COVER STORY CRIMINAL PROSECUTION 20/10/2022
IPOB: Fed Govt Appeals Judgment Freeing Kanu
The Federal Government yesterday took its case against the Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu to the Supreme Court.
It has asked the apex court to stay the execution of the October 13 Court of Appeal judgment that freed the leader of the separatist group.
The request forms one of the reliefs in a motion for a stay of execution filed yesterday before the apex court by the office of the Attorney-General of the Federation (AGF).
The motion contained a seven-ground notice of appeal, in which the Federal Government not only faulted the lower court’s decision, but equally prayed that it be set aside.
The appellant argued, among others, that the Court of Appeal erred when it faulted the manner Kanu was brought back to face trial after he jumped bail and fled the country.
It contended further that the Court of Appeal erred when it struck out the pending charge against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner Kanu was returned to the country upon allegedly jumping bail.
A date for the hearing of the motion for the stay of execution is being awaited.
Last Thursday, the Court of Appeal in Abuja declared as unlawful Kanu’s repatriation to Nigeria from Kenya and his subsequent arraignment before a Federal High Court in Abuja for the continuation of his trial on pending terrorism charges.
The three-member panel of the court also quashed the terrorism charge brought against him by the Federal Government, pending before the Federal High Court in Abuja.
The Appeal Court was of the view that the Nigerian government breached all known local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charge against him incompetent and unlawful.
The judgment was on an appeal marked: CA/ABJ/CR/625/2022 filed by Kanu against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.