The Attorney-General of the Federation, AGF, and Minister of Justice, Lateef Fagbemi, has stated that the offence committed by the detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, is a difficult one. The AGF, therefore, maintained that only a court of competent jurisdiction can resolve the matter.
Fagbemi, therefore, stressed that since the matter was already in court, it should be left to the law. He said the law should be allowed to have its way.
The AGF made this disclosure while responding to questions at the Sectoral Ministerial Briefing on the first anniversary of the President Bola Tinubu’s administration on Friday.
Fielding questions from newsmen, the AGF, stated that there was a remarkable difference between Kanu’s case and that of Omoyele Sowore.
He stated that Kanu is being held in accordance with the Constitution, and that the matter was still in court.
The AGF, however, used the occasion to inform that the Federal Government secured 250 convictions for terrorism and other criminal offences in one year.
Recall that on Tuesday, Kanu’s lawyers filed a Preliminary Objection at the Federal High Court Abuja. They prayed the trial judge, Justice Binta Nyako, to decline jurisdiction to proceed with the trial against Kanu.
According to report, part of the issue for determination before the Federal High Court, is whether the court has the jurisdiction to try Kanu. Whether the court can try him for any, or all the offences charged against him in Counts 1, 2, 4,5 and 8. And to quash the said counts on the ground that the law which the said counts were predicated, is unconstitutional.
Kanu’s counsels also pointed out that there are two international tribunal decisions against Kanu’s arrest, detention, prosecution and trial. They contended that under the Nigerian constitution, the decisions are binding on the court.
The lawyers also stated that the law under which the IPOB leader is currently being tried in these counts, has been repealed. They maintained that law is also not supported by proof of evidence. Therefore, the lawyers held that it is an abuse of court process.
The lawyers are therefore, asking the court to decline jurisdiction to entertain Count 15. This, they said, is because it is not in compliance with the Administration of Criminal Justice Act. It is also not within the territorial jurisdiction of the court. And is not supported by any proof of evidence and law.
They prayed the court to take further notice that count 3 of the charges is unconstitutional. This is because it seeks to punish Kanu for an act that was not a crime when it occurred. They, therefore, described it an abuse of the court process.
Recall that Justice Nyako on Monday, dismissed the request by Kanu for the restoration of his revoked bail. She also decline to request by Kanu to remove him from the custody of the Department of State Services (DSS). Kanu has preferred a house arrest or prison custody.
source: Channels TV
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