SUPREME COURT ADJOURNS FG's APPEAL VS NNAMDI KANU'S TO 15Th DECEMBER, 2023 FOR JUDGEMENT.

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The Supreme Court of Nigeria has slated December 15 for the delivery of its judgment over the case of Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB). The five-member panel headed by Justice Kudirat Kekere-Ekun has approved the matter for judgment after hearing arguments by lawyers for both the government and Kanu, with the former Attorney-General of the Federation and Minister of Justice, Kanu Agabi, leading Kanu’s legal representation and Acting Director, Civil Appeals at the Federal Ministry of Justice, Mr. T. A. Gazzali, SAN, representing the FG. 

Prof. Mike Ozehkome, SAN, presented Kanu’s appeal to the apex court panel, asking for the immediate release of his client from detention and for the government to bear the cost of the case. The case has been highly contentious, with Kanu, the pro-Biafran leader, detained since 2015 when he was first charged with treasonable felony at the Federal High Court in Abuja. Since then, Kanu has been imprisoned and released twice, with his rearrest in 2021 and subsequent detention causing widespread protests in the South-East region of the country by IPOB supporters.

Even though Agabi, SAN, led Kanu’s team of lawyers, however, it was Prof. Mike Ozehkome, SAN, that 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 “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.

“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.

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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 judgement 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.

The FG Counsel, further urged the apex court to dismiss Kanu’s Cross-Appea

Note before:

Court of Appeal  sitting in Abuja had in a judgement it delivered on October 13, 2022, ordered Nnamdi Kanu’s release from DSS detention.

In a unanimous decision by a three-member panel, the appellate court equally quashed a 15-count terrorism charge that FG entered against the detained IPOB leader, before the Federal High Court in Abuja .

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The court said it was satisfied that FG flagrantly violated all known laws, when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.

It held that such arbitrary use of power by the Nigerian government, divested the trial court of the jurisdiction to continue with Kanu’s trial.

However, dissatisfied with the judgement, FG took the matter before the Supreme Court and further persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.

in the other hand, The trial of Nnamdi Kanu has been said to be marked by allegations of human rights abuses, with some human rights groups condemning the Nigerian government’s treatment of Kanu. The Movement for the Actualization of the Sovereign State of Biafra (MASSOB) declared that “it is a sign of leadership failure and bad governance in Nigeria where innocent citizens are illegally denied their fundamental human rights by the State.” The case has also raised fears over the growing prevalence of secessionist movements across Nigeria, with calls for greater autonomy and self-determination by various groups across the country.

With the date for the delivery of judgment set, the future of Kanu’s detention will be decided by Nigeria’s highest court. The ruling will have far-reaching consequences for the country, not least for the ongoing debate over the place of separatist movements in Nigerian politics.

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