Aloy Ejimakor, legal counsel to the embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has disclosed that the unconditional release of his client can be constitutionally secured through the executive arm of government headed by President Muhammadu Buhari.
Ejimakor stated this while reacting to Buhari’s response when some respected Igbo elders, led by Minister of Aviation in the First Republic, Chief Mbazulike Amaechi, visited him in Aso Rock, Abuja, and requested the unconditional release of Kanu.
Buhari had told the Igbo leaders that granting Nnamdi Kanu an unconditional release would be very difficult because it runs contrary to the doctrine of separation of powers between the Executive and Judiciary.
Although Buhari assured the Igbo leaders that he will consider their demand, Ejimakor in a tweet on Sunday, said contrary to the statement by the President on Friday, the release of the IPOB leader is not in the hands of the judiciary.
Kanu’s lawyer said the Attorney General of the Federation (AGF), Abubakar Malami (SAN) has the constitutional power to discontinue any criminal proceedings instituted by him before judgment is delivered.
He tweeted: “Sec. 174 of the Constitution says: ‘The Attorney General of Nigeria shall have power to DISCONTINUE any criminal proceedings instituted by him’.”
“The UNCONDITIONAL release of #NnamdiKanu lies with the Executive, NOT the Judiciary.
Meanwhile, Ohanaeze Ndigbo has warned that Nigeria would cease to exist if Nnamdi Kanu is assassinated in the custody of the Department of State Service (DSS).
