By Adeleye Kunle
Aloy Ejimakor, special counsel to the leader of the Indigenous People of Biafra (IPOB), has warned that the Federal Government of Nigeria risks diplomatic conflict with the United Nations (UN) if it refuses to unconditionally release Nnamdi Kanu as demanded by the UN Working Group (UNWG).
Remember that the UN Human Rights Council Working Group on Arbitrary Detention has indicted both the Nigerian and Kenyan governments for the illegal arrest, extraordinary rendition, torture, and continued detention of Kanu.
As a result, the council urged Nigeria’s government to “immediately release Kanu unconditionally” and compensate him adequately for the arbitrary violation of his fundamental human rights.
In response to the federal government’s failure to act on the directive, Ejimakor stated in a statement titled “The UN Working Group’s decision on Nnamdi Kanu is binding on Nigeria,” that “Nigeria is subject to decisions issuing from these UN bodies.”
“The United Nations Working Group on Arbitrary Detention is a quasi-judicial body with a continuing legal mandate from the United Nations to consider and adjudicate human rights petitions against UN member nations,” according to the statement.
“Its rulings or decisions (diplomatically referred to as Opinions), such as the one issued recently in favor of Mazi Nnamdi Kanu, are legally binding on Nigeria for a variety of reasons, including the fact that the decision is based on the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights, both of which Nigeria ratified several decades ago.”
“Ratification is the process by which a nation submits to international laws and treaties.” And, according to Section 12 of the Nigerian Constitution and a slew of Supreme Court decisions, ratification subjects Nigeria to whatever it ratifies.
“It must be stated unequivocally that the UN Working Group is an integral arm of the United Nations Human Rights Council, which has the broader UN mandate to determine human rights issues arising from UN member countries.”
“It goes without saying, then, that Nigeria, as a member of the United Nations, is subject to decisions issued by these UN bodies.”
According to the lawyer, Nigeria should follow the UN’s directives and file a formal report.
“It will be recalled that the UN body recently considered Nnamdi Kanu’s matter and held that “the removal of Mr. Kanu from Kenya amounted to extraordinary rendition,” Ejimakor said in the statement.
“Mr. Kanu’s arrest and transfer to Nigeria lacked a legal basis and due process of law, in violation of article 9 of the Universal Declaration of Human Rights and article 9 of the Covenant,” the body added in clarification.
“According to the UN body’s conclusions, “the appropriate remedy would be for the Government of Nigeria to immediately release Mr. Kanu and accord him an enforceable right to compensation in accordance with international law.”
“Without further ado, Nigeria is obligated to carry out this decision in letter and spirit.” And it is expected to do so promptly, as well as to file a formal report on its implementation with the United Nations within six months.
“Unquestionably, failing to implement this decision would mean that Nigeria is thumbing its nose at the UN and unwittingly triggering a nasty diplomatic conflict that could turn it into a pariah state.”
