"Stooping low to forgive those who wronged you, or letting go of their offences is one of the greatest traits of leadership and maturity. Those who seek peace don’t go about beating drums of war" – Anonymous

The day was Thursday October 13, 2022 and the news that came out of the inner sanctum of the Appeal Court, Abuja Division, sparked wild jubilation across the length and breadth of South East. The news was sweet especially for members of Indigenous People of Biafra, IPOB, whose Leader, Mazi Nnamdi Kanu, has been having a long-drawn battle with the federal government over trumped-up charges of terrorism. The long road to freedom for Mazi Kanu came to a halt following the Appeal court judgment which discharged and acquitted him of terrorism charges filed by APC led government under President Buhari.

In a unanimous judgment, the Court of Appeal struck out the terrorism charges filed against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) by the Nigerian government. The court struck out all the remaining seven charges against Mr. Kanu. It followed an earlier ruling of the trial judge, Binta Nyako of the Federal High Court in Abuja, in April dismissing eight of the 15 amended counts filed against him by the federal government.

Delivering judgment on Thursday, a three-member panel of the appellate court, led by Hanatu Sankey, held that the federal government flouted the Terrorism Act, Extradition Act, and also violated international conventions and treaties guiding the extradition of Kanu from Kenya and that his fundamental human rights were breached. It held there was no denial by the Nigerian government’s lawyer, David Kaswe, in the appeal as to the submissions of Mike Ozekhome, Mr. Kanu’s counsel, that the separatist leader was “extraordinarily renditioned from Kenya.”
The appellate court held that the failure of the federal government to adequately respond to Mr. Kanu’s arguments gave merit to the appeal. The court further said also the Federal High Court failed to examine the findings of the prosecution as it would not have tried Mr. Kanu on the grounds that the IPOB leader was not “illegally brought into the country.” The charges struck out include the ones instituted against Mr. Kanu before he was brought back to Nigeria last year.

GOVERNMENT’S INSENSITIVE RESPONSE
Prior to the appeal court judgment, prominent Nigerians, groups and some international bodies have written to President Buhari, seeking political solution to the Nnamdi Kanu case especially given its security implications and seeming breakdown of law and order in the South East. One would have ordinarily expected that with the appeal court judgment, government would obey same and order the DSS to release Kanu from detention. But that was not to be as the Justice Minister, Abubakar Malami, who signed the international extradition treaty on behalf of government, broke the law, kidnapped Kanu in Kenya, brought him to Nigeria, has gone ahead to appeal the judgment at the Supreme Court. He is also asking for a stay of execution of the Appeal court judgment.
Reacting in a statement through his spokesperson, Umar Gwandu, Malami said the court of appeal did not go into the substantive case which was ongoing before Kanu jumped bail. “For the avoidance of doubt and by the verdict of the court, Kanu was only discharged and not acquitted. Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public. The decision handed down by the court of appeal was on a single issue that borders on rendition. Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination. The federal government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.” he said.

Corroborating the position of the Attorney General of the Federation, the national security council (NSC) backed the position of the attorney-general of the federation (AGF) regarding the verdict of the appeal court on the case involving Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB). Muhammad Dingyadi, Minister of Police Affairs, said this on Friday while speaking with journalists after a meeting of the national security council (NSC).

“The issue of Kanu has also been raised and council was briefed on the state of things on the matter. And it was observed that Kanu was discharged but he is not acquitted. So, government is considering the appropriate action to be taken on the matter and Nigerians will be notified of the position that will be finally taken on the matter in due course.” Dingyadi said.

Methinks government is travelling the same route it used in the past to quell the crisis without result. This same government refused to obey countless court orders granting bail to Nnamdi Kanu. Even when he finally got released, on the day he was to appear in court, government sent the Military to destroy his father’s compound ostensibly in an attempt to take Kanu out, dead or alive. In the process, the palace of Kanu’s father, who was the paramount ruler of Afarauwku in Abia State, was desecrated. The respected traditional ruler, his wife and a handful of others, were killed in the process. As if that was not enough, federal government through an intel, kidnapped Kanu in Kenya and extradited him to Nigeria in fragrant abuse of international laws.

The present government seems to lack the ability in solving crisis both in the South East and insecurity elsewhere. Underneath the issue of insecurity are unemployment, injustice, marginalization. Instead of addressing these issues as raised by IPOB, government resorts to intimidation, harassment and militarization of the zone. Buhari has not helped matters and his utterances have fueled the crisis the more.
Recently, President Buhari during an interview with Arise TV said ‘” IPOB is just like a dot in a circle. Even if they want to exit, they will have no access to anywhere. And the way they are spread all over the country, having businesses and property, I don’t think IPOB knows what they are talking about. In any case, we say we’ll talk to them in the language that they understand. We’ll organise the police and the military to pursue them.” That is the position of a supposed leader who wants to hand over a peaceful, united and better Nigeria in 2023. Therefore, refusing to obey the appeal court judgment by allowing Kanu to go free, the government under Muhammadu Buhari is engaging in double standard, hypocrisy, ethno-centric jingoistic chauvinism of the highest order and beating the drums of war in a very critical election period. Nigerians who voted him, if at all they did, did not bargain for this kind of situation where a supposed leader will be the one to fuel crisis in a region for whatever reason.

IMPLICATIONS OF NOT RELEASING KANU
I agree that government has a right to appeal the case against Nnamdi Kanu. But that has to be done in the context of government obeying the judgment of the appeal court first by releasing Kanu. Human rights lawyer, Inibehe Effiong seems to hold same views when he said, “Should the federal government decide to appeal the discharge and acquittal of Nnamdi Kanu by the appeal court, it must still release Kanu. This is because the liberty of a citizen cannot be stayed. There is no room for stay of execution in this kind of case. When the court said has been discharged and acquitted, acquittal in law means absolute exculpation. So, you cannot, under the basis that you have appealed, hold Kanu back,” Effiong said on Twitter.

Another implication of not releasing Kanu is that the Federal Government is already committing an infraction of the constitution. That is a violation of his rights to personal liberty under section 35 of the constitution.” Effiong added that the Attorney-General of the Federation, Abubakar Malami, should be sacked or honourably resign for allowing alleged abduction and extra-ordinary rendition of Mr. Kanu and that the ruling was an indictment of President Muhammadu Buhari’s administration.

Other consequences are the continuous break down of law and order and near collapse of law and order. That part of Nigeria seems to have approached a Hobbesian where life has become short, brutish and anarchy reigns supreme. It is a sad reminder of the consequences the Igbos went through during the Civil War. Fear and insecurity have taken over the entire South East.
Conducting elections may seem a tall dream unless as usual, there will be a heavy military presence. The economy of the zone is nosediving due to constant orders to sit at home by IPOB. It is estimated that more than 200 billion naira have so far been lost by various individuals and businesses due to the sit at home order while several other billions are lost due to destructions and investors presently avoid South East. Lives of innocent citizens are daily being wasted by both security forces and IPOB.

PIECE OF ADVISE TO MAZI NNAMDI KANU
Agreed that Mazi Kanu has built a cult followership for himself; is now a hero and freedom fighter promising his people that Biafra Nation will be achieved, methinks it is time he took a break and re-strategise. I am not against IPOB agitation but everything seems to be wrong with the modus operandi. Nobody is an island unto himself. You cannot get Biafra without the consent of the people. Mazi Kanu has refused to sit with the leaders of the South East. He calls them all sort of names and see them as his enemies. He forgets that he is a non-state actor and needs state actors to achieve his aim. He seems to look the other way while the youths destroy government buildings, kill security forces, citizens, and take up arms against constituted authorities. While in prison custody, his followers and some criminal elements, turned their anger and barrel of the gun against the very people they claim to be fighting for. Does freedom fighting involve intimidating, harassing and killing your own blood, destroying their properties and means of livelihood? This is madness, irresponsibility, insurrection that deserves the condemnation of all right-thinking South Easterners. The perpetrators deserve a spot at Kirikiri prison.

THE WAY FORWARD
In any crisis situation, the need for dialogue, negotiation and compromise cannot be over emphasized. Methinks it is time the federal government came down from its high horse and call the leaders of IPOB and South East to a sincere round table. It is time for government to stop reminding the Ibos how they were treated during the civil war. Mazi Nnamdi Kanu should be allowed to go home based on the appeal court judgment while his followers in prison custody should be unconditionally released to the leaders of the South East. After all, this same government has been releasing Boko Haram terrorists for free. May I call on all stakeholders to prevail on the President to adopt a political solution to the issue of the IPOB as “might is right”. is not applicable in all situations. Late President Yar’dua applied the carrot and the stick approach in the Niger Delta and it worked. President Buhari should follow suit.

Also, Mr. President should mind his utterances henceforth. The genocide in Rwanda was fueled by utterances of the leaders. Mr. President cannot be preaching peace when it comes to matters concerning Boko Haram, Killer Herdsmen and Bandits but threatens fire and brimstone when it concerns IPOB or Nnamdi Kanu. This is double standard of the highest order. If Boko Haram, killer herdsmen and bandits are granted amnesty and empowered with tax payers’ money, IPOB members deserve the same or better treatment. The South East Development Commission should be established same way the Niger Delta Development Commission and North East Development Commission were set up to address peculiar needs of the affected zones. Since after the war, nothing has been done to assuage the feelings of the Igbos who still suffer the brunt of the war. It is important for us to provide a space for conversation and reflection with the intention of creating a productive space for mutual understanding. The official policy of “reconstruction, rehabilitation and reintegration” should be reenacted, apologies rendered and compensation paid where necessary. Truth and Reconciliation-type mechanism to process the brutality of the war; should be established.

Mazi Nnamdi Kanu should call his followers to order by asking them to stop these senseless killings, wanton destruction of public places and sit at home order. For the political jobbers and choppers of Igbo extraction who are looking the other way, your days of reckoning are fast approaching. You shall all pay for your sins one after the other unless you retrace your steps and tow the path of peace, development and prosperity for the people of South East. Posterity will judge you all if you do not rise to defend the course of Ndigbo. Like the APGA motto says, “Be your Brother’s Keeper”

Aluu Vincent, public affairs analysts and social commentator is the Publisher of Naija Eye Witness New – www.naijayewitnessnews.com 08036688375

You post was palatable till where you advised Mazi Nnamdi Kanu.Pls what is wrong with Nnamdi Kanu's methodology? Did he take up arms against Nigeria or did he advise anybody to take up arms? He is not on any obligation to invite "your so called SE leaders to a round table.After all,those your leaders are the problems of the SE.
Can you post here where Nnamdi Kanu is seen destroying any infrastructure of Nigeria or that you just want to be clever by half? Does somebody in prison go about,let alone destroy property.(Ndi advice)

Please next time,post what you can defend or better still drink pap and sleep.Nnamdi Kanu nobi your mate.