The Supreme Court of Nigeria has set December 15 to rule on the case of Nnamdi Kanu. On Thursday, October 5, 2023, The Supreme Court heard two separate appeals filed by the detained leader of the Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu, challenging his continued detention by the Federal Government.
Mr Kanu, who is facing charges of treason, terrorism, and unlawful possession of firearms, has been in custody since October 14, 2022, when he was arrested in Kenya and extradited to Nigeria.
On October 13, 2022, the Court of Appeal in Abuja had delivered a landmark judgment in an appeal filed by Mr Kanu’s counsel, Mike Ozekhome, SAN, directing the Federal Government to immediately release Mr Kanu unconditionally and prohibiting it from further detaining or prosecuting him on any indictment or charge before any court in Nigeria.
However, the Federal Government appealed against the judgment and obtained a stay of execution from the same court pending the determination of its appeal at the Supreme Court.
Mr Kanu’s counsel, Ifeanyi Ejiofor, also filed a cross-appeal at the Supreme Court seeking to set aside the stay of execution and uphold the judgment of the Court of Appeal.
On Thursday, both appeals were heard by a five-man panel of justices led by Justice Mary Odili. The counsel for the parties exchanged legal arguments and urged the court to rule in their favour.
Prof. Ozekhome, SAN, leading Mr Ejiofor and others for Mr Kanu, argued that the Federal Government had no valid grounds to appeal against the judgment of the Court of Appeal, which he described as “a victory for justice and human rights”.
He submitted that Mr Kanu was entitled to his fundamental rights to personal liberty, fair hearing, and freedom of expression as guaranteed by the Constitution and international treaties.
Ozekhome also contended that the stay of execution was wrongly granted by the Court of Appeal as it amounted to suspending the Constitution and rendering the judgment nugatory.
He urged the Supreme Court to dismiss the appeal by the Federal Government and set aside the stay of execution.
On the other hand, the counsel for the Federal Government, Abubakar Malami, SAN, who is also the Attorney-General of the Federation and Minister of Justice, maintained that the appeal by the Federal Government was meritorious and that the judgment of the Court of Appeal was erroneous and perverse.
He argued that Mr Kanu was not entitled to unconditional release as he had committed serious offences against the state and posed a threat to national security and public order.
Malami also submitted that the stay of execution was properly granted by the Court of Appeal as it was necessary to preserve the status quo and prevent a miscarriage of justice.
He urged the Supreme Court to allow the appeal by the Federal Government and affirm the ruling of the Court of Appeal.
After listening to both parties, Justice Odili announced that the court had reserved its judgment till December 15, 2023. She said that the court would communicate the date of judgment to the parties through their counsel.
