The Supreme Court has overruled a judgment by the appeal court that dismissed the terrorism charges against Nnamdi Kanu, the Indigenous People of Biafra, IPOB leader.
The Supreme Court held that the court of appeal was wrong that the trial court couldn’t try him because his rights were violated by the prosecution.
The apex court ruled that even though he was forcibly returned to Nigeria from Kenya after he violated his bail conditions, the trial court was within its rights to proceed with his trial.
Drama in court at Nnamdi Kanu’s appeal
Armed agents from the Department of State Services,DSS, assumed control of the Supreme Court’s security setup in anticipation of the outcome of a lawsuit filed by the Federal Government against Nnamdi Kanu.
DSS agents turned away plaintiffs and supporters of the IPOB leader by blocking the route to the court and the Villa gate.
Journalists who were granted accreditation by the Supreme Court and had official tags were also denied entry to the court premises.
Before the operatives reluctantly permitted newsmen to enter, it required the intervention of highly placed Court officials.
Read also: Nnamdi Kanu: Lawyer explains next step after Supreme Court’s verdict
An inconspicuous security car blocked the courtroom’s main entrance, and journalists had to undergo a lengthy frisking process before being permitted inside.
As of the time of this publication, the panel headed by Justice Kudirat Kekere-Ekun has not yet announced the court’s verdict.
The appeal aims to force the Federal Government to free the imprisoned head of IPOB. The Supreme Court was scheduled to rule on the case today, October 5.
After the attorneys for both sides adopted their last briefs of argument, a five-member panel of the supreme court, presided over by Justice Kudirat Kekere-Ekun, approved the matter for judgement.
Background
Since his repatriation from Kenya to Nigeria in June 2021, Kanu has been detained.
Under the administration of former Nigerian President Muhammadu Buhari, he was first taken into custody in 2015.
On October 13, 2022, the Court of Appeal in Abuja ruled that IPOB leader had been extra-ordinarily renditioned to Nigeria, a clear violation of both his basic human rights and the nation’s extradition treaty.
As a result, the court dismissed the Nigerian government’s terrorism-related accusations against Kanu and mandated his release from the SSS facility.
However, the government declined to free Kanu, with reason being that his release would create instability in his home region of the Southeast and that he might not be available for future legal procedures.
The government then challenged the court decision through the Attorney-General of the Federation’s office, and at the Supreme Court, it was able to secure an order postponing the execution of the court judgement which held today, December 15.
Read also: Nnamdi Kanu orders Simon Ekpa to put an end to all ‘Sit-At-Home’
A five-member panel led by Kudirat Kekere-Ekun deferred the matter for ruling during the October appeal hearing after hearing arguments from the parties’ attorneys.
On November 3, 2022, Kanu, along with one of his attorneys, Mike Ozekhome, filed a lawsuit in the Supreme Court contesting his incarceration as a result of the stay of execution ruling.
Kekere-Ekun stated at the hearing that the points brought up by Kanu’s lawsuit contesting his prolonged detention will be addressed by the ruling made in the federal government’s appeal.
Tijjani Gazali, SAN, the attorney for the federal government, pleaded with the Supreme Court to “allow the appeal” and overturn the Court of Appeal’s ruling that had freed Kanu earlier in the hearing.The acting Director of Civil Appeals for the Federal Ministry of Justice in Abuja, pleaded with the court to uphold the ruling of the Federal High Court in Abuja, which upheld the IPOB leader’s terrorist accusations.
However, in an attempt to bring significant justice to this situation, Ozekhome, law professor and SAN, pleaded with the supreme court “to dismiss the appeal with punitive cost and respectfully uphold the cross-appeal.”
Read also: Court declares IPOB proscription unconstitutional, awards Kanu N8bn
He informed the court that since his return to Nigeria on June 29, 2021, Kanu had been held without charge or trial.
The ruling was rendered approximately three days after President-General Emmanuel Iwuanyanwu of the Igbo socio-cultural group requested that President Bola Tinubu free Kanu. “I hereby make a passionate appeal to our President, Sen. Bola Ahmed Tinubu to assist in procuring the release of Mazi Nnamdi Kanu. This will be a highly prized Christmas gift to all Igbos of Nigeria and all other Nigerians who are committed to a peaceful and secure country,” he had said.
Alongside Iwuanyanwu, other Igbo leaders who had individually requested the release of the IPOB leader from the federal government included Governor Charles Soludo of Anambra State and Governor Peter Mbah of Enugu State. However, their pleas were turned down.
The outcome of the Supreme Court’s much-awaited decision just determined Kanu’s fate.
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
