The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has announced a reward of N1 million for any Nigerian law student who can provide a judicial precedent where a judge granted a stay of execution in a criminal case where the defendant had already been discharged and acquitted.
This pledge was conveyed on Thursday through Kanu’s legal team, led by his Special Counsel, Barrister Aloy Ejimakor. The announcement follows Justice Haruna Tsamani’s October 2022 ruling at the Appeal Court, which granted the Nigerian government a stay of execution against a judgment that discharged and acquitted Kanu of terrorism and treasonable felony charges.
Background of the Case
In 2022, a three-judge panel of the Appeal Court declared that Kanu’s extraordinary rendition from Kenya by the Nigerian government violated international conventions, treaties, and protocols, as well as Kanu’s fundamental human rights. The court ruled that the government’s actions amounted to a gross abuse of criminal prosecution.
The appellate court criticized the government for failing to refute allegations that Kanu was abducted from Kenya without proper extradition procedures. It described the government’s silence on the issue as critical to determining whether the trial court had jurisdiction to continue with the case.
The court ultimately dismissed all charges against Kanu, accusing the government of “serious abuse of power” and “executive recklessness.”
Legal Challenges
Despite the Appeal Court’s ruling, the Nigerian government filed an appeal at the Supreme Court and secured a stay of execution to keep Kanu in custody. Speaking at a press conference in Abuja, Kanu’s legal team emphasized that his continued detention by the Department of State Services (DSS) is illegal and not backed by any court order.
According to the legal team, the charges against Kanu were quashed due to a lack of jurisdiction and violations of both Kenyan and Nigerian extradition laws. They argued that the stay of execution granted by Justice Tsamani was unprecedented, asserting that no legal system has ever allowed an acquitted individual to remain detained under such an order.
The N1 Million Challenge
Confirming Kanu’s pledge, his legal team said:
“Mazi Nnamdi Kanu offers N1,000,000 to any law student in Nigeria who can find a judicial precedent supporting the stay of execution in criminal proceedings where an acquitted individual is denied freedom. This injustice is a blemish on Nigeria’s legal system.”
The team also highlighted that Kanu’s ordeal is influenced by ethnic bias, stating:
“This decision was granted because Mazi Nnamdi Kanu is of Igbo descent and must suffer, irrespective of the law.”
Supreme Court’s Position
Kanu’s legal team referred to a Supreme Court finding that acknowledged the illegality of the military’s invasion of Kanu’s home, which forced him to flee. The court held that fleeing to preserve one’s life under such circumstances is a reasonable act. Additionally, the High Court of Enugu State recently ruled that the proscription of IPOB and the actions against Kanu were unconstitutional, violating his rights as an Igbo person.
The team noted that these judgments remain valid but have not been implemented, questioning the disregard for court rulings:
“Are Nigerian court orders and judgments meaningless, or are they selectively ignored when it comes to Mazi Nnamdi Kanu?”
The Right to Self-Determination
The lawyers reiterated Kanu’s constitutional right to advocate for Biafra, emphasizing that self-determination is recognized under Nigerian law and international charters. They concluded by labeling Kanu’s continued detention as a blatant disregard for the rule of law.
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