The attempt by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), to secure his release through the Supreme Court was unsuccessful. On Friday, the Supreme Court, in a judgment delivered by Justice Emmanuel Agim but written by Justice Garba Lawal, overturned the decision of the Court of Appeal from October of the previous year. The Court of Appeal had ordered Kanu’s release and dismissed the terrorism charges against him.
Justice Lawal, speaking on behalf of the Supreme Court, nullified the Court of Appeal’s judgment, stating that despite the Nigerian Government’s reckless and unlawful extradition of Kanu from Kenya, such actions did not prevent the courts from proceeding with the trial. He emphasized that the lawsuit seeking Kanu’s release did not cite any Nigerian law related to his unlawful abduction from Kenya. The court suggested that Kanu’s recourse for such an act should be through a civil matter rather than stripping the courts of their power to continue with his trial on criminal charges.
Consequently, the Supreme Court directed Kanu to defend himself against the remaining seven counts of terrorism charges. Initially facing a four-count charge before Justice Binta Nyako of the Federal High Court in Abuja, including 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 by the Nigerian government to a 15-count charge on terrorism and membership of a proscribed group.
In a prior ruling, Justice Nyako dismissed eight out of the 15 charges but held that Kanu must answer to the remaining seven charges. Unsatisfied with this decision, Kanu appealed to the Court of Appeal, which not only dismissed the remaining charges but also ordered his release. However, the execution of this judgment was stayed after the federal government indicated its intention to appeal at the Supreme Court.
Kanu’s challenge to the stay of execution, which had delayed his release, centered around the government’s appeal against the Court of Appeal’s decision to dismiss the remaining charges against the IPOB leader.
