The Supreme Court has granted
leave to the federal government to file nine new grounds of appeal against the
release of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra
(IPOB).
The federal government through
its counsel, Tijani Gadzali, applied for leave to include nine new grounds as
part of its amended notice of appeal dated October 28, 2022.
A five-member panel of the court
led by John Okoro granted the application at the court session on Thursday.
Also at the hearing, Mike
Ozekhome, Kanu’s lead counsel, informed the panel of some applications
bordering on his client’s bail based on “deteriorating” health.
He prayed the apex court to
either grant the IPOB leader bail or order for his transfer to the Kuje
Correctional Centre, Abuja, pending the hearing and determination of the
substantive appeal.
However, the prosecution raised
an objection adding that the DSS facility is well-equipped to cater to whatever
health conditions Kanu may be experiencing.
After listening to the arguments,
the apex court panel advised Ozekhome to withdraw his applications to allow for
a speedy hearing of the main suit.
BACKGROUND
Kanu was extradited from Kenya by
the Nigerian government in June 2021, to face terrorism charges in Abuja.
Subsequently, he was re-arraigned
before Binta Nyako, a federal high court judge in Abuja, on a 15-count
terrorism charge.
However, while ruling on Kanu’s
preliminary objection challenging the validity of the charge, the judge, on
April 8, 2022, struck out eight of the 15 counts.
The IPOB leader went on to file
an appeal against the remaining seven counts.
On October 13, the appellate
court held that the federal government cannot prosecute the IPOB leader having
breached his human rights and extradition laws by forcefully bringing him back
to Nigeria.
Consequently, the court quashed
the remaining counts and ordered Kanu’s release.
The federal government’s appeal
against the October 13th judgment is what is pending before the supreme court.
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