Lawyer Aloy Ejimakor, special adviser to the leader of the indigenous people of Biafra, Nnamdi Kanu, said that new charges against Kanu will not stand until the federal government releases him (Kanu) from police custody.
Ejimakor made this known in a statement on Friday, where he criticized the stance of Federation Attorney General and Justice Minister Abubakar Malami on his client’s release.
Malami, while reacting to the Abuja Court of Appeal’s judgment on Thursday which quashed the charges against Kanu, said the IPOB chief was only acquitted by the court but not acquitted .
Reacting to Malami’s position, Ejimakor said, “AGF Malami’s position on the Court of Appeal judgment regarding Nnamdi Kanu is categorically wrong, and it is perverse on top of that.
“If the FG denies or delays Kanu’s release solely because it wishes to impose new or new charges, it will amount to a burgeoning detention charge which is inadmissible in our jurisprudence.”
“Furthermore, no new charges can be brought against Kanu because, in the current circumstances, the extraordinary rendition is a permanent factor which has created a permanent obstacle to his prosecution.
“Keep in mind that the ongoing trial of Kanu could never have taken place if he had not been illegally returned. Thus, it is not legally possible to lose jurisdiction in the existing charges and to immediately gain jurisdiction in the next set of charges.
“The judgment of the Court of Appeal has therefore grandfathered a continuing lack of prosecutorial jurisdiction which, in the meantime, will be very difficult to overcome.
“So before any new charges can have a toga of legality or any chance of conferring prosecutorial jurisdiction, Kanu must first be released. Any contrary will be without effect. »