The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, has described the ideas attributed to Minister of Justice and Solicitor-General of the Government of Alberta, Canada, Mr Kelechi Madu on the re-arrest of IPOB leader, Nnamdi Kanu as outrageously ignoramus opinions that are eccentric and weird to the legal profession.
Recall that Madu had described Malami as a “disgrace to rule of law” over his alleged role in the re-arrest and repatriation of Kanu back to Nigeria.
A statement issued by Dr. Umar Gwandu, Special Assistant to the Minister on Media and Public Relations on Wednesday in Abuja described Madu’s comments as unfortunate.
“It is unfortunate for someone who claims to be a lawyer of a status of a Solicitor- General of a provincial state of Alberta in Canada to fault the internationally recognized manner through which Nnamdi Kanu who jumped bail was re-arrested and brought back to face trial.”
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Malami said it was abundantly clear that a bench warrant was lawfully and judiciously procured through judicial process by a competent court of law, whose bail condition Kanu breached with impunity.
According to him, there was no illegality in the entire process and the question of illegality did not even arise.
“It is a common principle of law that he who comes to equity must come with clean hands.
“The self-acclaimed leader of the proscribed group of the Indigenous People of Biafra (IPOB) has enjoyed representation by counsel of his choice all through the judicial process.
“He was never denied a right of choice of counsel or recourse to one, even when he symbolizes a proscribed association (IPOB) in law, and in fact, his association has been legally proscribed.
“Where was Madu when Kanu was inciting violence against the country?
“Why, as a lawyer, would Madu support a fugitive who jumped bail and is accused of terrorism and treasonable felony? What stops Madu from voicing out dissent on the atrocities of Kanu and their group?” Malami wondered.
He maintained that it was important to educate people that both Nigeria and Canada were signatories to the Multinational Treaty Agreement where, among others, fugitive fleeing justice in nations with similar agreement could be brought back to face justice.
“It is a pity that as a solicitor-general of a province, Madu fails to keep himself acquainted with the provisions of general laws of the country where he stays as well as international laws.
“We wish to draw the attention of Madu to the provisions of Consolidated Act Criminal Code under the Canadian law on treason and other offences vis:
“46(1) Every one commits high treason who, in Canada:
(a) Kills or attempts to kill Her Majesty or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her,
“(b) Levels war against Canada or does any act thereto; or
“(C) Assist an enemy at war with Canada or any armed forces against whom Canadian forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
“46(2) Every one commits treason who, in Canada
“(a) Use force or violence for the purpose of overthrowing the government of Canada or a province,
“(b) Without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety of defence of Canada.
“(c) Conspires with any person to commit high treason or do anything mentioned in paragraph (a)
*(d) Forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifest that intention by an overt act; or
“(e) Conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests intention by and overt act.”
He advised Madu to study the law books before speaking in order not to attract criticism to himself.