Follow Us on Google
From Godwin Tsa, Abuja
The Supreme Courton has fixed December 15 to deliver judgment on the appeal seeking to compel the Federal Government to release the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, from detention.
On Thursday, a five-member panel of the apex court headed by Justice Kudirat Kekere-Ekun, scheduled the matter for judgment, after counsel for both FG and the detained IPOB leader, adopted their final briefs of argument.
During the proceedings, Kanu’s legal team led by a former Attorney General of the Federation and Minister of Justice (AGF), Mr Kanu Agabi (SAN) urged the Supreme Court to not only order the immediate release of his client from detention but to equally award “very heavy and punitive cost” against Federal government.
Chief Mike Ozekhome, SAN, who conducted the proceedings on behalf of Kanu, pleaded with the apex court to “uphold our Cross-Appeal in order to do substantial justice to this matter and to the Respondent who has been in detention since June 29, 2021, even after the lower court ordered his release and that he should never be prosecuted again on the same counts.
Ozekhome told the court, “They are still holding him unconstitutionally. We pray my lords to deliver justice and use this case, just like in Ojukwu vs. State, to demonstrate that no man or government should be above the law.”
On his part, the acting Director, Civil appeals at the Federal Ministry of Justice, Mr TA Gazali urged the Supreme Court to set aside the judgment of the Court of Appeal which ordered Kanu’s release, and order the resumption of his trial before the Federal High Court in Abuja on terrorism related charges.
Gazzali further urged the apex court to uphold the amended brief of argument he filed on May 3, 2023, and to dismiss Kanu’s Cross-Appeal.
The Abuja division of the Court of Appeal had in its judgment delivered on October 13, 2022, ordered Kanu’s release from detention.
A three-member panel of the appellate court in a unanimous judgment equally quashed a 15-count terrorism charge that FG entered against the detained IPOB leader, before the Federal High Court in Abuja.
The court said it was satisfied that FG flagrantly violated all known laws when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian government, divested the trial court of the jurisdiction to continue with Kanu’s trial.
However, dissatisfied with the judgement, FG took the matter before the Supreme Court.
It further persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.
