With the stay of execution granted by the Appeal Court, Kanu will remain in DSS custody
By Emma Ogbuehi
The Court of Appeal in Abuja has granted the request by the Federal Government for a stay of execution of its October 13 judgment freeing the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and quashing the terrorism charge filed against him.
A three-member panel of the court, in a ruling on Friday, upheld the Federal Government’s application and ordered that the execution of the judgment be put on hold pending the determination of the appeal filed against the judgment by the government.
Justice Haruna Tsanami, who read the lead ruling, ordered the FG to expedite action on the appeal it filed by ensuring prompt transmission of regards among others.
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The Court had on October 13, upheld the appeal of Kanu against his treason trial and rendition from Kenya by the government.
The Appeal Court declared as unlawful the abduction of Kanu in Kenya. A three-member panel of the appellate court also quashed the terrorism charge brought against him by the Federal Government.
The Court of Appeal was of the view that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charge against him incompetent and unlawful.
Not satisfied, the federal government filed an appeal at the Supreme Court against the judgement. Acting on behalf of the government, the Attorney General of the Federation Abubakar Malami asked the apex court to stay the execution of the October 13 judgement of the Court of Appeal.
In going about the appeal, the government filed a motion on stay of execution against the Appeal Court order. The motion contained a seven-ground notice of appeal, in which the Federal Government not only faulted the lower court’s decision, but equally prayed that it be set aside.
The appellant argued, among others, that the Court of Appeal erred when it faulted the manner Kanu was brought back to face trial after he jumped bail and fled the country.
It contended further that the Court of Appeal erred when it struck out the pending charges against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner Kanu was returned to the country upon allegedly jumping bail.
With the stay of execution granted by the Appeal Court, Kanu will remain in DSS custody