The Supreme Court has set October 5 for a hearing on the Federal Government’s appeal against the Court of Appeal’s decision, which annulled and acquitted Nnamdi Kanu, the arrested leader of the banned Indigenous People of Biafra (IPOB), of treasonable charges.
According to Ifeanyi Ejiofor (Esq.), IPOB’s lead counsel, the Supreme Court will hear a “frivolous appeal” filed by the Federal Government of Nigeria against the Court of Appeal’s decision on October 5; and to set aside the Court of Appeal’s ruling staying the execution of its earlier decision.
Recall that on April 8, 2022, Justice Binta Nyako of the Federal High Court in Abuja dismissed eight of the 15-count treasonable felony charge leveled 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.
Ozekhome told the Federal High Court that Kanu was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent.”
He 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.
