The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has stated that the case against Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), is a complex legal matter that can only be resolved by a competent court.
Speaking during the Sectoral Ministerial Briefing marking the first anniversary of President Bola Tinubu’s administration on Friday, Fagbemi emphasized that the ongoing legal proceedings should be allowed to follow due process.
“The offence committed by Nnamdi Kanu is a difficult one and can only be resolved by a competent court of law. Since the matter is already in court, it should be left to the law to have its way,” Fagbemi said.
He highlighted the distinction between Kanu’s case and that of activist Omoyele Sowore, asserting that Kanu’s detention complies with constitutional provisions. He noted that the matter remains sub judice, hence discussions should respect the ongoing judicial process.
In the past year, the Federal Government has secured 250 convictions for terrorism and other criminal offences.
Kanu’s legal team on Tuesday filed a Preliminary Objection at the Federal High Court in Abuja, challenging the court’s jurisdiction to proceed with the trial. They argue that several counts against Kanu are unconstitutional and not supported by evidence.
The defense contends that international tribunal decisions prohibit Kanu’s arrest, detention, and prosecution, which, according to the Nigerian constitution, are binding on the court.
Additionally, they claim that the laws under which Kanu is being tried have been repealed.
Specifically, they seek to have Count 15 dismissed for not complying with the Administration of Criminal Justice Act, lacking territorial jurisdiction, and being unsupported by evidence and law.
They also argue that Count 3 is unconstitutional as it attempts to punish Kanu for an act that was not criminal at the time it occurred.
On Monday, Justice Binta Nyako dismissed Kanu’s request for the restoration of his revoked bail and his transfer from the Department of State Services (DSS) custody to house arrest or prison custody.
