"The liberty of a citizen cannot be stayed. There is no room for stay of execution in this kind of case."
Human rights lawyer, Inibehe Effiong, has given reason the Nigeria government must release Nnamdi Kanu, leader of the outlawed Indigenous People of Biafra (IPOB), even if they decide to appeal a court ruling discharging him.
The Court of Appeal in Abuja, on Thursday, struck out the terrorism charges filed against Mr Kanu by the government and ordered his release from the custody of the State Security Service (SSS).
It held that the IPOB leader was "extra-ordinarily" rendition to Nigeria and that the action was a flagrant violation of the country's extradition treaty and also a breach of his fundamental human rights.
"Should the federal government decide to appeal the discharge and acquittal of Nnamdi Kanu by the appeal court, it must still release Kanu," Mr Effiong said on Twitter, hours after the ruling.
"This is because the liberty of a citizen cannot be stayed. There is no room for stay of execution in this kind of case," he said.
The lawyer told PREMIUM TIMES that the warrant of arrest issued by Justice Binta Nyako of Federal High Court, Abuja against Mr Kanu was "ineffectual and unenforceable" outside Nigeria, arguing that the government cannot predicate a charge on the warrant which he described as "flawed and legal contravention".
He further said that Mr Kanu, as a human being, was not perishable and that there was no condition for a stay of execution, even if the court ruling is appealed.
"A human being, in the first place, is not perishable. It is not as if the court is saying, handover Nnamdi Kanu's property to him and the government is saying if you hand over this property and we succeed on appeal, the property might not be recoverable because of the nature of the property," he said.
"So, when the court said has been discharged and acquitted, acquittal in law means absolute exculpation. So, you cannot, under the basis that you have appealed, hold Kanu back," Mr Effiong stated.
When asked to comment on the position of law if the government should fail to release the IPOB leader from detention, the lawyer responded, "As at today (Thursday), Nnamdi Kanu has no business sleeping in the SSS custody. So, if they are still holding on to him, they are already committing an infraction of the constitution. That is a violation of his rights to personal liberty under section 35 of the constitution."
He added, "The moment the judgment of the court was pronounced, they should have released him, forthwith, because having been discharged and acquitted, he is longer facing a trial or charge."
Mr Effiong stressed that Mr Kanu was not convicted by the Federal High Court, Abuja, pointing out that the IPOB leader can return to the SSS custody only if the government succeeds with any appeal against the judgment.
He said the Attorney-General of the Federation, Abubakar Malami, should be sacked or honourably resign for allowing alleged abduction and extra-ordinary rendition of Mr Kanu.
He said the ruling was an indictment of President Muhammadu Buhari's administration.
The lawyer claimed Mr Buhari had done similar things during the military regime without consequence, but such action cannot be allowed "in this democratic era".
"If the court should allow the extra-ordinary rendition of Mr Kanu to stand, that will amount to putting fire on the constitution," he said.
Nigeria govt reacts
The government has, however, indicated that it would not release Mr Kanu despite the court ruling.
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Mr Malami, in a statement, late Thursday, by his spokesperson, Umar Gwandu, argued that the Court of Appeal only discharged Mr Kanu, and did not acquit him.
The attorney-general said the government is reviewing its legal options and could institute other charges against the IPOB leader.
He said that the decision of the Court of Appeal "was on a single issue that borders on rendition".
"Let it be made clear to the general public that other issues that predate rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
"The Federal Government will consider all available options open to us on judgment on rendition, while pursuing determination of pre-rendition issues," Mr Malami said.
He said the government's decision on the case would be announced to the public after the review of available legal options.
