What Kanu’s lawyers will do now

Nnamdi Kanu’s lawyers say what they will do now is to file a bail application to seek his release, as suggested by the Supreme Court.

On Friday, the final court overturned an Appeal Court ruling that granted Kanu freedom from trial based on illegal extradition and 30-month detention.

Lawyers to the detained Biafran separatist said after the ruling that they will pursue a bail application for him at a high court.

The Supreme Court suggested the option while overturning an appeal court ruling that freed Kanu from facing trial on treason charges.

Having failed in the attempt to free Kanu from trial, his lawyers told newsmen that they will approach the high court to ask for bail.

“We shall proceed with apace bail application to reinstate his bail in line with the ruling of the Supreme Court,” counsel Aloy Ejimako said.

The Supreme Court Judgement

The Supreme Court recognized that the Federal Government acted recklessly when it rendered Kanu from Kenya and delivered some harsh words for the action.

The judgment, written by Justice Garba Lawal was read in Court by fellow Justice Emmanuel Agim.

The justices asked government to be conscious of its local and international image.

It also frowned at the trial court judgement that revoked Kanu’s bail after the separatist escaped a military assault on his country home.

The justices however said none of these circumstances should prevent a court of law from looking into the allegations filed by a government prosecutor.

It consequently returned the case and ordered the trial court to continue with it.

The law on extraordinary rendition

The final court however agreed that Nigeria recklessly and unlawfully abducted and transferred Kanu from Kenya. It however held that this does not rob a high court the authority to accept it for trial.

The justices noted that Kanu’s lawyers failed to quote a Nigerian law to back up their argument on why Kanu should be unconditionally freed.

The argument was that our laws have not developed to the point of recognizing extraordinary rendition as a barrier to prosecution.

They suggested that Kanu should file a case against the government action rather than seek to discontinue the trial for the alleged offences.

Kanu’s lawyer, Aloy Ejimako, expressed disappointment with the ruling which he hoped should have relied on international extradition law.