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Friday, 15 December 2023 17:26

BREAKING: NNAMDI KANU TO FACE TRIAL

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Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), is facing more difficulties after the Supreme Court on Friday refused to grant his freedom from custody.

Nnamdi Kanu

The Court of Appeal's October 2023 ruling that had quashed the federal government's terrorism charges against Kanu and ordered his release from detention was void and set aside by the Apex Court in a unanimous decision written by Justice Garba Lawal and read by Justice Emmanuel Agim.

 

The Nigerian government unlawfully and carelessly kidnapped Kanu from Kenya, but the Supreme Court ruled that this illegality did not prevent any court from moving on with a trial.

 

The court ruled that no Nigerian law had been referenced in the lawsuit asking for Kanu's release on the grounds of his merely unlawful rendition from Kenya. It further stated that Kanu's only available remedy at this time is to file a civil action against the act in question rather than abdicating the court's authority to proceed with his trial for alleged criminal charges.

 

Subsequently, the Apex Court directed Kanu to appear in person before the Federal High Court to defend himself against the remaining seven counts of terrorism that were brought against him.

 

Recall that the Supreme Court postponed making a decision on the appeals filed by the Federal Government and the arrested IPOB leader until December 15 of this year in October of this year.

 

The date was set by the supreme court following the adoption of the procedures submitted by IPOB leader Prof. Mike Ozekhome (SAN) and Federal Government attorney Tijjani Gazali (SAN).

 

Gazali, who took on the procedures on behalf of the federal government, urged the Supreme Court to grant the appeal and overturn a previous ruling by the Court of Appeal, which had quashed Kanu's treasonable felony charge and ordered his release on the grounds that he had been forcibly returned to the country after jumping bail.

 

Gazali further asked the court to uphold the Federal High Court of Abuja's ruling, which maintained that Kanu should be put on trial on the counts that the Court of Appeal had dismissed.  Additionally, he asked the court to reject Kanu's cross-appeal on the grounds that it was without substance.

 

Adopting the procedures that the IPOB leader had filed against the appeal, Ozekhome asked to the supreme court to uphold the Court of Appeal's decision and reverse the subsequent order that had been made to halt the judgment's implementation.

In an effort to do justice, the senior attorney also begged the court to support the cross-appeal.

 

The Federal High Court's decision to retain seven of the fifteen counts originally filed against Kanu after striking out eight of the counts was challenged by Kanu in an appeal, and the Court of Appeal, Abuja Division, delivered a judgment in that appeal on October 13, 2022.

The erudite Justices of the Court of Appeal ordered the Federal Government to promptly release the IPOB leader unconditionally after granting Kanu's appeal, which was submitted by Ozekhome.

 

In its ruling, the appeal court forbade the Federal Government from keeping Kanu in custody longer or from bringing any legal action against him in Nigerian courts on the basis of any indictment or accusation.

 

The appeal court also dismissed the 15-count terrorism indictment the Federal Government filed against the jailed IPOB leader before the Federal High Court in Abuja, in a unanimous ruling by the three-member panel.

 

The Federal Government filed nine grounds of appeal with the Supreme Court to challenge Kanu's release from jail because they were unhappy with the appellate court's decision.

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