The government’s counsel Tijjani Gazzali prayed the Supreme Court to set aside the judgement of the appellate court which ordered Kanu’s release.
By Jeffrey Agbo
The Supreme Court has announced it would on December 15 deliver judgement on appeals regarding the continued detention of leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
A five-member panel of the apex court led by Kudirat Kekere-Ekun gave the date on Thursday.
Kanu has been in the custody of the Department of State Services (DSS) since he was extradited from Kenya on June 19, 2021.
After his extradition, the Nigerian government filed terrorism charges against him.
On April 8, 2022, Justice Binta Nyako of a Federal High Court in Abuja struck out eight of the 15 counts in the charge.
The remaining seven counts were later quashed by the Court of Appeal on October 13, 2022. The appellate court also ordered Kanu’s release.
However, on October 28, 2022, the Court of Appeal granted a stay of execution on its verdict discharging Kanu, after the government filed an appeal at the Supreme Court.
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Kanu subsequently appealed the order staying execution.
During proceedings on Thursday, Kanu’s lawyer, Mike Ozekhome, prayed the court to order the immediate release of his client from detention and award “very heavy and punitive cost” against the government.
“We urge my lords to uphold our cross-appeal in order to do substantial justice to this matter and to the respondent who has been in detention since June 29, 2021, even after the lower court ordered his release and that he should never be prosecuted again on the same counts,” Ozekhome said.
“They are still holding him unconstitutionally. We pray my lords to deliver justice and use this case, just like in Ojukwu vs. State, to demonstrate that no man or government should be above the law.”
However, in his submission, the government’s counsel, Tijjani Gazzali, prayed the Supreme Court to set aside the judgement of the appellate court which ordered Kanu’s release, and order the resumption of his trial before the Federal High Court in Abuja on terrorism-related charges.