The apex court has upheld the treasonable charge filed by the Federal Government against leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
By Jeffrey Agbo
The Supreme Court on Friday upheld the treasonable charge against leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The ruling came after the Federal Government argued that the Court of Appeal was erroneous in its judgement that Kanu be released immediately because he was unlawfully brought back to the country after he jumped bail.
The Supreme Court judgement was delivered by Justice Emmanuel Agim, but prepared by Justice Garba Lawal.
The court held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with trial.
Justice Lawal said that no Nigerian law was cited in the suit seeking Kanu’s release on the grounds of unlawful abduction from Kenya.
According to the court, at the moment, the remedy for such an action is for Kanu to file a civil matter against the act instead of removing the powers of the courts to continue with his trial for alleged criminal charges.
Counsel to the Federal Government, Tijani Gazali (SAN), had urged the apex court “to allow the appeal, set aside the judgment of the court below, and affirm the judgment of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
Kanu was arraigned before Justice Binta Nyako of the Federal High Court in Abuja after his extradition to Nigeria by the Federal Government.
He was facing a four-count of treasonable felony, conspiracy to commit treasonable felony, terrorism, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari.
The charges were later amended to a 15-count on terrorism and membership of a proscribed group.
Justice Binta Nyako in her ruling dismissed eight out of the 15 counts.
After appealing the ruling, the Court of Appeal dismissed the remaining charges and ordered that Kanu should be released.
In a twist, the court then granted a stay of execution of its judgment after the Federal Government had told the court they were appealing to the Supreme Court.
