Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) has said given four conditions that would determine the release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Recall that a Federal High Court in Abuja had ordered the unconditional and immediate release of Kanu whim the court ruled was illegally arrested and extradited to Nigeria.
According to Malami, the Muhammadu Buhari-led administration will comply with the ruling of the Supreme Court if it rules in favour of Kanu.
Malami added that the Federal Government will exploit all options available to it within the context of the law in the case of the IPOB leader.
Speaking in an interview with Vanguard, Malami said, “When the cases are exhausted, when within the context of the rule of law and the decisions and conclusions are in his favour, the government will comply. But whatever option is open and available to the government, the government will exploit it within the context of the rule of law, within the context of the rights available at his disposal.”
Malami stated that four things must be looked at before the federal government can release the pro-Biafra agitator.
He listed the four things that must be considered to include; the rule of law; the public and national interest; the security situation, and; international diplomacy.
Malami added that there are other cases associated with the charges of treason against Kanu aside the one ruled by the court.
He said, “To release or not to release Nnamdi Kanu is a function of the law and the rule of law for that matter. In arriving at a decision whether to release or not release, one; you look at the rule of law, two; you look at the public and the national interest, three; you look at the security situation, and four; you look at international diplomacy. Let me first talk about the rule of law. This is someone that has been granted bail on account of charges that have been preferred against him at the court. To the international community, a case of fugitive is established against the background of bail jumping. Two, arising from national security, this is someone that is charged with treason, incitement of the public, destruction of civil authority, a kind of murder and assassination of others on account of his incitement. That bores down to issues that bother us on issues of national security and criminality.
“Three, on account of international diplomacy, this is someone that has turned against his person, using the international community or a foreign country to launch an attack against a nation, against his nation, for example for that matter. So all these naturally come into play to determine what you do. So, if you have equally gone through judicial processes, multiple cases, a case of treason, a case of homicide, a case of jumping bail, among others, the fact that you have indeed succeeded in one case as opposed to multiple others that are pending, goes to establish the fact that that case cannot be the only basis and criteria for determining whether you are entitled to be released or not.
“So the simple question is, whether what the Federal Government has done, by way of not releasing Kanu, is justified within the context of the rule of law, and my answer is yes; it is justified. This is because the single case that has been determined is not the only pending case against Kanu, as there are other multiple cases associated with treason. There exist multiple appeals that are pending and yet to be determined, and then again, there are international public interest dimensions, and the essence of the government is the sustenance of the public and not an individual interest.”
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