The Supreme Court has fixed October 5, for hearing on the appeal filed by the Federal Government against the judgement of the court of Appeal, which quashed and acquitted Nnamdi Kanu, the detained leader of the outlawed indigenous People of Biafra (IPOB), of treasonable charges.
A statement on Saturday, by Ifeanyi Ejiofor (Esq.), IPOB’S lead counsel, hinted that the apex court will on October 5, hear a “frivolous appeal” filed by the Federal Government of Nigeria against the judgement of the Court of Appeal; and to further set aside the ruling of the Court of Appeal staying the execution of its earlier judgement.
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Recall that Justice Binta Nyako of the Federal High Court sitting in Abuja, had on April 8, 2022, struck out eight out of the 15-count treasonable felony charge leveled against Kanu, by the Federal Government.
Justice Nyako’s ruling followed an application by Mike Ozekhome (SAN), on behalf of Kanu, which had sought an order quashing the entire charge against the IPOB leader.
Ozekhome had maintained that the charge against Kanu was legally defective, insisting that the court lacked the jurisdiction to prosecute him over an incompetent charge.
Ozekhome told the Federal High Court that Kanu was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent.”
He contended that since some of the charges against Kanu were purportedly committed outside Nigeria, the trial court lacked the territorial jurisdiction to hear the matter.
Also the Court of Appeal, Abuja Division, had on October 13, 2022, upheld the ruling of the lower court and consequently ordered the Federal Government to release the IPOB leader.
But in an appeal filed at the Apex Court, the Federal Government prayed that the judgement of the lower court be set aside.