12TH AUGUST, 2016.
After the press conference conducted by Nnamdi Kanu’s defence team, at Heartland Hotels, Central Area, Abuja, to erase all forms of misconceptions regarding court proceedings, Nigeria continual disregard to court orders and issues around the Movement of the Emancipation of Niger Delta [MEND] and their recent romance with the federal government of Nigeria to hinder the restoration of Biafra; Barrister Ifeanyi Ejiofor granted Biafra Writers an interview session. Below are his responses to our questions:
Question: What is the essence of this press conference held today by your team>
Answer: We discovered that there are misconceptions in charges laid against our client. Several times, the press has referred to our client to have been charged of treasonable felony. When you look at the charges laid against them, you will understand that my client[Nnamdi Kanu] has been charged with 3 count charge, the second defendant is facing 2 count charge while the third defendant is facing one count charge.
Now, the other two defendants are not charged with the offense of treasonable felony and the law is very clear under section 41 of the Criminal Procedure Act, a single individual cannot effectively be charged with the offense of treasonable felony; because in that context, there must be people that will plan it with him, at least they must have arrested like ten different persons.
In the first place, the proof of the evidence attached to the charge provided has not in any way disclosed any substance, such that can indict our client or has any link or resemblance capable of establishing the offense of treasonable felony. That is why we classify whatever our client is passing through as political trial; and which by virtue of the present development in the country, Nnamdi Kanu is being detained.
QUESTION: Considering the release of the IPOB detainees at Abia and Enugu States, could it be seen as a sign that Nnamdi Kanu will soon be released>
Answer: We have no doubt whatsoever, because we are firmly convinced that Nnamdi Kanu committed no offense against Nigeria. You can understand and see when I was addressing the press that I count this as a delay tactics to keep Nnamdi Kanu detained; principally masterminded by the accuser which shows you that they are not ready to proceed with trials.
If they have anything against him, they would have long proceeded with trials –by now, we would have gone a long way. But they have nothing against him, that’s why they’ve been applying one technique or the other to delay his trial and ensure his continued detention.
But the law is clear and I can understand that the illegal and unjust detention of Nnamdi Kanu has attracted criticisms from the entire globe. The international communities along with other human right bodies have condemned it in strong terms demanding the release of Nnamdi Kanu.
Now let me refer you to the order given on the 17th of December, 2015, by Hon. Justice A.F.A. Ademola. That order is very explicit. Justice Ademola after listening to the DSS, after looking at what they have before them, directed them to release Nnamdi Kanu unconditionally.
He [Hon. Justice Ademola] was aware they are planning to file a fresh charge against him; he did not say they release him pending when you file a new charge. He said ‘’release him unconditionally.’’ That order is yet to be obeyed; they still continued to disobey that competent court.
Recall also that Nnamdi Kanu was also granted bail before 17th of December, yet they did not release him. What they did was to rush to federal high court to file an application and obtain an order to detain him for another 90 days which was later sorted out by the federal high court when facts were presented to the honourable judge.
We operate a constitutional democracy. The judge has given orders of Nnamdi Kanu’s release and law must be obeyed.We must respect laws and orders.
Look at what happened few days ago, when an order was made by Hon. Justice Dimgba of the federal high court, directing the DSS to transfer a particular detainee to the prison custody. They refused to obey the order. Rather, they came back to apply that the court should grant them another extension to further extend the time at which they can detain the accused.
The court said no, go back and purge yourself of the context. I cannot grant any application you are requesting from me because you are in context of my court order. Until when there is an affidavit satisfying me that you have obeyed former orders of this court, that is when I will look at your application.
Question: MEND just got themselves involved in a dialogue with the federal government to release Nnamdi Kanu under some conditions – what do you have to say to that regards?
Answer: We have already trashed that out during the press conference. Our client Nnamdi Kanu has no relationship, no connection whatsoever with MEND. Besides, MEND does not have Nnamdi Kanu’s authority: implied, direct or express, to represent him in any negotiation in that regards.
If they want to negotiate with Nnamdi Kanu, they know where they kept him. Nnamdi Kanu has people to negotiate for him based on the demands he has insisted on.
Question: We are also aware that IPOB’s case is still at the supreme court. Can you give us an update on that?
Answer: Yeah, we have appealed at the court of appeal… and you know that court is still on break. Once court resumes, we will get a date for the hearing.
Question: What about IPOB’s case too at the ECOWAS court?
Answer: Ecowas court hearing is coming up on the 5th of October, and there we hope to get justice for Nnamdi Kanu.
Biafra Writers: Thank you for your time Barrister.
Barr. Ejiofor: You are welcome.
By Chukwuemeka Chimerue and Chinedu Ewulu
Published By Nwosu C.S
For Biafra Writers