Appeal Court dashes Kanu’s hope, orders stay on judgement

October 28, 2022

The Court of Appeal sitting in Abuja, on Friday, stopped the execution of its judgement that quashed the terrorism charge and ordered the release of the leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu.

The appellate court had on October 13 delivered a judgement which faulted the rendition of Kanu from Kenya to Nigeria and also set aside the terrorism charges against him.

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The Federal Government not satisfied with this judgement said it would explore every legal avenue to quash the judgement of the appellate court, and headed to the Supreme Court.

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

After taking arguments from counsel, a three-member panel of justices led by Justice Haruna Tsammani, on Monday, reserved ruling in the matter.

Ruling on Friday, Justice Tsammani held that the Federal Government’s application for stay of execution had merit and ordered that the execution of the judgement be put on hold.

Justice Tsammani, in the brief ruling, held that the counter affidavit filed by Kanu’s legal team in opposition to the government’s application was misleading.

The judge said Kanu’s counsel did not properly state the facts of the matter as to warrant the court granting a stay of execution.

The court also ruled that the record of proceedings in respect of the October 13 judgement be forwarded to the apex court within seven days to ensure expeditious hearing.

The Federal Government had applied that the execution of the judgement be suspended pending the hearing and determination of its appeal at the Supreme Court.

However, the apex court has not fixed a date to hear the Federal Government’s appeal against the appellate court’s ruling that discharged Kanu and quashed the terrorism charge against him.

The Star