Key highlights
- The Supreme Court has granted the FG leave to file nine new grounds of appeal against Nnamdi Kanu.
- The apex court also granted the FG leave to add the nine grounds as part of its amended notice of appeal dated 28th October 2022.
- The FG through the AGF had approached the Apex court seeking to restore the criminal charges against Kanu.
The Federal Government has been granted leave by the Supreme Court to bring nine new grounds of appeal against the release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice John Okoro who led a five-member panel of justices granted FG the leave on Thursday while ruling on a motion by the FG’s counsel, Tijani Gadzali (SAN).
Recall that Kanu had before now approached the court challenging his continued detention at the Department of State Services facility.
The court proceeding
When the matter was called up, Mike Ozekhome, Kanu’s lawyer told the apex court that they had two motions before the court.
He said one is seeking his client’s bail and the other is seeking the transfer of Kanu to the Kuje Correctional Facility from the custody of the Department of State Services (DSS) to enable him get proper medical attention.
He told the court that his client’s health was deteriorating in DSS custody, as he also went ahead and contended that both the Court of Appeal Rules of 2021 and Court of Appeal Act, 2004, “did not make any provisions of stay of execution of a Court of Appeal judgment in a criminal appeal.”
He prayed the court to set aside that stay of execution order as well as restrain the further detention and prosecution of Nnamdi Kanu.
FG’s Response
FG’s lawyer stated that his client brought a motion seeking to introduce nine new grounds in its amended notice of appeal against Kanu.
He however asked the court for an adjournment to enable him file a counter affidavit, as he just took over the matter.
He further told the apex court to afford his office time to respond to certain processes filed by Kanu’s lawyers.
Court ruling
The judge stated that seeking the transfer of Nnamdi Kanu may likely delay the hearing of the main suit, as he advised Ozekhome to withdraw the pending motions so as to focus on the main appeal.
The court also granted FG leave to include the nine new grounds as part of their amended notice of appeal dated 28th October 2022.
In addition, the court also granted FG’s prayer and adjourned till May 11 for a hearing on the pending motion and the main appeal.
Backstory
On October 13, 2022, the court of appeal cleared Kanu of Alleged treason and terrorism charges leveled against him, as the court also dismissed the remaining six counts leveled against him by the Federal Government.
However, on October 28, 2022, the court reversed the decision and ordered a stay of execution pending a hearing and determination of the appeal from the supreme court.
The FG filed an appeal before the Supreme Court urging it to restore the criminal charges against the IPOB leader.
