Atiku’s Call for Nnamdi Kanu’s Release Backed by Law, Says Rights Lawyer

A human rights lawyer, Barrister Christopher Chidera, has defended former Vice President Atiku Abubakar over his call for the release of IPOB leader Mazi Nnamdi Kanu, insisting that the stance is constitutionally sound and legally defensible.

Chidera described Atiku’s statement, which labeled Kanu’s prolonged detention as “an open sore on our nation’s conscience and a stain on our belief in the rule of law,” as a legitimate demand for justice rather than an attempt to undermine the judiciary.

“The former Vice President’s comments align with the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and judicial precedents prohibiting unlawful detention and double jeopardy,” Chidera said.

He argued that the Court of Appeal’s 2022 judgment which discharged and acquitted Kanu over his unlawful rendition from Kenya rendered the prosecution a nullity. “Jurisdiction is the lifeblood of adjudication. Without it, any proceedings built on it collapse,” he noted.

According to the lawyer, the Supreme Court’s 2023 decision to remit the case to the Federal High Court does not erase the appellate court’s findings on the illegality of Kanu’s rendition. “No court can cure a jurisdictional defect arising from an illegal rendition,” he said.

Chidera also referenced the African Charter, which guarantees liberty, fair trial, and freedom of movement, stressing that these rights were violated in Kanu’s case. “Every accused person must be brought to court through lawful means. Extraordinary rendition is not one of them,” he added.

Citing Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act, 2022, Chidera emphasized that the Federal High Court lacks jurisdiction to try Kanu. He also noted that retrying him would constitute double jeopardy, prohibited under Section 36(9) of the Constitution.

“Once a person has been acquitted, they cannot be tried again for the same offence. The appellate court’s October 2022 discharge of Kanu remains binding,” Chidera said.

He maintained that Atiku’s call for Kanu’s release demonstrates leadership in defending constitutional supremacy and is consistent with both legal and moral principles. “This is about justice, due process, and respect for our laws,” he said.

Chidera urged the Federal Government to comply with court orders and international obligations by ending what he described as a “jurisdictionally void prosecution.”

“Atiku’s position protects every citizen from unlawful detention and abuse of power. Calling for Kanu’s release is an affirmation of the Constitution’s supremacy, not an attack on the judiciary,” he concluded.