The Federation’s Attorney General, Abubakar Malami, in a recent television interview with Arise TV, revealed that the Federal Government of Nigeria may consider a political solution to the matters involving Mazi Nnamdi Kanu, leader of the proscribed Indigenous Peoples Of Biafra (IPOB) seeking for self-determination, if approach in that direction.
Leveraging on that declaration, a delegation of Igbo elders under the aegis of a union known as ‘Highly Respected Igbo Greats’, led by the 93-year-old statesman and former Minister of Aviation in the First Republic, Chief Mbazulike Amaechi, met with President Muhammadu Buhari, at Aso Rock Vila, Federal Capital Territory (FCT), Abuja, last week, wherein, they negotiated for a political solution towards matters raised against Kanu by the federal government and thereby pleaded for his amnesty.
Chief Mbazulike Amaechi, speaking on behalf of the Igbo Greats acknowledged that the situation in the South Eastern part of the country is both “painful and pathetic” lamenting businesses had collapsed while education was crumbling amid fears, possibly resulting from the continued detention of Kanu.
Those in the delegation included former Anambra State Governor, Chief Chukwuemeka Ezeife, Bishop Sunday Onuoha of the Methodist Church, former President of Aka Ikenga, Chief Goddy Uwazurike, and Tagbo Amaechi.
However, President Buhari, who told the delegation that they have made an “extremely difficult demand” on him also, said he will consider their request.
It is clear that, the President’s powers to grant Amnesty, otherwise described as the prerogative of mercy, exist under Section 175 (1) of the 1999 Constitution. Section 175 (2) and (3) define how such powers may be exercised.
There is another ground on which the accused person can be set free is under Section 174 (1-3) of the 1999 Constitution, where the Attorney General of the Federation can intervene in any proceedings in any court of law in Nigeria other than a court-martial, with regard to any offence at all, and either take over the case or discontinue it through the instrumentality of a nolle prosequi.
The Attorney General of the Federation (AGF) is required to do so however, in person or by proxy, with “regard to the public interest, the interest of justice and the need to prevent the abuse of legal process.”
In effect, under both Sections 174 and 175 of the 1999 Constitution, the Executive arm of government can free or grant amnesty to any accused or convicted person, before, during or after a trial.
We therefore urge Mr. President to passionately look into the matter as he promised and hopefully give directives to the office of the AGF who doubles as the Minister of Justice; as the Chief Legal Officer of the Federation and Cabinet Minister, in his capacity as a Minister of Justice who cannot act independently, without the approval of the President may waiting for President Buhari’s instruction to do the expected.
Also considering that those who initiated the move were elder Statesmen and persons that are not seeking for any immediate political gain, like the politicians; hence, the need for the urgent consideration of their request on the unconditional release of the detained IPOB leader, Nnamdi Kanu.
