The Court of Appeal, Abuja Division, has reserved judgment on the appeal filed by detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, seeking dismissal of the remaining seven-count charge filed against him by the federal government.
The panel of Justices is led by Justice Hanatu Jumai Sankey.
When the appeal came up for hearing, Kanu’s lawyer, Chief Mike Ozekhome, SAN, told the three-man panel of the appellate court that the appeal was predicated on a notice of appeal dated April 29, 2022, while the brief of argument was dated June 20, 2022.
He said the respondent’s brief of argument dated July 29, was filed on August 3.
The appellant filed a reply brief on the August 25, 2022, but deemed consequentially filed on September 13.
Ozekhome adopted his processes, and urged the panel to grant the appeal as “one of substance and merit”.
Ozekhome told the court that the appellant was first arraigned on December 23, 2015, and granted bail on April 25, 2017.
He informed the court that agents of the federal government (the respondent) had launched a military operation, code-named “Operation Python Dance” at the appellant’s home town on September 2017, which forced him to escape out of the country, to Isreal, then London.
The senior advocate recalled that on June 27, 2021, “the FG forcefully arrested Kanu in Kenya and brought him back to Nigeria in most cruel and inhuman manner.
“On 29 June, 2021, the appellant was taken to court by the FG, where he was rearraigned.
“Following the appellant’s preliminary objection to the 15-count charge preferred against him by the FG, the trial judge, Justice Binta Nyako of the Federal Hight Court Abuja, on 8 April 2022, struck out 8 counts.
“Our humble submission is that the remaining 7 counts ought not to be retrained by the trial court because, before the time Kanu was renditioned to Nigeria from Kenya, he was facing five-count charge.”
Reacting, the Federal Government’s lawyer, asked the court to dismiss the appeal for lacking in merit.
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