Attorney-General of the Federation and Nigeria’s Minister of Justice, Lateef Fagbemi, emphasized on Friday, May 24, 2024, that the case of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, can only be resolved by a competent court of law.
Addressing questions at the Sectoral Ministerial Briefing on the first anniversary of President Bola Tinubu’s administration, Fagbemi highlighted the complexity of Kanu’s case, noting its ongoing legal proceedings. “Since the matter is already in court, it should be left to the law to have its way,” Fagbemi stated.
Fagbemi drew a distinction between Kanu’s case and that of activist Omoyele Sowore, underlining that Kanu is being held in accordance with constitutional provisions and that his case remains sub judice.
Additionally, the Attorney-General reported significant progress in combating terrorism and other criminal activities, revealing that the Federal Government secured 250 convictions over the past year.
On Tuesday, Kanu’s legal team filed a Preliminary Objection at the Federal High Court in Abuja, urging the trial judge, Justice Binta Nyako, to decline jurisdiction over the trial. The defense argued that the charges against Kanu, particularly Counts 1, 2, 4, 5, and 8, are based on unconstitutional laws.
The defense cited two international tribunal decisions against Kanu’s arrest, detention, prosecution, and trial, which they claim are binding under the Nigerian constitution. They further argued that the laws underpinning these charges have been repealed and are unsupported by substantial evidence, constituting an abuse of the court process.
Kanu’s counsel also challenged the jurisdiction of Count 15, arguing it does not comply with the Administration of Criminal Justice Act and lacks territorial jurisdiction and evidentiary support. Additionally, they contended that Count 3 is unconstitutional as it seeks to retroactively punish an act that was not a crime when it occurred.
Despite these arguments, Justice Nyako recently dismissed Kanu’s request for bail restoration and his transfer from the custody of the Department of State Services (DSS) to house arrest or prison custody.
