The Supreme Court yesterday heard the appeal filed against the release of the leader of the Indigenous People of Biafra (IPoB), Nnamdi Kanu, who has been in the custody of the Department of State Services (DSS) since June 2021.
The court slated 15th December for judgment in the Federal Government’s appeal challenging the lower court’s order to release Kanu.
Kanu, the leader of the proscribed Indigenous People of Biafra (IPoB), has been in detention since June 2021 after he was forcibly repatriated from Kenya to Nigeria.
The Court of Appeal in Abuja, on 13th October last year, dismissed the terrorism and treasonable felony charges filed against the IPoB leader on the basis of his agitation for the secession of a Biafra Republic, comprising the five South-East states, and parts of neighbouring states, from Nigeria.
The court, in its decision, ordered Kanu’s release from the detention of Nigeria’s secret police, the SSS. The Court of Appeal made the orders on the grounds that the Federal Government’s manner of repatriating the IPoB leader from Kenya was illegal.
It would later suspend the execution of the release of Kanu to afford the government time to pursue its appeal against the decision at the Supreme Court.
At the hearing of the substantive appeal yesterday, a five-member of the Supreme Court headed by Kudirat Kekere-Ekun adjourned the suit for judgment after taking brief arguments from lawyers to the parties.
While adjourning the suit, Ms Kekere-Ekun said the decision that would be reached in the Federal Government’s appeal would address issues raised by Kanu’s suit challenging his continued detention.
Earlier, the Federal Government’s lawyer, Tijjani Gazali, a Senior Advocate of Nigeria (SAN), urged the Supreme Court to “allow the appeal” and set aside the decision of the Court of Appeal freeing Mr Kanu.
Gazali, who is the acting director of civil appeals at the Federal Ministry of Justice in Abuja, prayed the court to affirm the judgment of the Federal High Court, Abuja, which sustained terrorism charges against the separatist leader.
However, Kanu’s lawyer, Mike Ozekhome, a law professor and SAN, prayed to the apex court “to dismiss the appeal with punitive cost and respectfully uphold the cross-appeal in order to do substantial justice to this matter.”
Ozekhome informed the court that his client had been languishing in detention since 29 June 2021, when he was brought back to Nigeria.
“We humbly urge my Lords to dismiss the appeal with punitive cost and respectfully uphold the cross-appeal in order to do substantial justice to this matter so that Nnamdi Kanu who has been in incarceration since 29 June 2021 can be released. He is being held illegally against both local and International laws,” Mr Ozekhome argued.
He further told the court that “no government should trample on the rights of its citizens.”
Alongside Ms Kudirat Kekere-Ekun, who presided, the other members of the five-member panel are Ibrahim Saulawa, Garba Mohammed, Tijjani Abubakar and Emmanuel Agim.
