October 05, (THEWILL) – The Supreme Court has fixed December 15 for judgment in the appeals filed by the Federal Government, seeking to quash the ruling of the lower courts, which quashed the treasonable felony charge against Nnamdi Kanu, detained leader of the outlawed Indigenous People of Biafra (IPOB).
This was announced on Thursday, after lawyer to the Fed Govt, Tijani Gazali (SAN) and counsel to Kanu, Mike Ozekhome (SAN), made final submissions before the apex court.
THEWILL recalls that Justice Binta Nyako of the Federal High Court sitting in Abuja, had on April 8, 2022, struck out eight out of the 15-count treasonable felony charge levelled against Kanu by the Federal Government.
Justice Nyako’s ruling followed an application by Mike Ozekhome (SAN) on behalf of Kanu, which had sought an order quashing the entire charge against the IPOB leader.
Ozekhome had maintained that the charge against Kanu was legally defective, insisting that the court lacked the jurisdiction to prosecute him over an incompetent charge.
He told the Federal High Court that Kanu was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent”.
Ozekhome contended that since some of the charges against Kanu were purportedly committed outside Nigeria, the trial court lacked the territorial jurisdiction to hear the matter.
Also, the Court of Appeal, Abuja Division, had on October 13, 2022, upheld the ruling of the lower court and consequently ordered the Federal Government to release the IPOB leader.
But in an appeal filed at the Apex Court, the Federal Government prayed that the judgement of the lower court be set aside.
It specifically prayed the court to set aside the judgment by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release.
About the Author
