October 24, 2022

The Court of Appeal on Monday refused to grant the request of the Federal Government to adjourn the application seeking to stay the execution of the judgment that struck out the terrorism charges against the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.

The three-member panel of justices led by Justice Haruna Tsalmani reserved judgment on Monday after listening to arguments from counsel.

Justice Tsammani announced that a date for judgment would be communicated to all parties.

Arguing on behalf of the Federal Government, Mr. David Kaswe told the court that the major ground of their application was on national security of the country.

He said the application for stay of execution was to allow for national security pending the hearing and determination of their appeal at the Supreme Court.

“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.”
Kaswe urged the appellate court to grant the federal government’s application and not release Kanu.

Mr Mike Ozekhome, (SAN) counsel to Kanu, on his part, opposed the application for stay of execution on the grounds that it was a ploy to over rule 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,” Ozekhome said.

On the issue that Kanu had earlier jumped bail, Ozekhome argued that Kanu did not jump bail but escaped for his life when his house was evaded by the federal government.

Ozekhome also predicated his objection on the grounds that Kanu had a terminal illness and needed comprehensive medical attention outside of the Department of State Services (DSS) custody.

The senior lawyer prayed the court to dismiss the application for stay of execution saying that he would not ask for cost.

Earlier, the court had refused to grant the request of the Federal Government for adjournment but rather stood it down for counsel to peruse the necessary documents and argue their case.

Kaswe had complained that he was served with a counter affidavit by Ozekhome only on Friday.

The Appeal Court had on Oct. 13, voided the rendition of Kanu from Kenya to Nigeria and discharged him.

The appellate court voided the rendition of Kanu on account of breach of local and international laws.

The federal government not satisfied with this judgment said that it would explore every legal avenue to quash the judgment of the appellate court.

The government after appealing the appellate court’s judgment, filed a stay of execution on the grounds that releasing Kanu would not be in the interest of national security.
(NAN)