The Supreme Court is set to announce its judgment on the appeals lodged by both the federal government and Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), on Friday. The five-member panel, led by Justice Kudirat Kekere-Ekun, scheduled the verdict for October 5 after receiving final submissions from Tijani Gazali (SAN), representing the federal government, and Mike Ozekhome (SAN), counsel for Kanu.
The federal government is urging the court to overturn a prior judgment by the Court of Appeal, which nullified the treasonable felony charge against Kanu, leading to his release on the basis that he was unlawfully repatriated to the country after breaching bail conditions. Conversely, Kanu seeks the Supreme Court’s affirmation of the Court of Appeal’s judgment, upholding his acquittal and discharge.
Gazali implored the apex court to set aside the lower court’s decision, endorsing the trial court’s judgment that Kanu should face charges. He also requested the dismissal of Kanu’s cross-appeal. On the other side, Ozekhome urged the court to reject the federal government’s appeal with associated costs and uphold Kanu’s cross-appeal for the sake of justice. He emphasized that Kanu has been in custody since June 29, 2021, despite a previous court order for his release.
Ozekhome urged the court to use this case to assert that no government should infringe upon citizens’ rights, drawing parallels with the precedent set in the case of Ojukwu v. Lagos State.
The Court of Appeal in Abuja had, on October 13, 2022, faulted the federal government’s actions in bringing Kanu back to the country, quashing the remaining seven counts in the treasonable felony charge. The appellate court criticized the government for violating rules during Kanu’s arrest in Kenya, accusing it of breaching international laws and resorting to self-help instead of following proper extradition procedures.
Despite the Court of Appeal’s order for Kanu’s release, the federal government obtained a stay of execution, preventing the judgment’s enforcement. Justice Binta Nyako of the Federal High Court had previously struck out eight counts from the original 15-count charge against Kanu, leaving seven counts that were subsequently quashed by the Court of Appeal.