The apex court’s unanimous decision ordered the resumption of the trial of the leader of the Indigenous People of Biafra (IPOB), which the lower court stopped because of Kanu’s forceful repatriation from Kenya to Nigeria by the Nigerian government.
In ordering the release of Kanu in October 2022, the appeal court ruled that the IPOB leader was illegally removed from Kenya.
But the supreme court on 15 December held that no Nigerian law prohibits the use of “illegally obtained evidence for the trial of a defendant”.
The court’s decision hampered efforts by leaders of the south-east region, where Kanu hails from, to secure his release from detention as a solution to the lingering insecurity in their zone.
‘Christmas gift’
Days before the supreme court’s decision, the Igbo socio-cultural group Ohanaeze Ndigbo made a ‘special appeal’ to President Bola Tinubu to use his office to direct Kanu’s release.
“This will be a highly-prized Christmas gift to the Igbos of Nigeria and all other Nigerians who are committed to a peaceful and secure country,” the group said in a statement on 12 December.
“The incarceration of Kanu has created [an] unnecessary excuse for terrorism in a region, which has hitherto lived in peace and pursued their occupation wherever they are with patriotic zeal.”
Chiedozie Ogbonnia, spokesperson for Ohanaeze Ndigbo, tells The Africa Report that the group will hold a meeting “very soon” and come up with a position.
But the judges’ ruling has angered Kanu’s IPOB, which is now questioning the capacity of the apex court and its justices.
The Supreme Court of (In)Justice has cooked their distasteful and tasteless food as usual.
They really think anyone cares. Whatever happens going forward, nobody will blame IPOB leadership.
Nigeria will be forced to release Mazi Nnamdi Kanu. Nigeria judiciary is a circus! pic.twitter.com/t9vD7wiied
— Chibueze Chuks (@realChibuChuks) December 15, 2023
“The supreme court and its justices have shown that they can not dispense good judgement in the face of Nigeria and its problems,” Emma Powerful, IPOB’s spokesperson, tells The Africa Report.
“The global world will ask them questions on why they allowed Nigeria to scatter so quickly; IPOB will watch what is happening in Nigeria this period.”
Insecurity in south-east
Kanu, 55, was first arrested in 2015 over terrorism and treason allegations. He jumped bail in 2017, but was rearrested four years later. He has been under detention of the State Security Services ever since.
Since his arrest, insecurity in the south-east has heightened, spurred by a weekly sit-at-home order targeted at forcing the federal government to release the IPOB leader.
At least 1,700 were killed between January 2021 and June 2023, according to Nigeria’s ICIR.
Analysts say the supreme court’s decision will rubbish attempts at preferring a solution on the security challenges.
“It was my expectation that the supreme court, in its decision, would exhibit sensitivity to the need for deescalation of violence, disrupting insecurity and addressing grievances in the south-east,” says Okechukwu Nwanguma, executive director of the Rule of Law and Accountability Advocacy Centre.
“Granting the application for the release of Nnamdi Kanu would have provided the opportunity to pursue peace through dialogue and engagements to douse the separatist agitation in the south-east.”
#NnamdiKanu cannot be subjected to judicial rascality that is bent on jailing him in fulfilment of executive govt order. Nothing good can come out of a corrupt and retrogressive system. Nigeria cannot be allowed to benefit from her illegality against a British citizen.
— Christosan dot. (@chrisfecodon) December 15, 2023
Last July, dozens of prominent leaders from South-east Nigeria met in the capital city of Abuja and resolved to dispatch a “high-powered delegation” to meet President Tinubu over the insecurity in the region.
The delegation is yet to meet the president.
Taking advantage
Founded in 2012, IPOB rose to become the dominant voice for the secession of the south-east region from Nigeria. As part of efforts to honour Igbos killed during the first attempt at secession in 1967, the group introduced a sit-at-home policy every 30 May. On that day, Igbo businesses and markets must remain shut.
After Kanu’s arrest and subsequent detention in 2021, the group amended the date of its sit-at-home policy to every Monday, until the federal government frees its leader. The policy was later jettisoned.
But Simon Ekpa, a self-styled Biafra separatist leader based in Finland, began issuing directives for the sit-at-home to continue every week. He uses armed gangs in the region to enforce the order.
Simon Ekpa will sit down in Finland, command you in South East to attack your people and you that your head is not correct will follow his order in the name of “Sit-At-Home”. Do you really want to safe your people or oppress them? Some Old Ibo F00ls will be clapping for him.
— Slip N Slide🦅 (@omotoshojr) December 15, 2023
Ahead of the supreme court’s sitting, Ekpa issued a ‘total lock down’ order of the south-east region from 15 to 19 December — with a break on the 16th and 17th for markets and churches to open.
There are fears that IPOB, disappointed with the supreme court’s decision, may return to the weekly sit-at-home policy.
The IPOB spokesperson says the group has moved beyond using it as a bargaining chip for Kanu’s release. “We are not going back to the Monday sit-at-home. Our leader Mazi Nnamdi Kanu stopped it and we can’t go back there.”
Kanu’s legal team told journalists they will return to the high court to prove his innocence.
Nwanguma says Kanu’s trial is more political than legal and his continued detention and resort to brutal force to suppress the agitation for his release is achieving counterproductive outcomes.
“Violent security clampdown on peaceful agitators has led to radicalisation and complication of the situation rather than abating it. The federal government has learnt no lessons.”
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