December 15, (THEWILL) – The Supreme Court of Nigeria has upheld the appeal filed by the Federal Government challenging the judgment of the Court of Appeal that quashed its seven-count terrorism charges against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
A five-member panel of the apex court, led by Justice Kudirat Kekere-Ekun, held on Friday that the detained IPOB be tried on the seven-count charges.
Kanu has been in the custody of the Department of State Services (DSS) since his extradition from Kenya on June 19, 2021.
The Court of Appeal, Abuja, had in October 2022, affirmed the judgment of the Federal High Court, Abuja, which declared illegal and unlawful Kanu’s extradition from Kenya and quashed the entire terrorism charges brought against him by the government.
Justice Binta Nyako of the Federal High Court had struck out eight of the 15 counts of terrorism charges in the original charge filed against Kanu, leaving seven, which the Court of Appeal quashed in its judgment.
The appellate court had in the verdict delivered by Justice Oludotun Adebola held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the charges against him incompetent and unlawful. The court further quashed the seven counts of treasonable felony charge filed against him at the Federal High Court in Abuja before he jumped bail.
However, following an appeal by the government at the Supreme Court, another panel of the Court of Appeal, led by Justice Haruna Tsanami, ordered Kanu’s release to be put on hold.
The Federal Government had prayed the apex court to set aside an earlier judgment by the Court of Appeal, which quashed the treasonable felony charge against Kanu.
Making its final submission in October, the Federal Government through its lawyer, Tijani Gazali (SAN), prayed the apex court “to allow the appeal, set aside the judgment of the court below and affirm the judgment of the trial court (Federal High Court) to the effect that the respondent should stand trial in respect of the 7-count terrorism charge, which the court below quashed.”
The Government had argued that Kanu be made to stand trial on the 7-count terrorism charges.
Kanu had in a cross-appeal, filed through his lead counsel, Mike Ozekhome (SAN), prayed the Supreme Court to uphold the judgment of the Court of Appeal, which discharged and acquitted him of the 7-count charges.
