The Supreme Court on Friday, over ruled the verdict of the Court of Appeal which had earlier freed the leader of outlawed Indigenous People of Biafra (IPOB) Nnamdi Kanu, and declined to order his release.
The apex court upheld the treasonable charge filed against Kanu by the Federal government and the Directorate of State Services (DSS).
In the judgment delivered by Justice Emmanuel Agim, the Supreme Court voided the ruling of the appellate court which had, in October 2022, ordered Kanu’s release and quashed the terrorism and treasonable felony charges preferred against him on the grounds that he was unlawfully abducted in Kenya and brought back to the country after he jumped bail.
But Justice Agim held that although the Nigerian government recklessly and unlawfully rendered Kanu from Kenya, such an act has not divested any court in Nigeria from proceeding with a trial.
He also noted that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya.
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He added that at the 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.
Earlier in his prayers, counsel to the federal government, Tijani Gazali (SAN), had urged the apex court to set aside the judgment of the appeal court and affirm the judgment of a Federal High Court which refused to grant Kanu bail on the same issue, to the effect that the IPOB leader should stand trial in respect of the charge.
In his submission, Kanu’s lead 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 this matter.”
He urged the court to allow the cross-appeal filed by his client as he had been in unlawful custody since June 29, 2021.
In his final ruling, Justice Agim ordered that Kanu should go and defend himself in the remaining seven-count terrorism charges against him.
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