The Court of Appeal sitting in Abuja has reserved judgement in the application by the Federal Government seeking to stay the execution of the judgement that set free the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The three-member panel of justices led by Justice Haruna Tsalmani reserved judgement on Monday after listening to arguments from the counsel.
Arguing on behalf of the Federal Government, David Kaswe told the court that the major ground of their application was on national security of the country.
Kaswe said the application for stay of execution was to allow national security pending the hearing and determination of their appeal at the Supreme Court.
“If Kanu is released, he may not be available to face his charges in court because he had already jumped bail before.
“Releasing him will increase the state of insecurity in the South-East,” he said.
The lawyer urged the appellate court to grant the Federal Government’s application and not release Kanu.
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On his part, counsel to Kanu, Mike Ozekhome, SAN, opposed the application for stay of execution on the grounds that it was a ploy to overrule the judgement of the appellate court.
“My lords should not allow them because it will cause chaos and anarchy.
“The release of Kanu will bring peace to the South-East; so there is no need to stay execution where there is no valid appeal,” Ozekhome said.
On the issue that Kanu had earlier jumped bail, Ozekhome argued that Kanu did not jump bail but escaped for his life when his house was evaded by the Federal Government.
He also predicated his objection on the grounds that Kanu had a terminal illness and needed comprehensive medical attention outside of the Department of State Services (DSS) custody.
The lawyer prayed the court to dismiss the application for stay of execution, saying he would not ask for cost.
The court had earlier refused to grant the request of the Federal Government for adjournment but rather stood it down for counsel to peruse the necessary documents and argue their case.
Kaswe had complained that he was served with a counter affidavit by Ozekhome only on Friday.
The Appeal Court, on October 13, voided the rendition of Kanu from Kenya to Nigeria and discharged him.
The court voided the rendition of Kanu on account of breach of local and international laws.
The Federal Government, not satisfied with this judgement, said it would explore every legal avenue to quash the judgement of the appellate court.
The government, after appealing the appellate court’s judgement, filed a stay of execution on the grounds that releasing Kanu would not be in the interest of national security.
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