Appeal Court Verdict: Resign Now, IPOB Lawyer Tells Malami

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Nnamdi Kanu with his lawyers

Sir Ifeanyi Ejiofor Esq, lead counsel to the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has called on the Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN, to resign from office.

Ejiofor asked Malami to quit office following the Justice Minister’s infamous reaction shortly after the Court of Appeal, Abuja Division’s judgment on Thursday, which quashed all the 15-count charges filed against Kanu by the federal government.

The AGF had said “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted. The decision handed down by the court of appeal was on single issue that borders on rendition.

“Let it be made clear to the general public that other issues that predates rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination,” Malami said.

The AGF had indicated that the federal government is considering the options it has, including proceeding only with the counts that were pending against Kanu before the bloody invasion of his house on the 14th of September, 2017.

However, in a swift reaction on Friday, Ejiofor blasted the AGF and was categorical in calling for his resignation.

“Now, for the avoidance of doubt, the Federal Government has no options. It has only one option, namely, to appeal against the judgment of the Court of Appeal to the Supreme Court. And the exercise of this latter option shall not constitute a bar to immediate compliance with the order of the Court of Appeal which directed for the immediate and unconditional release of Onyendu Mazi Nnamdi Kanu.

“The order made by the Justices of the Court of Appeal is sacrosanct and must be obeyed immediately without further ado. The Attorney General of the Federation’s reference to the charge pending against Onyendu before he left Nigeria in 2017, and the indication that the Federal Government may continue with the charge really shows his total disconnect with the law, with the greatest respect to his office.

“It is to be noted that the remaining 7 Count charge that was struck out by the Court of Appeal after it allowed the appeal

on the ground that the Federal High Court has no jurisdiction to try Onyendu Mazi Nnamdi Kanu is the same charge (with the same charge Number—to wit: FRN VS NNAMDI KANU, CHARGE NO: FHC/ABJ/CR/383/2015, that has been pending against Onyendu MAZI NNAMDI Kanu at the Federal High Court since 2015″.

“The prosecution has amended this charge about 7 times. It is the same charge that was amended to include other counts that brought the counts to 7 and then to 15.

“The Federal High Court struck out 8 counts and retained 7. On appeal, the Court of Appeal struck out the whole charge and held that the lower court had no jurisdiction to try Onyendu Mazi Nnamdi Kanu.

“That being so, that charge that has been pending against MNK since 2015 and containing counts of alleged offences committed by him before he escaped from being killed in Nigeria in 2017, no longer exists. It has been struck out.

“There is therefore no existing charge on the basis of which the Federal High Court can proceed and try Onyendu.

“Accordingly, as it stands today, there is no criminal charge pending against Onyendu Mazi Nnamdi Kanu.

“The declaration by the Court of Appeal that the Federal High Court has no jurisdiction to try Onyendu MAZI NNAMDI KANU because of the illegality of his abduction and extraordinary rendition to Nigeria is an all-pervading instrumentality that effectively bars any indictment of Onyendu Mazi Nnamdi Kanu in any court in Nigeria.

“As his forceful abduction in Kenya and rendition to Nigeria violates all known International Conventions and Protocols to which Nigeria is a state party, no prosecution against him in Nigeria can ever be undertaken.

“This is because a cause of action cannot arise from a base ground- Ex turpi causa non oritur actio.

“The Attorney General of the Federation should be appropriately guided in law. I implore him to meticulously read the full judgment of the Court of Appeal, immediately comply with Orders made therein and possibly consider the most appropriate option of voluntarily resigning, for exposing the Federal Government to this international embarrassment/ridicule,” Ejiofor said.

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