The Court of Appeal has reserved judgment on an application by the Federal Government seeking a stay of execution on the court’s judgment delivered on October 13.
Justice Haruna Tsanami on Monday reserved a ruling on the matter after listening to arguments from parties in the case. He said a new date will be communicated to both parties.
While the Federal Government argued that releasing Kanu was a threat to national security, Kanu’s counsel argued that the FG not obeying the October 13 judgment amounted to contempt of court. Hence, FG had no right to make a request from the same court.
What happened in court
Earlier in the day, the appellate court denied a request to adjourn a stay of execution motion by the Federal Government. Justice Tsanami had given the government’s counsel until noon to either move the application or forget it.
When the court resumed session, the FG’s lawyer asked the court to stay the execution of the judgement of October 13 and keep Kanu in custody until the determination of their appeal before the Supreme Court. Arguing further, he said the government was concerned about the threat releasing Kanu will pose to the country’s security.
“My Lords, our concerns, the concern of the federal government is the threat the release of Kanu poses to the security of this country and its political, social, and economic activities. We will not be able to lay hands upon him if he is allowed out of detention and finds his way out of the country.”
He said Kanu had previously jumped bail and is a flight risk that might again leave the country if that judgment does not stay.
In response, Mike Ozekhome (SAN) dismissed the FG’s claim that Kanu had earlier jumped bail. He noted that Kanu’s house was invaded by the military for which he had to escape for his life.
He urged the court to dismiss the application for a stay of execution as the FG had no right to make a request of the same court whose order it refused to obey. He said:
“My Lord, the action of the Federal Government in respect of Nnamdi Kanu is an insult, a slap in the face to this court. It is also an invitation to anarchy and I humbly urge this Court to dismiss the application for lacking in merit.”
Justice Tsanami subsequently reserved judgment on the hearing, telling parties in the suit that a new date would be communicated to them.
