By NewsBits
Arguing vehemently the statement credited to the learned lawyer and a Senior Advocate of Nigeria (SAN) Chief Mike Ahamba that the president does not have the powers to release Nnamdi Kanu from DSS dungeon but the court, a legal luminary, Barr. John Nwobodo has said that it is not so.
Nwobodo, a former governorship aspirant of the Accord Party, (AP), in the last governorship election in Enugu State said that the president has the powers, through the advice of the Attorney General of the Federation to release whoever he so wishes.
Nwobodo, who was also the former Enugu State chairman of IPAC and CRPP, speaking on the backdrop of the calls from different quarters to release Nnamdi Kanu from detention, stated in an interview with newsmen in Enugu that President Tinubu is empowered to release the IPOB unconditionally and without further delay.
He said that the Constitution vested prosecutor’s powers on the Attorney General and as such he can discontinue any matter he so wishes, pointing out that the president can instruct the AGF to discontinue a matter instituted by the government.
“I reiterate that the President has the powers to order the release of Nnamdi Kanu. Maybe because at the moment Nigeria does not have Attorney General, but as soon as a new AG is instituted the President will not hesitate to release Nnamdi Kanu with immediate effect,” Nwobodo said.
The legal giant opined that now that Tinubu has submitted the ministerial list for approval of the National Assembly, there is every tendency that Nnamdi Kanu might regain his freedom and thus reduce the tension in the Southeast.
“It is well within the powers of the president to give instructions to the AGF or in the absence of AGF, the Solicitor General of the Federation to discontinue the appeal because what is holding Nnamdi Kanu is the appeal pending before the Supreme Court. It is well within their right to discontinue the matter before judgment,” he said.
On the statement that there could be chaos in Nigeria should the Tribunal nullify Tinubu’s election, Nwobodo said that heavens would not fall. He said that the statement was taken out of context because Tinubu’s defence counsels were only inferring that a misinterpretation of the 25% for Abuja could lead to anarchy.
“I think that statement was taken out of context. That statement was contained in the final written address by his lawyers to the effect that an interpretation of the requirement of 25% that is not in conformity with reality may lead to chaos. I don’t think there will be chaos. The heavens will not fall if the court exercises its jurisdiction to determine a matter before it,” Nwobodo said.
