October 24, (THEWILL) – The Court of Appeal sitting in Abuja has reserved ruling on an application filed by the Attorney-General of the Federation, for a stay of execution on the court’s initial judgment, which discharged the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
THEWILL reported that the Court of Appeal on October 13, 2022 had acquitted Kanu of the terrorism charges filed against him by the Federal Government, citing the ‘lawlessness’ of the executive arm of government.
The AGF counsel, D. Kaswe, prayed the court for a stay of execution against the appellate court judgment because the application was brought essentially in the interest of justice and the need to preserve the security of the nation, particularly in the South-East.
“Nnamdi Kanu is a flight risk who had jumped bail. We urge the honorable court to grant our application as prayed. One of the grounds of our application touches on the national security of our country”, Kaswe argued on Monday.
He added that the counter affidavit filed by Kanu’s lawyer has no bearing on the case before the court.
Kaswe argued that the Supreme Court had held that human rights can be suspended in the interest of national security.
“If the discharge of Kanu is not stayed, my lord, it will be very difficult for us to be able to lay our hands on Kanu to bring him to face charges of the offenses against him.
“There is reasonable intelligent report from security agencies that the enforcement of the judgement of this court may impart negatively on the already declining security situation in the southeast”,Kaswe further argued.
But Kanu’s lawyer, Mike Ozekhome (SAN), asked the appellate court to dismiss the application with ignominy.
“This court has made a pronouncement. In fact, the purpose of this application is to overrule the judgment of this court as they boasted. Even if a judgment is wrong, no party has a right to say I will not obey it”, Ozekhome argued.
He contended that the release of Kanu will bring peace to the Southeast and Nigeria at large.
“It is forbidden to stay execution in a criminal matter because it is like stopping the liberty of a person”, he added.
Ruling on the submissions of counsel, Justice Haruna held that his ruling on the stay of execution application is reserved.
“Ruling is reserved. When it is ready, I will notify counsels”, Justice Haruna said.
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