The Court of Appeal on Friday espoused the Federal Government’s application for stay of execution of the October 13 judgment which set the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, free.
Justice Haruna Tsanammi also ordered that the result of the ruling be forwarded to the Supreme Court within seven days for an expeditious hearing.
Following this development, means Kanu, the self-styled leader of the Indigenous Peoples of Biafra, is expected to remain in the custody of the Department of State Services pending when the Supreme Court hears the case.
TheNewsGuru.com (TNG) recalls that the Attorney General of the Federation and Minister of Justice, Abubakar Malami, had asserted that Kanu was merely discharged but not acquitted.
However, Kanu’s lawyer, Barrister Aloy Ejimakor, was enthused that he had been freed from charges against him.
According to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, in an interview, the IPOB leader’s rendition could not be used as the only basis to free him of other offences allegedly committed by him against the Federal Government of Nigeria.
Recall that the Umuahia Division of the Federal High Court, had on Wednesday, October 26, ordered the federal government to return Kanu, to Kenya from where he was repatriated to Nigeria on June 19, 2021.
Delivering judgement, Justice Evelyn Anyadike, also awarded N500 million in general damages to the IPOB leader.
Malami said, “To release or not to release Nnamdi Kanu is a function of law and the rule of law for that matter. In arriving at a decision on whether to release or not release, is one; you look at the rule of law, two; you look at the public and the national interest, three; you look at the security situation, four; you look at international diplomacy.
“Let me talk first of the rule of law. This is someone that has been granted bail on account of charges that have been preferred against him at the court. Someone jumping bail to the international community, a case of a fugitive is established against the background of jumping the bail.
The fact that you have indeed succeeded in one case as against multiple others that are pending goes to establish the fact that that case cannot be the only basis and criteria for determining whether you are entitled to be released or not
“Two, arising from the national security, this is someone that is charged with treason, incitement and destruction of civil authority, murder and assassination of others on account of his incitement, that boil down to issues of national security and criminality.
“Three, on account of international diplomacy, this is someone that has against his person, used the international community or a foreign country to launch an attack against a nation, against his nation for that matter.
“So, all these naturally come into play to determine what to do. So, if you have through judicial processes established multiple cases of treason, homicide, bail-jumping among others; the fact that you have indeed succeeded in one case as against multiple others that are pending goes to establish the fact that that case cannot be the only basis and criteria for determining whether you are entitled to be released or not.”
The Court of Appeal sitting in Abuja, the Federal Capital Territory had earlier, upheld the appeal of the detained activist and discharged him of treason charges.