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Nnamdi Kanu’s Lawyer Demands Immediate Release Of IPOB Leader

Aloy Ejimakor, the authorized crew of Nnamdi Kanu, chief of the Indigenous Folks of Biafra, IPOB, Nnamdi Kanu, has warned the federal authorities concerning the danger of non-compliance with the order of the UN Working Group on Arbitrary Detention, which directed the quick launch of Nnamdi Kanu.
Ejimakor made the demand in a letter written to the Lawyer Normal of the Federation, AGF, and Minister of Justice, Abubakar Malami.
In response to him, it was Malamis obligation to make sure that Nigeria complied together with her obligations underneath worldwide regulation.
As you have to have famous, the Opinion demanded the Authorities of the Federal Republic of Nigeria to instantly and unconditionally launch our shopper; Mazi Nnamdi Kanu and accord him an enforceable proper to compensation and different reparations for his continued illegal detention.
The Working Group requests the supply and the Authorities to offer the above- talked about data inside six months of the date of transmission of the current opinion. Nevertheless, the Working Group reserves the precise to take its personal motion in follow-up to the opinion if new considerations in relation to the case are dropped at its consideration. Such motion would allow the Working Group to tell the Human Rights Council of progress made in implementing its suggestions, in addition to any failure to take motion. All emphasis (italic, daring underlining) ours.
Your Excellency, we’re sending this demand Letter to you as a result of we consider that the subject material falls underneath the jurisdiction of the Overseas Relations Ministry of Nigeria, as it’s the obligation of the Ministry to, amongst different issues, be sure that Nigeria complies together with her obligations underneath worldwide regulation. Thus, in your concerns of the subject material of this Letter, we respectfully invite you to be guided by the next:
The Working Group, which is an integral a part of the United Nations Human Rights Council, is a quasi-judicial physique that has the authorized mandate of the United Nations to adjudicate human rights petitions introduced in opposition to member nations of the United Nations.
The Opinion of the Working Group is legally binding on Nigeria as a result of it’s primarily based totally on Common Human Rights requirements set by Article 9(1) of the Worldwide Covenant on Civil and Political Rights, 1966, the Common Declaration of Human Rights, The Common Declaration of Human Rights, 1948 , The Physique of Ideas for the Safety of All Individuals underneath any Type of Detention or Imprisonment, 1988, The Declaration on the Safety of All Individuals from Enforced Disappearance, 1992, The Ideas on the Efficient Prevention and Investigation of Additional-legal, Arbitrary and Abstract Executions, 1989; all to which Nigeria is a signatory.
A number of the above human rights devices have been talked about within the Opinion as having guided the Working Group in reaching this determination. To make certain, ratification is a method by which a nation renders itself topic to worldwide legal guidelines and treaties. And by advantage of Part 12 of the 1999 Structure of the Federal Republic of Nigeria {as amended} and a plethora of choices by the Supreme Court docket of Nigeria {see; Abacha v Fawehinmi [2000] 6 NWLR Half 660 p 228}, ratification makes Nigeria topic to and sure by no matter treaties, rules, protocols, and so on that it ratified and domesticated.
Thus, Nigerias Domestication of Article 6 of the African Constitution on Human and Peoples Rights {which incorporates Article 6 that ensures the Proper in opposition to illegal detention. This Article is as nicely similar to Article 9(1) of the Worldwide Covenant on Civil and Political Rights} has made Nigeria sure by it and in extension, sure by the Opinion of the Working Group which it was based on.
Moreover the Worldwide Court docket of Justice in its dictum within the Hostages in Tehran case, ICJ Studies 1980, p. 42, para. 91 held:
wrongfully to deprive human beings of their freedom and to topic them to bodily constraint in circumstances of hardship is in itself incompatible with the rules of the Constitution of the United Nations, in addition to with the elemental rules enunciated within the Common Declaration of Human Rights
It thus follows that, however {that a} State could not have ratified or in any other case adhered to any of the previous human rights treaties, it’s nonetheless sure by different authorized sources to make sure a persons’ proper to respect for his or her liberty and safety.
That Kenya has not taken up a grievance in opposition to Nigeria for kidnapping a British citizen in her sovereign State can not in regulation be an alibi for Nigeria as to keep away from its Rule of Regulation obligations. The case of United States v. Toscanino (additionally cited within the Opinion) emphatically factors out {that a} violation of worldwide regulation shouldn’t be merely a political matter to be settled by means of diplomatic channels by the states concerned, however may also be relied upon by the accused within the home courts. see; See State v. Brewster (1835), 7 Vt. 118; United States v . Unverzagt (1924), 299 F. 1015 (D.C .), (1919-42)
To this impact, even when Nigeria denies being a signatory to or ratifying among the devices as listed above which the Working Group relied on, the Worldwide Court docket of Justice has already set the precedent that even States that didn’t ratify these Paperwork will nonetheless be sure by them.
As a bonafide member of the United Nations Organisation, Nigeria is topic to Choices cum Opinions issued from all of the United Nations our bodies. Thus, it’s our agency place that Nigeria is legally sure to implement this nicely based and universally revered Opinion in its fullness of letters and spirit. And it’s anticipated to take action promptly.
The comity of Nations can not permit Nigeria to choose and select advantages from worldwide Covenants and Conventions to revile on its duties and obligations accruing from the stated worldwide Covenants and Conventions. For her profit, Nigeria adopted by means of together with her claims over Bakassi within the Worldwide Court docket of Justice.
How did we come to this stage? The truth is, we should reiterate that impunity and violence are positive signposts of misgovernance and are by no means allowed within the comity of sovereign nations the place intelligence, larger ideas and diplomacy are the one life wires of excellent governance and mutual worldwide relationships with different nations.
This Nigeria can not afford to squander. It is a chance to discover a extra reconciliatory path to resolving the Biafra query.
In view of all of the foregoing, we most respectfully ask you to carry your good Workplace to bear on the Authorities of Nigeria to unconditionally launch our Consumer, Nnamdi Kanu inside an inexpensive time after the receipt of this letter.

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