Abia Court Judgement Paves Way For Release Of Kanu – Ejimako

With the recent verdict of the Abia State High Court which awarded damages against the Nigerian Government, release of Nnamdi Kanu from detention is due.

This view was expressed in a statement released on Sunday by Alloy Ejimakor one of the lawyers of the
Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu.

Ejimakor in the statement titled, “The Abia High Court judgement has paved way for Nnamdi Kanu’s bail to be reinstated”, said the verdict proved that Kanu didn’t jump bail voluntarily, but was forced to flee the country to save his life after his house was invaded by the Nigerian security forces in a brutal manner in 2017.

The High Court in Abia State had on January 19, 2022, while rulling on a case brought before it by Kanu over invasion of his house, ordered the Federal Government to pay the sum of N1 billion to the IPOB leader, and also tender apology to him.

READ ALSO: Kanu Trial: Court Slams FG N1b Damages, Says Buhari Should Apologise

The court condemned the military invasion and ruled that the action was responsible for Kanu’s escape out of the country.

Ejimakor explained that the call was necessitated by the flurry of public commentaries about the implications of the judgement on Kanu’s freedom from detention.

He said, “Most of the commentaries have bordered on examining the latent impacts the judgment may have beyond the monetary award and the apology. Of particular note is whether the judgment should directly or indirectly impact the persisting notion that Kanu had jumped bail in 2017, which was what grounded the bench warrant that was used to justify his rendition.

“In summary, the answer is in the affirmative that this landmark judgment has created new legal opportunities for Mazi Nnamdi Kanu, especially as regards impeaching the bench warrant that grandfathered his extraordinary rendition.

“You will recall that from late 2017, I had maintained a well-publicized stance that Nnamdi Kanu never jumped bail and that he will, in due course of time, prove that it was the Nigerian government that compelled him to flee and seek refuge outside Nigeria. This was the material issue before the Court and it prevailed.

“In particular, the Court held that: ‘It is the view of this Court that the Army set out as pythons to terminate the life of Nnamdi Kanu. The military invasion of his home at Afaraukwu Ibeku is so notorious that this Court cannot turn a blind eye to it. He deserves an apology and compensation’.

“Additionally, the Court held that: ‘Kanu has by credible evidence proved to the Honourable Court that his fundamental rights to dignity of human person and personal liberty were wantonly or brazenly violated and his fundamental right to life threatened brazenly by Federal Republic of Nigeria.”

Ejimakor further noted that “the Court impliedly held that Kanu never made a voluntary decision to flee Nigeria or to be absent from his trial. To this extent, this judgment has finally obliterated the vested and false notion that Kanu had jumped bail back in 2017.

“Accordingly, the bench warrant upon which his rendition from Kenya was grounded has now become impeachable and liable to be vacated, thus paving the way for his previous bail to be reinstated.”

In a chat with Prime Business Africa, Sunday evening, on how Kanu’s legal team intend to press for his release from detention, Barrister Ejimakor said, “Reinstatement of his bail will come from the court that granted the bail.”