Barr Ejimakor, special counsel to Mazi Nnamdi Kanu reacts to AGF’s Position.
Barrister Aloy Ejimakor, the Special Counsel to Mazi Nnamdi Kanu has reacted to the position of Abubakar Malami, the Attorney General of the Federation.
Recall that a statement credited to the office of the AGF had been in circulation earlier, the controversial statement said that Nnamdi Kanu was Discharged not Acquitted.
Barrister Ejimakor in a statement made available via his social media handle, captioned “My reaction to AGF Malami’s position on the Court of Appeal judgment regarding Nnamdi Kanu”
Kanu’s special Counsel faulted the stand of Malami, saying is flatly wrong, the statement partly reads; “The position of AGF Malami on the Court of Appeal judgment regarding Nnamdi Kanu is flatly wrong and it is perverse to boot.
“If the FG refuses or stalls on releasing Kanu solely because it desires to levy further or new charges, it will amount to a burgeoning holding charge which is impermissible in our jurisprudence.”
Ejimakor went further to remind the AGF that new charges can’t be added on the present situation, stressing the extraordinary rendition alias kidnap of the Self Determination leader, Mazi Nnamdi Kanu.
The statement reads in full, “Further, no new charges can stick against Kanu because, in the present circumstance, the extraordinary rendition is an abiding factor that has created a permanent barrier to his prosecution.
“Keep in mind that the extant trial of Kanu could never have proceeded had he not been illegally renditioned. So, it is not legally possible to lose jurisdiction in the extant charges and at once obtain jurisdiction in the next round of charges.
“The judgment of the Court of Appeal has therefore grandfathered a continuing lack of prosecutorial jurisdiction that will, in the interim, be very hard to overcome.
“Thus, before the levying of any new charges can have a toga of legality or chances of conferring prosecutorial jurisdiction, Kanu has to be released first, with the implied assurances that he is free to travel overseas without any let or hindrance.
“Anything to the contrary will strain constitutionality. It will also generate more political tensions in the polity and possibly trigger a nasty diplomatic brawl with Britain.” He said.