Lawyer Aloy Ejimakor advises President Tinubu to respect UN directives on Nnamdi Kanu’s case, contrasting with Buhari’s administration.
Aloy Ejimakor, the chief lawyer for Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), called on President Bola Tinubu not to disregard the United Nations in a manner similar to former President Muhammadu Buhari.
Ejimakor recounted that in July 2022, the UN Rights Council Working Group instructed President Buhari’s administration to release Kanu and provide him with compensation.
He revealed that Kanu’s case has transitioned from a legal matter to a political one, emphasizing the necessity for Tinubu to release Kanu.
In a signed statement, Ejimakor mentioned, “In July 2022, the United Nations Human Rights Council (via a significant Opinion from its Working Group) instructed the Buhari-led Government of Nigeria to release Mazi Nnamdi Kanu and provide him with compensation for his notorious extraordinary rendition from Kenya to Nigeria in June 2021.”
In its conclusion, the 17-page Opinion states: “The Working Group believes that, considering all aspects of the case, an appropriate remedy would be for the Government of Nigeria to promptly release Mr. Kanu and grant him a legally enforceable right to compensation and other reparations in line with international law.”
The Working Group of the United Nations Human Rights Council functions as a quasi-judicial entity empowered by the UN to receive and address human rights petitions against its member nations. Consequently, its Decisions—referred to diplomatically as Opinions—are legally binding on all UN member countries, including Nigeria.
Besides being a legitimate member of the United Nations, Nigeria is obliged to adhere to this recent UN decision concerning Mazi Kanu. This obligation originates from the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. Nigeria has committed itself legally through its ratification via an Act passed by the National Assembly under Section 12 of the Nigerian Constitution.
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Certainly, ratification is the process through which a country agrees to be bound by international laws and treaties. According to Section 12 of the Nigerian Constitution, along with numerous rulings from both Nigeria’s Supreme Court and relevant international tribunals, once a nation like Nigeria ratifies an agreement, it becomes obligated to adhere to its terms. This principle is clear-cut and indisputable.
As a bona fide member of the United Nations and a nation bound by treaties, Nigeria is naturally subject to decisions made by the UN. Consequently, Nigeria has an obligation to implement this decision fully and promptly in both letter and spirit.
The advance copy of the Opinion, originally issued on July 20, 2022, was provided to me on July 23, 2022. The accompanying cover letter noted that the Working Group had sent the Opinion to the Government of Nigeria a day prior—on July 22, 2022. However, former President Buhari did not comply with it before leaving office.
However, it is never too late to take action, even though Mazi Nnamdi Kanu has spent three and a half years enduring the severe hardships of detention without any legal justification.
Consequently, unlike the missteps of Buhari, a more astute President Tinubu has the opportunity to act appropriately by releasing Mazi Nnamdi Kanu without delay. He doesn’t require a court order for this decision as it has shifted from being purely legal or judicial to a political issue. As the saying goes, “The buck stops at the President’s table.”
