Appeal Court Stops Execution of Judgement Freeing Nnamdi Kanu

The Court of Appeal Abuja yesterday granted the federal government’s application for stay of judgement discharging leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, of terrorism charge.

A three-man panel of the appellate court agreed to stay the execution of its own judgement in deference of the appeal at the Supreme Court.

The appellate court had on October 13 discharged Kanu from the alleged terrorism charge preferred against him by the federal government over the manner Kanu was brought back into the country to continue his alleged terrorism trial.

The appellate court in the lead judgement delivered by Justice Adedotun Adefope-Okojie had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international convention and protocols.

However, the federal government dissatisfied,  filed a notice of appeal against the judgement of the Court of Appeal at the apex court on Monday and asked the court to stay the execution of the judgment discharging Kanu from the charge pending the hearing and determination of the appeal at the apex court.

Federal government’s lawyer, Mr. David Kaswe based the request on the security situation in the country and especially in the South-east, insisting that Kanu is a flight risk who had once jumped bail and freeing before the appeal at the apex court could jeopardise the case.

Responding, Kanu’s lawyer, Chief Mike Ozekhome, SAN, faulted the request for stay, arguing that contrary to the submission of the government’s lawyer, there would be anarchy and chaos in the South-east if the order for the release of Kanu was not obeyed.

Ozekhome, while observing that the proposal of the application is to get the court overrule itself, informed the court that the applicant had boasted that it will not carry out the judgement of the court.

The defence lawyer further faulting the grounds upon which the application was brought, declared that it is forbidden to stay execution of judgment in a criminal matter.

According to him, there is no valid appeal in the first place as the said notice of appeal at the apex court was not certified.

Ozekhome urged the court to dismiss the application, stressing that the applicant is already in contempt of the court’s order and granting his request would imply that the court is validating its action.

Justice Haruna Tsamani after listening to the arguments for and against the motion, announced that judgment had been reserved to a date that would be communicated to parties in the suit.

However, delivering ruling in the application yesterday Justice Tsamani held that the counter affidavit filed against the application was misleading and subsequently ordered a stay of its earlier judgement pending the determination of the appeal by the apex court.

Justice Tsamani in addition ordered the federal government to within seven days, transmit the record of appeal as well as its verdict on the matter, to the apex court to enable speedy determination of the case.