The Appeal Court had on October 13 voided the rendition of Kanu from Kenya to Nigeria and discharged him.
By Jeffrey Agbo
The Court of Appeal in Abuja on Monday reserved judgment in the application by Nigerian authorities seeking to stay execution of the judgment that freed the leader of the Indigenous People of Biafra, Nnamdi Kanu.
Leading a three-member panel, Justice Haruna Tsammani reserved judgment after listening to arguments from counsels.
Justice Tsammani announced that a date for judgment would be communicated to all parties.
Counsel to the Federal Government, David Kaswe, told the court that the major ground of their application was on national security of the country.
He said the application for stay of execution was to allow for national security pending the hearing and determination of their appeal at the Supreme Court.
“If Kanu is released, he may not be available to face his charges in court because he had already jumped bail before.
“Releasing him will increase the state of insecurity in the South East,” he said.
Kaswe urged the appellate court to grant the Federal Government’s application and not release Kanu.
But Mike Ozekhome, counsel to Kanu, opposed the application for stay of execution on the grounds that it was a ploy to overrule the judgment of the appellate court.
“My lords should not allow them because it will cause chaos and anarchy.
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“The release of Kanu will bring peace to the South East, so there is no need to stay execution where there is no valid appeal,” Ozekhome said.
On the issue that Kanu had earlier jumped bail, Ozekhome argued that the IPOB leader did not jump bail but escaped for his life when his house was evaded by the Federal Government.
Ozekhome also predicated his objection on the grounds that Kanu had a terminal illness and needed comprehensive medical attention outside of the Department of State Services (DSS) custody.
The senior lawyer prayed the court to dismiss the application for stay of execution, saying that he would not ask for cost.
Earlier, the court had refused to grant the request of the Federal Government for adjournment but rather stood it down for the counsels to peruse the necessary documents and argue their case.
Kaswe had complained that he was served with a counter affidavit by Ozekhome only on Friday.
The Appeal Court had on October 13 voided the rendition of Kanu from Kenya to Nigeria and discharged him.
The appellate court voided the rendition on account of breach of local and international laws.
