The President of the Igbo apex socio-political organisation, Ohanaeze,
Chief John Nwodo, yesterday rejected the planned re-arrest of the leader
of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, by the federal
government.
Federal Attorney-General, Justice Minister Abubakar Malami (SAN),
announced on Friday that government had approached a high court to revoke
Kanu’s bail for allegedly violating the conditions attached to the bail.
But Nwodo, reacting to the AGF’s statement, accused him of bias.
He wondered why Malami failed to move against the Arewa youths who gave
Igbo residing in the north an October 1 ultimatum to leave.
He said Kanu is free as a citizen to hold any point of view no matter how
displeasing to anyone, as long as such a view is not inciting or provoking
any criminal activities.
Nwodo, who made the association’s stance known in a statement in Abuja,
warned the AGF against exacerbating the tension in the country.
He said: “It has just been brought to my notice that the Attorney-General
of the Federation has approached the courts to incarcerate Nnamdi Kanu for
flouting his bail conditions.
“I am amazed that the distinguished attorney is prepared to contest the
superiority of the provisions of the constitution on fundamental human
rights of freedom of movement and freedom of association over an erroneous
judicial proclamation violating those rights.
“I am equally miffed by the audacity with which the Attorney-General
displays his bias without regard to his oath of office.
“A few hours ago under the watchful eyes of the Chairman of the Northern
Governors Forum and in total defiance of the Head of State’s proclamation
of the rights of a citizen of Nigeria to live anywhere in Nigeria and to
do business anywhere in Nigeria, the Arewa youths, pretending to withdraw
their quit notice gave qualifications to the president’s proclamation,
issuing conditions for enjoyment of citizenship status.”
He added: “These same Arewa Youths are supposed to have been arrested on
the orders of the Governor of Kaduna State and the Inspector General of
Police for acts of treason, conversion and sedition.
“As the Chief Law officer of the Federation the Attorney-General looks the
other way. He does not go to court to seek an order of arrest or
prosecution.
“Nnamdi, as a citizen of Nigeria, is free to hold any point of view no
matter how displeasing to anyone so long as it is not inciting or
provoking any criminal activities.”
Nwodo said although he and some Igbo leaders had disagreed with Kanu and
Radio Biafra on a number of issues, they have upheld his right to differ
in the spirit of democracy.
He warned the AGF against aggravating the tension in the country by
re-arresting the IPOB leader.
He said: “I and some Igbo leaders have differences of opinion with Nnamdi
on a number of issues. We have been insulted and abused by Radio Biafra
but we concede them their right to differ from us. We concede them their
nature to be exuberant as youths but we cannot be judgmental about their
rights.
“This is a democracy. In democracies leaders are abused, pelted with
rotten eggs and booed at, as the former Edo State Governor was booed in
Abuja a few days ago. These acts are not necessarily criminal.
“I urge the Attorney-General not to exacerbate our already tense nation by
commencing a legal action which portrays him as biased, insensitive and
misdirected.”
The federal government wants the Federal High Court, Abuja, to revoke the
April 25 bail granted Kanu for allegedly breaching the conditions attached
to the bail.
Besides, government also requests an order directing Kanu’s arrest and
committing him to custody pending trial as well as any such order the
court may deem fit in the circumstance.
Kanu is facing trial for alleged offences of conspiracy to commit acts of
treasonable felony and other related offences.
“The offence for which he is standing trial is not ordinarily bailable but
due to the magnanimity of the court and its quest for justice and
fairness, he was granted bail on health grounds,” Malami said through his
spokesman, Salihu Isah.
“Among the other conditions for his bail is that he should not be seen in
a crowd exceeding 10 people and he should not grant any interviews, hold
or attend any rallies.
“And that he should file in court, medical updates of his health status
every month. But rather than observing all of the conditions listed above,
Kanu, in flagrant disobedience to the court order, flouted all conditions
of the bail.”
According to the government, Kanu has in furtherance to the offence he was
charged, inaugurated a so called Biafra Security Service, an act it
describes as grave threat to national security and unity of the country.
In a separate statement, the Kanu led IPOB said the federal government was
out of order by moving for Kanu’s re-arrest.
Spokesman for the group, Emma Powerful said in a statement in Owerri that
“threats and more threats heaped upon intimidation after intimidation do
not wash with IPOB.”
“Merely asserting that Mazi Nnamdi Kanu is a threat to the Nigerian
government,” according to Powerful, “is not a crime unless accompanied by
legally definable crime or offence.
“Before Buhari decides to make a move to arrest our leader, he must first
go to court to obtain a court order or else it will be resisted by
millions of IPOB members.
“Federal government must do exactly what IPOB did, after all the matter is
before a court of competent jurisdiction. When IPOB complained about the
inhumane bail conditions, we were advised to approach the court for
variation.
“Whatever issue government of Buhari has with our leader Kanu must first
be presented before Justice Binta Nyako’s court for determination.
“Nnamdi Kanu is spiritually and mentally prepared for this epic battle. He
is not afraid of being locked up without trial as long as his personal
physician will be allowed to visit and attend to his medical needs.
“The Federal Government must also state where it is written in the 1999
Constitution that being in a crowd of more than 10 people, calling for
election and attending rallies is a crime. Our teams of local and
international lawyers are following the developments closely. That Nigeria
is dangerously close to the brink of collapse today is a direct result of
the first illegal arrest and detention of Kanu, arresting him again will
plunge Nigeria into an unimaginable crisis.”
“We are peacefully agitating for our independent homeland for the people
of Biafra. We have engaged in any armed conflict of any sort, we have not
called for the expulsion of any ethnic group, neither have we declared any
state within a state. Nigerian government must explain which law of the
land has been violated to justify their move to re-arrest our leader.”
Kanu’s lawyer Ifeanyi Ejiofor, had told PREMIUM TIMES, an online newspaper
at the weekend that his client had “successfully challenged the bail
conditions referred to by the government.”
He was quoted as saying: “Though we intend to file a formal response to
their most misconceived motion, it is my position that it does not lie in
the power of the AG to ask for the revocation of the bail granted to my
client. The prosecution can’t be seen at the same time as the persecutors.
“We have successfully challenged the bail terms we considered offensive to
our clients constitutionally guaranteed rights. So their recent
application is belated.
“Section 169 of the ACJA being relied upon by the AG can’t avail the
Attorney General absolute power to ask for the revocation of bail. Parties
must be heard on the merit by the court.”
Ejiofor described the alleged security outfit created by Kanu as a “mere
group” formed in the exercise of the citizen’s constitutional right.
Kanu’s bail conditions preclude him from joining a crowd exceeding 10
people; granting press interviews; holding or attending rallies; and
monthly filing in court medical updates of his health status.