Supreme Court: Nnamdi Kanu to know fate Dec 15
The Supreme Court on Thursday set December 15 as the date for its decision on the appeal attempting to compel the Federal Government to free the imprisoned leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.
After counsel for both the FG and the arrested IPOB leader adopted their last briefs of argument, a five-member panel of the Supreme Court, led by Justice Kudirat Kekere-Ekun, approved the case for ruling.
While the FG was represented by a legal team led by Mr. T. A. Gazzali, SAN, Acting Director, Civil Appeals at the Federal Ministry of Justice, Kanu’s legal team was led by Mr. Kanu Agabi, SAN, a former Attorney-General of the Federation and Minister of Justice.
Even though Agabi, SAN, led Kanu’s team of lawyers, however, it was Prof. Mike Ozehkome, SAN, who presented his appeal to the apex court panel.
Ozehkome, SAN, prayed the court to not only order the immediate release of his client from detention but to equally award a “very heavy and punitive cost” against FG.
“We urge my lords 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.
Read Also: Nnamdi Kanu: Court dismisses fresh bail application
“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,” Ozehkome, SAN, pleaded.
However, in his submission, FG’s lawyer, Gazzali, SAN, urged the apex court to uphold the amended brief of argument he filed on May 3, 2023.
He prayed the court to allow FG’s appeal, 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, SAN, further urged the apex court to dismiss Kanu’s Cross-Appeal.
It will be recalled that Kanu’s release from detention was ordered by the Court of Appeal in Abuja in a verdict issued on October 13, 2022.
The appellate court also rejected a 15-count terrorism charge filed by the FG against the jailed IPOB leader before the Federal High Court in Abuja, in a unanimous ruling by a three-member panel.
The court stated that it was satisfied that the FG flagrantly violated all known laws when it forcibly returned Kanu to Kenya for the continuation of his trial.
It concluded that the Nigerian government’s arbitrary use of power absolved the trial court of jurisdiction to continue Kanu’s prosecution.
However, unsatisfied with the decision, FG appealed to the Supreme Court.
It also convinced the appellate court to stay the execution of the judgment pending the outcome of its appeal.
