Friday, 6 May 2016

Biafra::Existence of Nigeria is greater than Kanu’s liberty – FG

Existence of Nigeria is greater
than Kanu’s liberty – FG


– FG says ECOWAS lacks the jurisdiction to
hear Kanu’s application
– The government advised the court to
dismiss the action for want of jurisdiction
Nnamdi Kanu in court
The Federal government has said that the
sub-regional ECOWAS community court
sitting in Abuja lacked “the requisite
jurisdiction” to hear and determine a matter
of the leader of the Indigenous People of
Biafra (IPOB) Nnamdi Kanu.
The government writes an objection No.
ECW/CCJ/APP/06/16 said the court
shouldn’t hear a matter brought before it by
Biafra leader.
It has advised the court to dismiss and/or
strike out the action for want of jurisdiction,
“ stemming from incompetency in initiating the
application against the defendants.”
READ ALSO: Kanu drags Buhari to ECOWAS
court
The administration described the move of
plaintiff who proceeded to the ECOWAS
court instead of waiting for conclusion of his
application before the Nigerian Domestic
Court of Appeal on his bail as “an abuse of
court process or subjecting the Nigerian law
to ridicule.”
Kanu was being charged under existing
Nigerian domestic laws and as such cannot
correctly file the suit before the sub-regional
court.
“The corporate existence of Nigeria as a
united, harmonious, indivisible and
indissoluble sovereign nation is certainly
greater than any citizen’s liberty or right and it
survives in pieces rather than in peace,
individual’s liberty or rights may not even
exist,” it said.




“It is trite law that a court cannot assume
jurisdiction over ancillary claims when it has
no jurisdiction to entertain the main claim,
since an ancillary claim can only be properly
determined by that court. Thus, it is improper
to approach a court which is incompetent to
determine only some of the issues in a case if
there is a court with jurisdiction to determine
all the issues.”
The government further submitted that the
court has no authority over the two
defendants because they, “ are neither
member-states or community institutions of
ECOWAS and therefore, not amenable to the
jurisdiction of the community court of justice”.
It advised the court to strike out their
names as parties in the matter, underlining
that there is neither factual nor documentary
proof to any claim against them.
Kanu, who is accused of treasonable felony,
has dragged President Buhari to ECOWAS for
the violation of his fundamental rights, that
of his colleagues, as well as those of his
supporters.
The IPOB leader was arrested in October
2015 by the Department of State Services
after he had arrived from UK to Lagos. He
has since been granted bail, but not
released. Kanu’s detention caused pro-Biafra
rallies and protests all over Nigeria and
abroad.