honourable Justice Binta Nyako who stated that parties are at liberty to explore out-of-court settlements if they both agree.”
It added, “Mazi Nnamdi Kanu is currently facing treasonable felony charges brought against him by the Federal Government of Nigeria. As the Honourable Attorney-General of the Federation and Minister of Justice, we recognise that you have the statutory and inherent power to settle and compromise any legal matters on behalf of the Federal Government of Nigeria, being the Chief Law Officer hence this letter to you.
“We recall that in a notice of discontinuance, dated February 14, 2024, you had called for the discontinuation of the treasonable felony charges against former Presidential candidate of the African Action Congress (AAC), Mr. Omoyele Sowore, referencing the powers conferred on you as our Attorney General by Section 174 (1) (c} of the Constitution of the Federal Republic of Nigeria 1999 as amended, and Section 107 (1) of the Administration of Criminal Justice Act 2015.”
The letter further explained that Sunday Adeyemo alias Sunday Igboho, whose case was similar to that of Kanu and who was held in Benin Republic, had since been granted freedom and has rejoined his family and friends in Nigeria.
The letter added, “We recall also that in May 2024 the Federal Government through your office had withdrawn the terrorism charges against the President of Myetti Allah, Bello Badejo.’’
Meanwhile, the IPOB leadership warned those frustrating the release of Kanu to desist from doing so, saying their ‘unholy’ acts were being monitored.
The group said this in a statement by its Director of Media and Publicity, Emma Powerful, on Wednesday.
Also, the South-East lawmakers in the House of Representatives called on the President to consider releasing Kanu.
The South-East caucus in the House made the call in a statement signed by the 43 lawmakers from Anambra, Abia, Enugu, Imo and Ebonyi States.
The signatories to the statement include the Deputy speaker of the House, Benjamin Kalu (Abia); the Deputy minority whip of the House, George Ozodinobi (Anambra); the leader of the South-East caucus, Enwo Igariwey (Ebonyi); the Deputy Leader of the caucus Nnolim Nnaji (Enugu) and the Secretary of the caucus, Miriam Onuoha (Imo) and others.
The lawmakers noted that an out-of-court settlement remained the best option, adding that it would also restore peace in the South-East geo-political zone.
The statement read, “A few days ago, at the resumed hearing of the case against Mazi Nnamdi Kanu currently pending at an Abuja Federal High Court, presided over by Justice Binta Nyako, the issue of the out-of-court settlement of the matter was discussed between Mazi Nnamdi Kanu’s lawyer, and the Attorney General and Minister of Justice.
“According to newspaper reports, and our verified accounts of proceedings from those who were in court on that day, the court displayed sufficient support for the out-of-court settlement of this case, being one of the acceptable canons of dispute resolution in our civil and criminal jurisprudence.
“As a caucus of the House of Representatives from where Mazi Nnamdi Kanu hails, we have taken liberty, in consonance with parliamentary practice, to seek the support of other regional caucuses of the House of Representatives, to achieve a quick and responsible resolution of the seemingly intractable Mazi Nnamdi Kanu case, a legal impasse that is undoubtedly the missing puzzle in solving the lingering security conundrum in the South-East of Nigeria.
“We, therefore, as representatives of the five South-East states in the House of Representatives, urge Mr President, to consider the release of Mazi Nnamdi Kanu and his other similarly detained followers.
“We are convinced that a political settlement of this matter by way of an out-of-court settlement, as canvassed before Justice Binta Nyako, is the quickest, most effective, and honourable way of closing this difficult and painful chapter of our national history.
Meanwhile, former President Olusegun Obasanjo, on Wednesday, said that the issue of releasing Kanu was not part of his discussion with the South-East governors in Enugu, on Tuesday.
Obasanjo said though he and a former Secretary General of the Commonwealth, Chief Emeka Anyaoku, met with the governors to discuss regional development issues, the purported planned release of Kanu by the Federal Government was not part of what was discussed.
The former President clarified on Wednesday in a statement by his Special Assistant on Media, Kehinde Akinyemi.
But Akinyemi in his statement quoted Obasanjo to have said, “The regional development issues discussed included that of security and infrastructure. Others were economic and cooperative/collaboration, which was meant to complement the national economic development agenda.
“The meeting with them was at my invitation and of Chief Emeka Anyaoku before their summit begins. The issue of Nnamdi Kanu was not on the agenda and was not discussed in my presence.’’
Kanu, on Wednesday, denounced the killings in the South-East over the group’s agitation for secession.
He also appealed for an out-of-court settlement of his ongoing treason trial by the Federal Government.
The IPOB leader appealed on Wednesday when he appeared for the continuation of his trial at the Federal High Court in Abuja.
A viral video captured him denouncing killings in the South-East fuelled by IPOB’s agitation for separation of the Igbo from Nigeria.
In a conversation with his lawyers, who pointed out to him that he needed to speak up to stop the killings, Kanu said, “I condemn any manner of killing. Every manner of killing, I condemn in its entirety.’’
“I want people to understand that IPOB was founded on a non-violent principle and we maintain that up till this very day. Some of these soldiers, we’re told, are also our people. And the families are now in mourning. All the making of young widows is condemned in its entirety. I don’t want it, I don’t want anybody to die.’’
Kanu, through his lawyer, Ejimakor, informed Justice Nyako and the prosecuting counsel, Chief Adegboyega Awomolo (SAN), that “The defence wants the case settled out of court.”
Ejimakor complained to the court that the DSS had not fully complied with the orders of the court to allow the legal team unfettered and free access to the defendant to prepare him for his trial.
The lawyer complained that Kanu’s cell was bugged by the DSS, making the lawyers conscious during their meetings.
He added that this has led the legal team to resolve to initiate contempt proceedings against the Director General of the DSS for refusing to obey the court’s order which had directed the DSS to grant Kanu an unbugged “safe room” space for meeting with his lawyers.
Ejimakor asked the court to on its own, invoke section 17 of the Federal High Court Act, which he stated, provides for “Reconciliation” and facilitation of amicable settlement in criminal or civil matters.
He said he had previously discussed the proposition with the prosecution counsel who had told him the proper time for such an issue had not come.
The Federal Government’s lawyer, Awomolo, however, told the court that it was not in his place to seek an out-of-court settlement of the matter.
Awomolo told Kanu’s team to “Approach the Attorney-General of the Federation on such issues as the power to grant such resides with him.”
He noted that the AGF was the one with the power to approach the court for an out-of-court settlement.
The prosecutor stressed that he did not have the order of the Federal Government to embark on such negotiation with the defendant.
“I told him to go to the Attorney-General of the Federation, who has the power. If he is interested in negotiating he should go there, his office is just here,” Awomolo said.
In response, Justice Nyako said the court had no issues with Kanu’s proposition for an out-of-court settlement and advised him to approach the AGF for the possibility.
She, however, ordered the DSS to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare him for trial.
She explained that what she meant by unbugged space is someplace outside the DSS building like a garden within the DSS premises where Kanu and his lawyers could discuss outside the hearing of the DSS operatives.
On the issue of Forms 48 and 49, seeking the imprisonment of the DSS Director General for alleged contempt, the trial judge said the two applications were not before her.
She assured the parties that the matter would be looked into when the file came before her.
Meanwhile, Kanu, in a fresh application before the court, prayed for the dismissal of the charges against him for being unconstitutional.
He contended that the prosecution failed to indicate the exact location where he made an alleged offensive broadcast.
Ejimakor argued that the court lacked jurisdiction since the prosecution failed to show in the charge whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his re-arrest.
The judge, however, dismissed Kanu’s fresh application challenging the jurisdiction of the court to hear and determine the charges preferred against him.
The court held that it could not overrule itself on issues it had already resolved.
Nyako held that the only option left for the applicant was to proceed on appeal.
She ordered the prosecution to file and serve its proof of evidence on the defendant while the defendant filed his defence pending the next adjourned date.
She adjourned the matter till September 24 for a hearing.
The Ohanaeze Ndigbo welcomed Kanu’s proposal for an out-of-court settlement.
The group also commended the pro-Biafran leader over his call for an end to violence and insecurity in the South-East.
Speaking on the development, the Deputy Vice-President (South-East), Ohanaeze Ndigbo, Chief Vincent Aham, said, “It is a welcome development the call by Mazi Nnamdi Kanu to seek negotiation with the FG.
‘’Elder statesmen like the late ex-Aviation Minister, Mbazuluike Amechi, and several others, had sought political solutions and negotiation over the release of Kanu, during the last administration of Muhammadu Buhari.
“It is our belief that his release will go a long way to douse the tension in the South-East triggered by insecurity and killings. Kanu himself has consistently maintained that the killings and insecurity in the region should stop, maintaining that IPOB was created based on a ‘non-violence’ platform.’’
Reports by: Temitope Omogbolagun, Dirisu Yakubu, Deborah Musa, Gbenga Oloniniran and Ikenna Obianeri, Raphael Ede, Edward Nnachi and Bankole Taiwo
