Fed Govt to court: Kanu a threat to national security

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•Wants Supreme Court to determine IPOB leader’s fate

•Ozekhome accuses govt of contempt, says Kanu ill

The Federal Government yesterday described Indigenous People of Biafra (IPOB) Leader Nnamdi Kanu as a threat to national security and “a flight risk person.”

It said that Kanu, if released as directed by the court on October 13, could flee the country before the determination of its appeal at the Supreme Court.

But the IPOB leader’s lead counsel, Mike Ozekhome, countered the application, saying it amounted to contempt of court. Ozekhome, a Senior Advocate of Nigeria(SAN) added that since the government had complied with the October 13 judgment, it had no valid appeal before the apex court.

The government is asking through the application/motion for a stay of execution of the order by the appeal court for the release of Kanu.

The court had in the October 13 judgment held that the government violated all known international and local laws when it forcefully brought Kanu from Kenya to Nigeria for the continuation of his treason trial.

It added that such an extraordinary rendition breached the IPOB leader’s fundamental human rights.

While arguing the application/motion for a stay of execution, a lawyer from the Federal Ministry of Justice, David Kaswe, said that Kanu should remain in detention pending the resolution of the appeal at the Supreme Court.

Kaswe said: “The application/motion was brought in the interest of justice and to preserve the security in the Southeast and the country.

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“We have demonstrated that the respondent (Kanu) is a flight risk. If the judgment is not stayed until our appeal is heard and determined by the Supreme Court, it will be difficult for us to lay our hands on the respondent to bring him back to court to face the charge against him.

“The respondent has shown that he has the capacity to jump bail.”

Kaswe consequently asked the court to grant the sole prayer in the application in the interest of justice and unity of the country.

“One of the grounds of our application is that this matter touches on national security of the state.

“We rely on the case of FRN Vs Dokubo, where the Supreme Court held that where national security is threatened or the likelihood of it being threatened, human rights take a secondary place.

“Once there is a threat to national security, the human rights of any individual can be suspended until such threat is taken care of.

“Once the security of the nation is in jeopardy, the individual right may not even exist.”

But Ozekhome said contrary to the government’s claim that Kalu’s release would threaten national security, especially in the Southeast, granting him freedom would engender peace in the zone.

His words:”In fact, my Lords, on the contrary, the release of Kanu will actually bring peace and tranquility to the SouthEast in particular and the nation in general

“This was demonstrated after the judgment of this court that ordered the release of the respondent. Immediately after the judgment was delivered, there was so much joy and happiness in the entire Southeast. There was so much jubilation and merriment.”

He told the court that the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, had boasted on many occasions that government would not obey the judgment.

The senior lawyer added that the application was to stay the execution of Kanu’s liberty, the court should not indulge the government.. He consequently prayed the court to dismiss the application/motion.

Ozekhome had earlier told the court that Kanu was ill and needed to undergo an operation He urged the court to insist that the government complies with its judgment.

Justice Haruna Tsanami, who headed a three-member panel that heard the application, reserved the ruling. He said a date for the court’s decision would be communicated to the parties.