The Court of Appeal in Abuja yesterday stopped the execution of its own judgement which faulted the extradition of Kanu from Kenya to Nigeria and aside the terrorism charges against him.
Justice Haruna Tsanami of the appellate court, in a ruling, upheld the federal government application and ordered that the execution of the judgment be put on hold.
The federal government had prayed the court that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanami in the brief ruling held that the counter affidavit filed against the federal government application by Kanu’s legal team was misleading.
The appellate court had on October 13 discharged Kanu who is being prosecuted by the Federal Government at the Federal High Court in Abuja for charges bordering on treasonable felony and terrorism.
A three-man panel of the court said the Federal High Court lacked the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court also held charges preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
To stop Kanu’s subsequent release, the Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanammi on Friday held that the counter affidavit filed against the federal government’s application by Kanu’s legal team was misleading.
Why IPOB Leader Can’t Be Released Now – FG
A few days after a High Court had asked the federal government to return the leader of the Indigenous People of Biafra, Nnamdi Kanu, to Kenya and pay him N500 million as compensation, the federal government, through the attorney general of the federation and minister of Justice, Abubakar Malami, has said the IPOB leader may not be released due to several factors.
The minister said the rendition of Nnamdi Kanu could not be used as the only basis to free the IPoB leader of other offences allegedly committed by him against the federal government of Nigeria.
He explained that the government was holding on to Kanu on account of four major issues, which were preceded by the rendition matter for which the court cleared him.
Malami said: “To release or not to release Nnamdi Kanu is a function of law and the rule of law for that matter. In arriving at a decision whether to release or not release, is one; you look at the rule of law, two; you look at the public and the national interest, three; you look at the security situation, four; you look at international diplomacy.
“Let me talk first about the rule of law. This is someone that has been granted bail on account of charges that have been preferred against him at the court. Someone jumping bail to the international community, a case of fugitive is established against the background of jumping the bail.
“Two, arising from the national security, this is someone that is charged with treason, incitement and destruction of civil authority, murder and assassination of others on account of his incitement, that boils down to issues of national security and criminality.”
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