Re: USA Africa Dialogue Series - Thought For Today

IBK,

Thanks for your expert opinion, but why do Kanu's lawyers use the phrase "discharged and acquitted"?

Your opinion that Kanu can be rearraigned seem to align with Malami's position.

Thanks.

-CAO.

On Friday, October 14, 2022, Ibukunolu A Babajide <ibk2005@gmail.com> wrote:

CAO,

The word "acquit" is of no significance in the context of the Court of Appeal's decision to free or discharge Nnamdi Kanu.  Strictly, according to armchair lawyers and purists, you can only be acquitted after a full trial where evidence is produced and witnesses cross-examined during a full trial.  The opposite of acquitting in this sense is convicting.

This case turned on the procedural elements of his arrest and the legality of the charges preferred against him.  As there has been no trial, he cannot be acquitted.  The one interesting legal point is that if you are not tried and the case is fully ventilated in a trial, the prosecution may lay charges at a future date,f they can cure the procedural lapses that led to the discharge from the charges.  I set out below the dictionary definition of acquit:

acquit

[ uh-kwit ]

See synonyms for: acquit / acquitted on Thesaurus.com

---

verb (used with object), ac·quit·ted, ac·quit·ting.

to relieve from a charge of fault or crime; declare not guilty:They acquitted him of the crime. The jury acquitted her, but I still think she's guilty.

to release or discharge (a person) from an obligation.

to settle or satisfy (a debt, obligation, claim, etc.).

to bear or conduct (oneself); behave:He acquitted himself well in battle.

to free or clear (oneself):He acquitted himself of suspicion.
Cheers.
IBK

_________________________

Ibukunolu Alao Babajide (IBK)

(+2348061276622) / ibk2005@gmail.com

Turning and turning in the widening gyre   

The falcon cannot hear the falconer;

Things fall apart; the centre cannot hold;

Mere anarchy is loosed upon the world,

The blood-dimmed tide is loosed, and everywhere   

The ceremony of innocence is drowned;

The best lack all conviction, while the worst   

Are full of passionate intensity.

The Second Coming

By William Butler Yeats

1865-1939

On Fri, 14 Oct 2022 at 10:17, Chidi Anthony Opara, FIIM, CDOA <chidi.opara@gmail.com> wrote:

What should be done is not to take on Malami (Nigeria's Attorney-general) in verbal warfare. 

The right thing should be to get and examine the transcript of the Appeal Court judgement on Nnamdi Kanu(it is a public document), to ascertain whether the ruling was "discharged and acquitted" or just "discharged".

If the judgement was "discharged and acquitted", then Malami and his office are wrong and should be told to shut up. If the judgement is however just "discharged" then Malami and his office are right and the necessary legal arrangements should be made to meet the federal government in further legal tussles in this regard.

From discussions with legal experts, it is obvious that "discharged and acquitted" is different from "discharged".

We will however not know what was the case in the judgement under reference until we see the transcript of the Appeal Court judgement.

Thank you all for your time.

-Chidi Anthony Opara (CAO)

--
Chidi Anthony Opara is a Poet, IIM Professional Fellow, MIT Chief Data Officer Ambassador and Founder/Publisher of, www.publicinformationprojects.org)

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