AVID again, writes Tinubu, demands Kanu’s unconditional release
By Steve Oko
American Military Veterans of Igbo Descent (AVID), has again, written to President Ahmed Bola Tinubu, adducing reasons the detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, should be released either unconditionally or on bail.
AVID in its open letter to the President dated February 26, cited various court judgments which had ordered Kanu’s unconditional release as part of the reasons he should be freed.
According to the open letter jointly signed by AVID President, Chief Sylvester Onyia; and Secretary, Dr Godson Obiagwu, continued incarceration of Kanu is not only a violation of his fundamental human rights but a fragrant disrespect to a judgement of the Supreme Court which had already declared his extraordinary rendition from Kenya illegal.
Kanu has remained in detention since 2021 despite growing calls and appeals for his release.
The open letter sighted by Wawa News Global read in part: “Our request is predicated on the following:On 26th October 2022, the Federal High Court of Nigeria, while pronouncing against the
illegality of Mr Kanu’s extraordinary rendition, held that: “the manner of arrest and detention of the Applicant (Mazi Nnamdi Kanu) in Kenya, his continued detention in Abuja, his subjection to physical and mental trauma by the Respondents, the inhuman and degrading treatment meted out to the Applicant amounts to a brazen violation of the Applicant’s fundamental right to dignity of his person and threat to life under Section 34 (1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”.
” By the plain interpretation of this judicial pronouncement, the further detention of Mr. Kanu after the
issuance of this judgment has become arbitrary because the Government of Nigeria has a binding obligation to free him by virtue of the provisions of Section 287(3) of the Nigerian Constitution which states that: “The decisions of the Federal High Court, a High Court and
of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts,
respectively.”
AVID also recalled that the Supreme Court had while faulting Kanu’s abduction and extraordinary rendition, declared:“The respondent (Mr. Kanu) was on bail and therefore in custody of the law when his home was illegally invaded by heavily armed military officers of the appellant (Federal
Republic of Nigeria) causing him to flee from his home and the country to secure his life.
” In the face of such an attack, it was responsible for him to flee to secure his life and physical well-being. That is what any normal and reasonable human being would do in that circumstance to preserve his life and physical well-being.
” It is glaring that the consequences
of that attack were intended or foreseeable. This is not arguable. The appellant’s officials knew that their invasion of the respondent’s home caused him to tun away to secure his life and physical well-being. Yet during proceedings in the pending criminal case against him, they applied that his bail be revoked, that a warrant for his arrest be issued and his sureties forfeit their respective bail bond and that his trial in his absence be ordered because he had
jumped bail and is not in court to stand his trial. But they knew that their illegal actions made it impossible for the respondent to be in court for his trial.”
AVID, in the letter reminded Tinubu that in July 2022, the United Nations Human Rights Council, through a landmark Opinion issued by its Working Group, “directed the Buhari-led Government of Nigeria to free Kanu and accord him a pathway to compensation for his infamous extraordinary
rendition from Kenya to Nigeria in June 2021.
The military veterans which argued that Kanu’s matter required political solution, urged President Tinubu to heed the growing calls for his release in the spirit of national unity.
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