The Supreme Court has set December 15 as the date for its decision on the appeal filed by the imprisoned leader of the Indigenous People of Biafra IPOB, seeking to compel the Federal Government to free him.
After counsel for both the FG and the arrested IPOB leader adopted their last briefs of argument, a five-member panel of the supreme court, led by Justice Kudirat Kekere-Ekun, approved the case for judgment.
While the FG was represented by a legal team led by Mr. T. A. Gazzali, SAN, Acting Director, Civil Appeals at the Federal Ministry of Justice, Kanu’s legal team was led by Mr. Kanu Agabi, SAN, a former Attorney-General of the Federation and Minister of Justice.
Kanu, represented by one of his legal counsel, Prof. Mike Ozehkome, SAN, asked the court not only to order his immediate release from detention, but also to impose “very heavy and punitive cost” against FG.
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“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. 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,” Ozehkome, SAN, pleaded.
However, in his reply, FG’s counsel, Gazzali, SAN, sought the Supreme Court to uphold the modified brief of argument he filed on May 3, 2023.
He asked the court to allow the FG’s appeal, to overturn the Court of Appeal’s decision ordering Kanu’s freedom, and to reopen his trial before the Federal High Court in Abuja on terrorism-related charges.
It will be noted that Kanu’s release from detention was ordered by the Court of Appeal in Abuja in a verdict issued on October 13, 2022. The appellate court also rejected a 15-count terrorism charge filed by the FG against the jailed IPOB leader before the Federal High Court in Abuja, in a unanimous ruling by a three-member panel.
The court stated that it was satisfied that the FG flagrantly violated all known laws when it forcibly transferred Kanu from Kenya for the continuation of his trial. It concluded that the Nigerian government’s arbitrary use of power absolved the trial court of jurisdiction to continue Kanu’s prosecution.
However, unsatisfied with the decision, FG appealed to the Supreme Court. It also convinced the appellate court to stay the execution of the judgment pending the outcome of its appeal.
