Aloy Ejimakor, Special Counsel for Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB) has argued that the release of his client is not in the hands of the judiciary as claimed by President Muhammadu Buhari.
President Buhari had recently said that the demand for the release of the detained IPOB leader by Igbo elders was difficult for him as Nigeria’s leader, saying he didn’t want to interfere in the work of the Judiciary.
The President said this when some Igbo elders, led by Minister of Aviation in the First Republic, Chief Mbazulike Amaechi, visited Buhari in Aso Rock in Abuja to request Kanu’s release.
“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, Buhari had said.
“When Kanu jumped bail, got arrested and was brought back to Nigeria, 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 will consider your demand, but it is a heavy one.”
Reacting to this, Ejimakor in a tweet countered Buhari’s claim saying, the executive arm of government not the judiciary has the power to release the embattled IPOB leader.
Quoting Section 174 of the 1999 Constitution of the Federal Republic of Nigeria, the lawyer argued that the Attorney General of the Federation, Abubakar Malami (SAN), has the power to discontinue at any stage any criminal proceedings instituted by him before judgement is delivered.
He tweeted; “Section 174 of the Constitution says: The Attorney General of the Federation shall have power to discontinue any criminal proceedings instituted by him.
“The unconditional release of Nnamdi Kanu lies with the Executive, not the Judiciary.”
Kanu, who was re-arrested four years after jumping bail is currently facing charges bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms, improper importation of goods, among others.
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