The Supreme Court has nullified the judgment by the lower court that dismissed the terrorism charges against the embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The apex court upheld the appeal of the Federal Government challenging the verdict of the Appeal Court which dismissed the charges against Nnamdi Kanu and held that the court was wrong that the trial court couldn’t try him because his rights were violated by the prosecution.
The court in a unanimous decision by a 5-member panel of justices noted that although the Federal Government acted irresponsibly when it forcefully brought Kanu back to the country from Kenya, against all known laws, however, it held that it was not enough to divest the trial court of its jurisdiction to continue with the case.
It held that there is no legislation in the country that stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action that FG took against him.
Advises Kanu to take civil action
In the judgement that was prepared by Justice Garba Mohammed but read by Justice Emmanuel Agim, the apex court held that the remedy open for Kanu was for him to institute a civil action against the government.
- Mohammed said, “If the police should destroy the house of a suspect to obtain exhibits, should that diverse the court against entertaining the offence?
- “His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.
- “We decided not to go with the court of appeal. Though we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.
Jurisprudence in Nigeria can sometimes be shockingly poor…
Without prejudice to the substantive matter under litigation (for the avoidance of doubt, I am absolutely no fan of Mr. Kanu or his organization), it is nonetheless shocking that the justices of the highest court in Nigeria are apparently unaware (or have simply ignored) the basic and rather elementary Fruit-of-a-Poisonous-Tree doctrine – to wit, a party cannot benefit from its own illegal actions (also known as coming to equity with clean hands). SMH