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From Godwin Tsa, Abuja
The Supreme Court, on Friday, nullified the judgment of the Court of Appeal that ordered the Federal Government to release the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, from detention.
Though the Supreme Court noted that the Federal Government acted “irresponsibly”, when it forcefully repatriated Kanu to the country from Kenya, against all known laws, the five-member of court unanimously held that the action was not enough to divest the trial court of its jurisdiction to continue with Kanu’s trial.
In the judgment that was prepared by Justice Garba Mohammed, the apex court held that there is no legislation in the country that stripped the trial court of the jurisdiction to proceed with Kanu’s case, inrespective of the illegal action taken by the federal government against him.
Justice Emmanuel Agim who read the judgment held that the legal remedy available for Kanu was for him to file a civil suit against the government.
“The court of appeal was wrong to say that the trial court cannot try Kanu. It can,” the apex court said.
“There is no legislation that provides that a trial court will not have jurisdiction where a prosecution violates a persons right.
“Certainly, we decided not to go with the Court of Appeal decision,” Justice Agim said.
He said as much as the apex court strongly condemned what the prosecution did, Nigeria must protect its image through adherence to International and local law.
“The Nigerian law has not stated that the court should decline jurisdiction from trying a case even if law enforcement has violated the rights of a person,” the apex court said, allowing the appeal of the FG
Our law is that evidence illegality obtained is valid before the court. A violation of Mr Kanu’s right should have been by way of civil proceedings. That is not our law for now,” Mr Abubakar declared.
Regardless, the court slammed FG, saying it must be conscious of its image, both locally and internationally, even as it knocked the trial court for revoking Kanu’s bail after he escaped to save his life following the invasion of his home by security agents.
The IPOB leader, who was first arrested by security agents in Lagos on October 14, 2015, has been in detention since June 29, 2021.
On October 13, 2022, the Court of Appeal justices quashed all charges against Kanu, agreeing with the submissions of Mike Ozekhome, the IPOB leader’s lead counsel.
The Court of Appeal, while discharging Kanu of the 15 count charges against him, had barred the FG from trying Kanu on the charges he was facing before his forceful rendition from Kenya to Nigeria by agents of the Nigerian government on June 27, 2021.
The Justices held that Kanu’s extraordinary rendition from overseas was done in violation of international laws, treaties on extradition, thereby shielding Kanu from being tried on the charges.
But the appellate court later stayed its judgment after the federal government through the office of the Attorney-General of the Federation asked that the execution of the verdict be paused in view of its application to the Supreme Court.
The AGF then appealed to the Supreme Court to set aside the lower court’s decision while Kanu’s lawyer urged the apex court to uphold the judgment of the Court of Appeal and order the release of his client.
Kanu’s lawyer, Mike Ozekhome, had told the court to dismiss the appeal of the federal government and order the release of his client.
But the counsel for the office of the Attorney General of the federation, T.A. Gazali, urged the court to set aside the judgment of the Court of Appeal and affirm the decision of the Federal High Court that Kanu should stand trial on the charges against him.
