‘Kanu’s Case Should Have Ended Automatically’ — Lawyer

Special counsel to the detained leader of the Indigenous People of Biafra IPOB barrister Aloy Ejimakor says Mazi Nnamdi Kanu’s continued detention and prosecution have become extra-constitutional by effluxion of time.

Ejimakor in a statement on Tuesday said in December 2023, the Supreme Court held that it was wrong to have revoked Mazi Nnamdi Kanu’s bail, meaning that his bail should, without more, be restored by virtue of Section 287(1) of the Constitution which states that: “The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

The lawyer insisted that the operative part in these provisions lies in the phrase that says “by all authorities and persons, and by the courts”.

He argued that the Federal Government which is an “authority” or President Tinubu or AGF Fagbemi (who are “persons”) are, by the dint of the judgment, mandated by the Constitution to restore Mazi Nnamdi Kanu’s bail. And they are bound to do so without more because – by the clear provisions of the Constitution – they do not need any further Court order to do what is constitutionally vested.

“In other words, it does not lie with the Courts alone to enforce the decisions of the Supreme Court. The President or the Attorney-General can also concurrently exercise the same power.

“To be sure, their collective refusal to act has unwittingly turned Mazi Nnamdi Kanu to a hapless victim of extra-constitutional imprisonment by the Nigerian State.

“This brings us to this question: Is it right for the President and the Attorney-General (who breached the Constitution by refusing to enforce the decision of the Supreme Court) to persist in detaining and prosecuting Mazi Nnamdi Kanu? The answer is obvious and that is: It is as wrong as it is a blatant violation of Section 287(1) of the Constitution.

“In plain terms, Mazi Nnamdi Kanu’s continued detention and prosecution have become extra-constitutional by effluxion of time. And it is perverse to boot”.