The Federal Government, on Monday, gave reasons why it has not complied with the Court of Appeal judgement that ordered it to release the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
The federal government, in an affidavit filed in support of its application to stay the execution of the judgement, described Kanu as “a flight risk person”, insisting that the case against him borders on national security.
Relying on the decided case law in Federal Republic of Nigeria Vs Asari Dokubo, FG, argued that once a case touched on national security, the right of the individual affected takes secondary place.
The Respondent is a flight risk person. It is important to appreciate the gamut of depositions in our application.
One of the ground 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 likelihood of it being threatened, human rights take secondary place.
Once there is a threat to national security, human rights of any individual can be suspended until such threat is taken care of.
“Once security of the nation is in jeopardy, the individual right may not even exist”, FG argued through its lawyer, Mr. David Kaswe, an Assistant State Counsel in the office of the Attorney-General of the Federation.
However, Kanu’s lawyer, Chief Mike Ozekhome, SAN, urged the appellate court to dismiss FG’s application, insisting that it was tantamount to seeking the stay of the liberty of a citizen.
“In fact, my lords, on the contrary, the release of Kanu will actually bring peace and tranquility to the South East in particular and the nation in general
He argued that Dokubo’s case was different from that of Kanu.
According him, while Dokubo applied to be granted bail, pending the determination of the charge against him, in Kanu’s case, the appellate court has already terminated his trial and ordered his release.
