Nnamdi Kanu: FG Finally Drags IPOB Leader to Supreme Court, Files 7 Grounds against Appeal Court Judgement
- The federal government has finally dragged the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to the Supreme Court
- Kanu had got a favourable judgement against the federal government when the Court of Appeal discharged him
- The government has, however, filed grounds of appeal against the appellate court verdict and also sought a stay of execution of the judgment
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FCT, Abuja - The federal government has filed seven grounds of appeal at the Supreme Court against the Court of Appeal judgment which discharged the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The government asked the apex court to set aside the judgment and restore the charge against Kanu to be tried at the trial court.
The Nigerian government is also seeking a stay of execution of the judgment of the Court of Appeal, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk.
According to The Punch, the federal government's notice of appeal dated October 18 was signed by the Director of Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice.
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Nnamdi Kanu: Court of Appeal errs in law
The federal government also averred that the Court of Appeal erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.”
“There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law," it stated.
On Nnamdi Kanu's alleged abduction
The federal government also contended that the appellate court erred when it held that the executive arm must not be allowed to benefit from the alleged abduction of Kanu “when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a m*iscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”
The government also claimed that the appeal court was wrong by saying that how Kanu was brought back to the country could vitiate and weaken the criminal charges of treason, treasonable felony and terrorism brought against him.
It added that the lower court made that decision without taking into account the fact that the nature of the “entry’’ of the respondent is not relevant in the determination of the charges against him.
Appeal court errs by discharging Kanu, says FG
The federal government further argued that the court below erred in law when it discharged the respondent of the offences mentioned in counts 1, 2, 3, 4, 5, 8 and 15 bordering on terrorism offences contained in the amended charge dated January 14, 2022, and retained by the trial court for want of jurisdiction.
The appeal observed that the appellate court was completely silent and closed its eyes to the obvious fact of the issues which predate the rendition of the respondent because he was standing trial for conspiracy, and treasonable felony terrorism before his escape.
The FG also stated that Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.
Nnamdi Kanu's Trial: Nigerians react
Ricketts Oluwarotimi said:
"They should swallow their pride, and accept the court judgement in good faith. Government cannot win always, because truth will always prevail no matter how long."
Ade Ayo Ade said:
"I see some people struggling to swallow their pride and do the needful. I come in peace o."
Oyeleye Raphael O said:
"President Buhari said to the Igbo leaders when they begged him to release Kanu, he said let the court make their final decision about the case the court has spoken now but it is unfortunate that this government is always disobeyed court order."
Sagir Maikano Tilde said:
"Kanu gets old without achieving any goal in his life, agitating for what is impossible... I pity you."
Emmanuel Austin said:
"A government that cannot obey court judgement,is that one a government?
"Let's see what supreme court will judge,if they will not first ask government to first obey court order as in the case of ASUU."
Nnamdi Kanu: IPOB leader discharged, not acquitted, says AGF Malami
Earlier, Legit.ng reported that the federal government on Thursday, October 13, reacted to the Court of Appeal judgement that quashed the terrorism charge it preferred against Kanu.
The Attorney-General of the Federation (AGF) and minister of justice, Abubakar Malami, SAN, contended that Kanu was merely discharged by the appellate court and not acquitted.
He also said issues that predated Kanu’s rendition from Kenya are yet to be determined by the court, adding that the federal government would exploit the appropriate legal options and also communicate same to the public.