Supreme Court Overturns Dismissal of Terrorism Charges Against Nnamdi Kanu
In a significant development, the Supreme Court has set aside the judgment by the lower court that dismissed terrorism charges against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB). The apex court held that the trial court had the jurisdiction to try Kanu, emphasizing that the court of appeal was mistaken in its earlier decision.
Justice Garba Mohammed, who prepared the judgment, condemned the invasion of Kanu’s residence, deeming it irresponsible. He underscored that despite the violation of Kanu’s rights, there is no law in the country preventing a trial based on such violations. He stated, “Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.”
The Supreme Court criticized the unlawful invasion of Kanu’s home and affirmed that the law must take its course. Justice Mohammed stated, “The appeal is allowed, and the cross-appeal is dismissed.”
Nnamdi Kanu, initially arrested in 2015 during the administration of former Nigerian President Muhammadu Buhari, was granted bail in April 2017. Following an invasion of his home in 2017, he fled the country and was re-arrested in Kenya in June 2021.
Initially facing charges of treasonable felony, conspiracy, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari, the charges were later reduced to seven, including terrorism-related offences.
The Court of Appeal in Abuja, on October 13, 2022, ruled that Kanu’s rendition to the country violated the extradition treaty and breached his fundamental human rights. The court also dismissed the terrorism charges, ordering his release from the Department of State Services (DSS) facility.
However, the Federal Government appealed the ruling and obtained an order staying the execution of the judgment at the Supreme Court. Nnamdi Kanu, in response, filed an appeal against the stay of execution order on November 3, 2022. The recent decision by the Supreme Court marks a pivotal turn in the legal proceedings surrounding Kanu’s case, reigniting the debate on the boundaries of legal jurisdiction and human rights in Nigeria.