Unconditional release of Nnamdi Kanu lies with Executive not Judiciary – Ejimakor

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–Pix Above: Mazi Nnamdi Kanu (r) and his Special Counsel, Barr Aloy Ejimakor

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Contrary to President Muhammadu Buhari’s stand that unconditional release of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra, runs contrary to the doctrine of separation of powers between the Executive and Judiciary, the activist’s Special Counsel, Barrister Aloy Ejimakor, has observed that a cursory look into the Nigerian Constitution has revealed the contrary.

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Revealing this, Sunday, Ejimakor said: “Section 174 of the Constitution says: ‘The Attorney General of Nigeria shall have power to DISCONTINUE any criminal proceedings instituted by him.’

“S 174(1): The Attorney General of the Federation shall have power –

  • to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under Act of the National Assembly;
  •  to take over and continue any such criminal proceedings instituted or undertaken by him or any other authority or person, and
  • to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken  by him or any other authority or person.”

The State Online reports that President Buhari had, while receiving a group under the aegis of Highly Respected Igbo Greats, led by First Republic parliamentarian and Minister of Aviation, Chief Mbazulike Amaechi, at State House, Abuja, told the 93-year-old statesman:

“You’ve made an extremely difficult demand on me as leader of this country. The implication of your request is very serious. In the last six years, since I became President, nobody would say I have confronted or interfered in the work of the Judiciary. God has spared you, and given you a clear head at this age, with very sharp memory. A lot of people half your age are confused already. But the demand you made (releasing Nnamdi Kanu unconditionally) is heavy. But I will consider it.”

Stressing his policy of non-interference with the Judiciary, President Buhari said when Kanu jumped bail, got arrested and brought back to the country, “I said the best thing was to subject him to the system. Let him make his case in court, instead of giving very negative impressions of the country from outside. I feel it’s even a favour to give him that opportunity.”

The nonagenarian had described the situation in the Southeast as “painful and pathetic,” lamenting that businesses have collapsed, education is crumbling, and there is fear everywhere.”

He pleaded for a political, rather than military solution, requesting that if Kanu was released to him as the only First Republic Minister still alive, “he would no longer say the things he had been saying,” stressing that he could control him, “not because I have anything to do with them (IPOB), but I am highly respected in Igbo land today.”

Chief Amaechi said twice he had interfaced with Nnamdi Kanu in the past, and the latter rescinded orders earlier given on civil disobedience.

He concluded: “I don’t want to leave this planet without peace returning to my country. I believe in one big, united Nigeria, a force in Africa. Mr President, I want you to be remembered as a person who saw Nigeria burning, and you quenched the fire.”

Other people in the visiting delegation were; His Excellency Chukwuemeka Ezeife, former Governor of Anambra State, Bishop Sunday Onuoha of the Methodist Church, Chief Barrister Goddy Uwazurike, former President of Igbo socio-cultural group, Aka Ikenga, and Mr. Tagbo Mbazulike Amaechi./SHARE THIS

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