The Court of Appeal in Abuja on Monday reserved a ruling on the application by the federal government seeking to stay the execution of the judgment that freed the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The News Agency of Nigeria (NAN) reports that the three-member panel of justices led by Justice Haruna Tsammani reserved a ruling on the application after listening to arguments from counsel for the parties.
Mr Tsammani announced that a date for the court’s ruling would be communicated to all parties.
PREMIUM TIMES reported that the court earlier rejected the federal government’s request for adjournment of the hearing of the application.
The court then ordered the hearing to proceed.
In his submission, the federal government’s lawyer, David Kaswe, told the court that the application for a stay of execution of the judgement was anchored on national security.
“If Kanu is released, he may not be available to face his charges in court because he had already jumped bail before.
“Releasing him will increase the state of insecurity in the South-east,” he said.
Mr Kaswe urged the appellate court to grant the federal government’s application and not release Mr Kanu.
Responding, Mr Kanu’s lawyer, Mike Ozekhome, a Senior Advocate of Nigeria (SAN), said the federal government’s stay of execution application was a ploy to overrule the judgment of the appellate court.
“My lords should not allow them because it will cause chaos and anarchy.
“The release of Kanu will bring peace to the South-east, so there is no need to stay execution where there is no valid appeal,” Mr Ozekhome said.
On the issue that Mr Kanu had earlier jumped bail, Mr Ozekhome argued that the IPOB leader did not jump bail but escaped for his life when his house was invaded by the federal government.
Mr Ozekhome also predicated his objection on the grounds that Mr Kanu had a terminal illness and needed comprehensive medical attention outside of the State Security Service (SSS) custody.
The senior lawyer asked the court to dismiss the application for a stay of execution saying that he would not ask for cost.
Background
A three-member panel of the Court of Appeal led by Oludotun Adefope-Okojie had on 13 October dismissed the terrorism and treasonable felony charges against the leader of the proscribed Indigenous People of Biafra (IPOB).
The court had ordered Mr Kanu’s release from detention after striking out a seven-count charge pending before Binta Nyako of the Federal High Court in Abuja.
Mr Adefope-Okojie held that Mr Kanu’s forced return from Kenya to Nigeria in June 2021 was a breach of local and international laws.
Instead of complying with the appellate court’s decision ordering Mr Kanu’s unconditional release, the office of the Attorney-General of the Federation (AGF) filed an appeal at the Supreme Court.
David Kaswe, representing the AGF, Abubakar Malami, filed an application for a stay of execution of the Court of Appeal’s verdict on the separatist leader.
At Monday’s proceedings, Mr Kaswe sought an adjournment for the hearing of the stay of execution application.
However, the appellate court panel led by Haruna Tsanami ordered Mr Kaswe to open his arguments in the pending application.
Mr Kaswe based his request for an adjournment on the grounds that Mr Kanu’s lawyer, Mike Ozekhome, served him with a counter-affidavit to the application last Friday.
Credit: premiumtimesng.com
