The Supreme Court has upheld the trial of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, for terrorism charges filed against him.
The Supreme Court, on Friday, December 15, 2023, set aside a judgement by the Court of Appeal which dismissed the terrorism charges against Kanu.
The federal government had prayed the court to set aside an earlier judgement by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release on the grounds that he was unlawfully brought back to the country after he jumped bail.
Kanu wanted the Supreme Court to allow the judgement of the Court of Appeal and uphold his discharge and acquittal.
The counsel for the federal government, Tijani Gazali (SAN), urged the apex court “to allow the appeal, set aside the judgement of the court below, and affirm the judgement of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
Gazali further urged the court to dismiss the cross-appeal filed by Kanu.
In his submission, Kani’s counsel, Mike Ozekhome, urged the court to dismiss the appeal filed by the federal government with punitive costs and uphold the cross-appeal in order to do substantial justice to the matter.
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He urged the court to allow the cross-appeal filed by his client.
Ozekhome told the court that his client has been in custody since June 29, 2021.
The Supreme Court, however, declined the appeal for the release of Kanu from detention.
The judgement written by Justice Garba Lawal voided and set aside the judgement of the Court of Appeal which in October last year ordered the release of Kanu and also quashed the terrorism charges against him.
Justice Lawal said although the Nigerian government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with trial.
He added that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya adding that at moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The judge subsequently ordered that Nnamdi Kanu should go and defend himself in the remaining seven count terrorism charges against him.
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