The Supreme Court on Friday overturned the appeal court judgement and upheld the treasonable charge filed against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
The federal government prayed the court to set aside an earlier judgement by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release because he was unlawfully brought back to the country after he jumped bail.
Kanu wants the Supreme Court to allow the Court of Appeal’s judgement and uphold his discharge and acquittal
Counsel to the federal government, Tijani Gazali (SAN), has urged the apex court “to allow the appeal, set aside the judgement of the court below, and affirm the judgement of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
The apex court, in a judgment delivered by Justice Emmanuel Agim, but written by Justice Garba Lawal, voided and set aside the judgment of the Court of Appeal, which in October last year ordered Kanu’s release and quashed the terrorism charges against him.
The Supreme Court held that although the Nigerian government recklessly and unlawfully rendered Kanu from Kenya, such an unlawful act has not divested any court from proceeding with trial.
Justice Lawal said that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya, adding that at the moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The apex court subsequently ordered that Kanu should go and defend himself in the remaining 7 counts of terrorism charges against him.
Earlier in his submission, Mr Mike Ozekhome, Kani’s counsel, urged the court to dismiss the appeal filed by the federal government with punitive costs and uphold the cross-appeal to do substantial justice to this matter.”
He urged the court to allow the cross-appeal filed by his client.
Ozekhome told the court that his client has been in custody since June 29, 2021
“Even when the lower court had ordered his release.”
