Nnamdi Kanu, the leader of the Indigenous People of Biafra (POB), has been cleared of all charges of terrorism, and the federal government has asked the Court of Appeal in Abuja to postpone that decision.
Shortly after hearing arguments in favour of and against the federal government's motion on Monday, a three-person panel of the appellate court said that the date for its decision had been reserved and will be shared with the parties to the lawsuit.
The appellate court had on October 13 exonerated Kanu of the purported terrorist charge that the government had levelled against him due to the way Kanu had been brought back into the nation to resume what is likely to be a terrorism trial.
The appellate court in the lead judgment delivered by Justice Adedotun Adefope-Okojie had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international conventions and protocols.
Dissatisfied, the federal government has filed a notice of appeal against the judgment of the Court of Appeal at the apex court on Monday and asked the court to stay the execution of the judgment discharging Kanu from the charge pending the hearing and determination of the appeal at the apex court.
Federal government’s lawyer, Mr David Kaswe hinged the request on the security situation in the country and especially in the South East, adding that Nnamdi Kanu is a flight risk who had once jumped bail and freeing before the appeal at the apex court could jeopardize the case.
Responding, Kanu’s lawyer, Chief Mike Ozekhome, SAN, faulted the request for a stay, arguing that contrary to the submission of the government’s lawyer, there would be anarchy and chaos in the South East if the order for the release of Kanu was not obeyed.
While observing that the purpose of the application is to get the court to overrule itself, he informed the court that the applicant had boasted that it will not carry out the court's judgment.
While further faulting the grounds upon which the application was brought, the learned silk maintained that it was forbidden to stay execution of judgment in a criminal matter.
He added that there was no valid appeal in the first as the said notice of appeal at the apex court was not certified.
In urging the court to dismiss the application, Ozekhome pointed out that the applicant was already in contempt of the court’s order and granting his request would imply that the court is validating its action.
After listening to the arguments for and against the motion, Justice Haruna Tsalmani announced that judgment had been reserved to a date that would be communicated to parties in the suit.