From Godwin Tsa, Abuja
The Supreme Court has adjourned an appeal by the Federal government challenging the release of the detained leader of the Indigenous People of Biafra (IPOB), Nmandi Kanu.
A five-member panel of the Supreme Court, led by John Okoro, adjourned the suit until May 11 for the hearing of the case. Other members on the panel are John Okoro, Ibrahim Saulawa, Uwani Abba-Aji, Tijjani Abubakar and Emmanuel Agim.
The IPOB leader is being held at the State Security Service (SSS) detention facility in Abuja. The Court of Appeal had, on October 13, 2022, struck out the terrorism and treasonable felony charges filed against Kanu by the Nigerian government. The intermediate court consequently ordered the government to release the IPOB leader.
However, the government filed an appeal at the Supreme Court to overturn the appellate court’s decision freeing Kanu. It also obtained an order reminding Kanu, pending the determination of its appeal by the Supreme Court.
At yesterday’s proceedings at the apex court, lead counsel to Kanu, Prof. Mike Ozekhome, informed the panel of some applications bordering on Kanu’s bail and “deteriorating” health. Ozekhome urged the court to either grant the IPOB leader bail or order his transfer to the Kuje Correctional Centre, Abuja, for him to be easily accessible, pending the hearing and determination of the substantive appeal.
However, in opposition to Kanu’s request, Tijjani Gazali (SAN) from the Federal Ministry of Justice, argued that the SSS detention centre has adequate resources to attend to Kanu’s health needs.
After listening to the arguments, the panel advised Ozekhome to withdraw his applications, to pave the way for a speedy hearing of the main suit.
It directed Gazali to file the appellant’s brief within six days from yesterday.
Kanu was forcibly extradited from Kenya by the Nigerian government in June 2021, to face terrorism charges in Abuja. The IPOB leader was subsequently re-arraigned before Binta Nyako of the Federal High Court in Abuja, on a 15-count terrorism charge.
On April 8, Justice Nyako, in her ruling on the Kanu’s preliminary objection challenging the validity of the charge, struck out eight of the 15 counts.
The IPOB leader appealed against Ms Nyako’s ruling at the Court of Appeal.
Counsel to Kanu, Ozekhome, had argued that his client was “illegally extradited from Kenya.” He urged the court to dismiss the remaining eight-count charge for being a violation of Kanu’s fundamental rights to freedom. The Abuja division of the Court of Appeal, led by Jummai Sankey, held that the trial court “lacks the jurisdiction to entertain the suit.”
The court further held that Kanu’s extraordinary rendition from Kenya in June 2021 to Nigeria, without following the extradition rules, was a flagrant violation of Nigeria’s extradition treaty and a breach of the IPOB leader’s fundamental human rights. However, the government obtained an order from the Court of Appeal staying the execution of its earlier order freeing Kanu.
Meanwhile, the Supreme Court, yesterday, granted the Federal Government’s request to file addition nine grounds in its appeal against the October 13, 2022 judgment by the Court of Appeal freeing detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
A five-member panel of the apex court, led by Justice John Okoro, granted the permission while ruling on a motion for leave moved by counsel to the federal government, Tijani Gazali (SAN).
The court equally granted leave to the federal government to include the additional nine grounds as part of its amended notice of appeal dated October 28, 2022.