November 14, (THEWILL) – A Federal High Court, Abuja, on Monday, adjourned the suit filed by the Federal Government against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, indefinitely.
THEWILL earlier reported that the Federal Government filed an amended seven-count terrorism charge against Kanu.
The amended charge numbered FHC/ABJ/CR/ 484/22, contained all allegations against the IPOB leader that were earlier voided by the court.
The Court of Appeal had also quashed all the terror-related charges against Kanu, citing “executive lawlessness”. Also, an appeal on the matter is currently pending before the Supreme Court.
But as the trial court resumed on Monday before Justice Binta Nyako, Kanu’s lawyer, Mike Ozekhome (SAN), accused the Federal Government of not serving him with the fresh charges.
He protested that the fresh plea amounted to an abuse of the court process, adding that parties ought to await the final outcome at the Supreme Court before taking any further legal step if needed.
“My lord, we have not even been served this charge. We only read it on social media. I thought they would have said they are withdrawing their charge because it constitutes abuse of court process.
“We are happy to report that on the 13 of October, the Court of Appeal delivered a landmark judgment allowing our appeal, thereby setting aside the remaining 7 count charge.
“The prosecution has filed an appeal before the Supreme Court and that appeal is pending.
“Although, on the 28 of October, the same lower granted a stay of execution on our appeal”, he said, adding that on the 3rd of November, he appealed to the Supreme Court against the ruling which did not invalidate the extant judgement of the Court of Appeal.
“The position, therefore, on this matter is that appeal has been duly entered before the apex court of Nigeria. With all respect sir, I humbly urge this court to adjourn (indefinitely) this matter and await the judgement of the Supreme Court”, he added.
Subsequently, Justice Nyako held that since the appeal is before the Supreme Court, the court must adjourn and await the decision of the Supreme Court.
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