Senior Advocate of Nigeria to Tinubu: Release Nnamdi Kanu through arbitration process

Senior Advocate of Nigeria to Tinubu: Release  Nnamdi Kanu through arbitration process

By Ndukaku Ihe

A Senior Advocate of Nigeria (SAN), Mohammed Ndarani, has urged President Bola Tinubu to pursue the release of detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, through a formidable national committee of arbitration.

The IPOB leader who is facing treason charges brought by the Nigerian government for leading a separatist group, has been in detention since October 2015.

The IPOB leader, whose trial started de-novo (afresh) following the reassignment of his case-file to Justice Omotosho, had earlier pleaded not guilty to a seven-count treasonable felony charge the government preferred against him.

AbeyaNews reports that Justice Binta Nyako, who previously conducted the trial, recused herself from the matter after she was accused of bias by the defendant.

However, Ndarani who doubles as the Grand Patron of One Nation for Asiwaju Support Group said an out of court settlement of the case would lead to peace, and unity in diversity.

Speaking at a press briefing in Abuja on Thursday, the senior lawyer stated:  “In my opinion, court may not be the solution of the above matter, if peace must reign in the nation.

“President Bola Tinubu should consider Alternative Dispute Resolution (ADR) mechanisms like arbitration, conciliation and mediation in some of these cases concerning these agitators”.

ADR refers to any method of conflict resolution that takes place outside of the courtroom. It involves processes and techniques of conflict resolution without litigation and empowers parties to work together using a framework to amicably settle complex issues.

“The political atmosphere in Nigeria is tense, tribal and religious issues being championed everyday by some people and quarters who feel marginalized and aggrieved.

“In present times, early resolution of a dispute not only saves valuable time and money of the parties to the dispute but also promotes peace and unity.

“Section 17 of the Federal High Court Act and section 174 of the 1999 constitution (as amended), provide that parties can explore alternative options for both civil and criminal matters.

“Like the treason matter involving Omoyele Sowore, leader of Revolution Now Movement and a presidential candidate for the 2023 election, and also the terrorism case against Bello Badejo, leader of the Miyetti Allah Kautal Hore, both cases which were withdrawn by the Nigerian government is commendable. Therefore, there is the need to seek for further peace and unity of the nation.

“High profile cases like Kanu’s are best resolved as quickly as possible because they evoke a lot of sentiments.

“Another reason why an expeditious resolution of the matter is because it would begin to heal festering wounds which we can certainly do without at this stage of our nationhood”, he said.

 

The senior lawyer reminded that justice delayed is invariably justice denied.

“Talking about litigation generally in our courts, it is clear that some matters drag on interminably, and this has a knock-on effect on the willingness of our people to seek justice in our law courts.”

Ndarani said that arbitration could equally help in decongesting our courts which are currently bogged down by a lot more matters than they can expeditiously dispose of.

“Indispensable as the role of courts is in the society, the process is usually long drawn out and hence, the need to explore more frequently the option of alternative dispute resolution.

“The sooner we find alternative means of quickly disposing of these worrisome matters, the better for the promotion of peace and harmony in our country.

 

“I will advise the president to look inwards to see how to settle most of these pockets of agitations that have given rise to loss of lives and property.

“Arbitration can bring rest to the East, peace and rest to the wanton killings in the Middle belt and as well as other parts of the country”, he said.

Away from the Kanu matter, Ndarani appealed to Nigerians to be patient with Tinubu, who, he said, met an unjust society.

” It is not easy to re-arrange a system that had already collapsed before the advent of his administration. Nigeria’s problem are the few elites who put their interest on the first line charge. I advise the president to avoid them and explore all the mechanism to settle for peace of Nigeria rather than seeking for prosecution. If Nigeria is peaceful, Tinubu will do well for the nation.”

He urged President Tinubu to watch out for little foxes that spoil the vine while he is trying to hold Nigeria together as one indivisible nation.