The Nigerian government’s plan to continue detaining Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, after securing a stay of execution of the Appeal Court verdict would fail, his lawyer, Ifeanyi Ejiofor, has declared.
Mazi Nnamdi Kanu’s lead counsel, Ejiofor, disclosed this on Monday following a routine visit to the IPOB leader at the headquarters of the Department of State Services, DSS, in Abuja.
He stated that the Nigerian government had yet to show any inclination to pursue the case before the Supreme Court.
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Ejiofor stated in a statement that he personally signed that the visit was to provide Kanu with an update on the pending activities on the Federal Government of Nigeria’s appeal filed at the Supreme Court against the Court of Appeal’s earlier discharge of him.
He claimed that the FG was planning to use the Order for Stay of Execution to purchase time and imprison Kanu in DSS custody, adding that the “evil ploy is dead on arrival.”
The statement reads: “Now, we have filed application to dismiss the appeal, the Federal Government will have no other availing strategy to rely on.
“Onyendu welcomed the robust strategy being adopted by our erudite Lead Counsel – Chief Ozekhome, SAN, in ensuring that the law runs its full course. The detail of this strategy remains publicly undisclosed.
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“Onyendu as usual admonished Ezigbo UmuChineke to remain ever-focused, and always have their eyes on the ball. He advised that every distraction at this critical time must be ignored, regardless of the quarter it is coming from.”
According to news reports, the Appeal Court in Abuja, Nigeria’s capital, upheld the ruling acquitting and discharging Kanu in October.
Chief Mike Ozekhome (SAN), one of the lawyers representing the IPOB leader, stated that the court affirmed its October 13 judgement, which freed Kanu.
The Nigerian government had requested a stay of execution following the Court of Appeal’s decision acquitting and discharging Kanu.
Kanu was previously released and exonerated of terrorist and treasonable criminal charges brought against him by the Appeal Court.
Following that, the Nigerian government petitioned the Appeal Court to delay the execution of the October 13 verdict, which nullified Kanu’s extraordinary rendition from Kenya to Nigeria.
According to news reports, the Appeal Court in Abuja, Nigeria’s capital, upheld the ruling acquitting and discharging Kanu in October.
Chief Mike Ozekhome (SAN), one of the lawyers representing the IPOB leader, stated that the court affirmed its October 13 judgement, which freed Kanu.
The Nigerian government had requested a stay of execution following the Court of Appeal’s decision acquitting and discharging Kanu.
Kanu was previously released and exonerated of terrorist and treasonable criminal charges brought against him by the Appeal Court.
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Following that, the Nigerian government petitioned the Appeal Court to delay the execution of the October 13 verdict, which nullified Kanu’s extraordinary rendition from Kenya to Nigeria.
On that ground, the appellate court held that the government was “ominously silent on the issue”, which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
The appellate court judges held that the Nigerian government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general.”
The three-man judge, therefore, held thus: “The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”.
It accused the government of engaging in “serious abuse of power.”
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However, the Nigerian government requests that the Supreme Court postpone the implementation of the appellate court’s verdict in a notice of appeal filed before the supreme court on seven reasons.
The government claims that the appellate court panel erred in law and caused a miscarriage of justice when it relied on Kanu’s rendition from Kenya to Nigeria after he jumped bail in 2017 to dismiss the charges against him.
It further claimed that the appeal court erred by dismissing the charge against the IPOB leader on the grounds that the trial judge no longer had jurisdiction over the case.
The government has therefore asked the Supreme Court, through the office of the Attorney-General of the Federation and Minister of Justice, to suspend the execution of the Court of Appeal verdict in the interim, pending the hearing and determination of its appeal.
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Meanwhile, Kanu’s lawyers claim that the Nigerian government abandoned the appeal after winning a stay of execution on the judgment.
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