The Supreme Court, Friday, ordered that the self acclaimed leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, must continue his trial at the Federal High Court.
Delivering judgment on an appeal by the Federal Government, Justice Emmanuel Agim, who read the judgement as prepared by Justice Garba Lawal Mohammed, held that the Court of Appeal was wrong to hold that Kanu could not be tried again based on the illegality and I’ll treatment meted him by the Federal Government, following the invasion of his home.
“In as much as we condemn the act of the prosecution (FG) in attacking the home of the defendant (Kanu) while on trial, we decided not to go with the decision of the Court of Appeal that his trial should be stopped, Justice Garba held.
Therefore, the apex court allowed the appeal of the Federal Government and dismissed the cross appeal filed by Kanu.
The Attorney General of the Federation was represented in court by D. E Kaswe, Chief State Counsel, Chief Kanu Agabi SAN, leading Prof Mike Ozekhome SAN and Ifeanyi Ejiofor announced appearance for Nnamdi Kanu.
Nnamdi Kanu had been in the custody of the Federal Government since June 29, 2021, following his forceful rendition from Kenya.
Justice Binta Murtala Nyako of the Federal High Court Abuja, had on April 8, 2022, quashed 8 out of the 15 count charges preferred against Kanu by the Federal Government.
However, Justice Nyako held that Kanu had questions to answer on the remaining 7 counts.
Dissatisfied with the judgement, Kanu’s team of lawyers led by Prof Mike Ozekhome SAN, headed to the Court of Appeal, Abuja to seek the dismissal of the remaining 7-count charge.
In a judgement on October 13, 2022, the appellate court dismissed all the 7 count criminal charges against Kanu.
The Court of Appeal while upholding all the arguments and submissions of Prof Ozekhome, quashed the entire 15 count criminal charges.
The Court below agreed with Ozekhome that the Federal Government violated rules of engagement in the ways and manners Kanu was arrested in Kenya and brought to Nigeria.
Specifically, the Court of Appeal held that the Nigerian government broke international laws and resorted to self help in its failure to file extradition charge against the IPOB leader in Kenya instead of resorting to unlawful abduction, and forceful rendition.
