The Supreme Court will on Friday render its judgment in the appeals filed by the federal government and detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu. A five-member panel of the court, headed by Justice Kudirat Kekere-Ekun, had chosen the date on October 5, after lawyer to the fed govt, Tijani Gazali (SAN) and counsel to Kanu, Mike Ozekhome (SAN) made final submissions.
The fed government prays the
court to set aside an earlier judgment by the Court of Appeal, which quashed
the treasonable felony charge against Kanu and ordered his release on the
grounds that he was unlawfully brought back to the country after he jumped
bail.
Kanu, on his part, wants the
Supreme Court to allow the judgment of the Court of Appeal and uphold his
discharge and acquittal.
In his final submission, Gazali
urged the apex court “to allow the appeal, set aside the judgment of the court
below and affirm the judgment of the trial court (Federal High Court), to the
effect that the respondent should stand trial in respect of the charge, which
the court below quashed.”
Gazali further urged the court
to dismiss the cross appeal filed by Kanu.
On his part, Ozekhome urged the
court to dismiss the appeal filed by the Fed Govt c”with punitive cost and
uphold the cross appeal in order to do substantial justice to this matter.”
He urged the court to allow the
cross appeal filed by his client.
Ozekhome told the court that
his client has been in custody since June 29, 2021
“Even when the lower court had
ordered his release.”
Ohanaeze appeals for Kanu’s
release, amnesty for IPOB members
He prayed the court “to use
this case to demonstrate that no government should trample on the rights of
citizens as was done in the case of Ojukwu v. Lagos State.”
The Court of Appeal in Abuja
had in its judgment on October 13, 2022 in faulted the manner the Fed Govt
brought Kanu back into the country and proceeded to quash the seven counts left
in the treasonable felony charge on which the IPOB leader was being tried
before a Federal High Court in Abuja before jumped bail.
The Appeal Court was of the
view that the Fed Govt violated rules of engagement in the ways and manners
Kanu was arrested in Kenya and brought to Nigeria.
The Court of Appeal added that
the Fed Govt breached the international laws and resorted to self help in its
failure to file extradition application Kanu in Kenya instead of resorting to
unlawful abduction, rendition.
The appellate court’s
three-member panel proceeded to discharge Kanu and order his release from
custody.
Before the judgment could be
executed, the Fed Govt applied to the Court of Appeal for a stay of execution
pending th determination of its appeal against the judgment, an application the
Court of Appeal granted.
Justice Binta Nyako of the
Federal High Court had in an earlier ruling, struck out eight counts out of the
15 counts in the original charge filed against Kanu, leaving seven, which the
Court of Appeal quashed in its judgment.
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