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From Godwin Tsa, Abuja
The expeditious determination of the appeal filed by the Federal Government challenging the release of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has been affected by time-bound political cases and the annual vacation of the Supreme Court.
Consequently, a definite hearing of the appeal was on Thursday adjourned to September 14 by the apex court.
Kanu is presently in the custody of the Department of State Services (DSS), after his controversial rendition from Kenya in November 2021.
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 to free Kanu. It also obtained an order reminding Kanu, pending the determination of its appeal by the Supreme Court.
The scheduled hearing of the main appeal earlier fixed for Thursday, could not proceed as the federal government insisted on filing its response to an objection raised by Kanu’s legal team led by Prof. Mike Ozekhome, SAN.
The apex court had on April 27, 2023, given the Federal government six days to file all her processes and serve the same on Kanu.
When the court reconveyed on Thursday, Tijani Gadzali, SAN, the federal government lawyer told the court that he needed time to respond to the objection raised by Ozekhome in his brief of argument that was served on him on Wednesday
In his reply, Ozekhome said that the appellant could respond orally to the objection contained in his brief of argument, and allow the main appeal to be heard.
Ozekhome passionately appealed to the panel to grant a short adjournment if the appeal is not heard, in view of Kanu’s worsening health conditions or alternatively hearing his bail application.
If this is not possible, my Lords kindly hear the respondent’s application seeking to transfer Kanu from the custody of the Department of State Service (DSS) to the National Correctional Centre Ozekhome told the court. The senior lawyer said he made a plea because Kanu will die in DSS custody.
Moved by the senior counsel plea, the Presiding Justice, Justice John Inyang Okoro said Kanu will not die and called for the court diary.
He explained that the only available short date is September 14, 2023. According to him, “it would amount to an exercise in futility if any of application is taken because there is no time to write the ruling and deliver it in three months time particularly as the court would proceed on vacation soon.
He also said that the apex court is occupied with political cases which are time bound.
Meanwhile, the apex court on Thursday granted four separate applications brought by the federal government for an extension of time and to deem as properly filed and served on respondents the processes it filed out of time.
Recall that the Court of Appeal Abuja Division had on October 13, 2022, cleared Nnamdi Kanu of alleged treason and terrorism charges against him and dismissed the remaining six count charges levelled against him by the federal government.
Court of Appeal faulted the processes adopted by the federal government in extraditing him back to Nigeria from Kenya on the grounds that it breached all known international protocols.
Another panel of the same court, however, on October 28, 2022, granted federal government prayer for a stay of execution of the court’s earlier decision pending a hearing and determination of the instant appeal at the Supreme Court.
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.
