ENUGU, Nigeria (VOICE OF NAIJA)- The Court of Appeal in Abuja, on Monday, reserved its ruling in the federal government of Nigeria’s application for a stay of judgment discharging Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
Shortly after taking arguments in support and against the federal government of Nigeria’s application, a three man panel of the appellate court on Monday, announced that the date for its ruling had been reserved and will be communicated to parties in the suit.
The appellate court had on 13 October discharged the IPOB leader from the alleged terrorism charge preferred against him by the Federal Government of Nigeria, over the manner he (Kanu) was brought back into the country to continue his alleged terrorism trial.
In the lead judgment delivered by Justice Adedotun Adetope-Okojie, the appellate court had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international convention and protocols.
Dissatisfied over the judgement, the Federal Government of Nigeria on Monday, filed a notice of appeal against the judgment of the Court of Appeal at the apex court, asking 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.
Lawyer to the Federal Government of Nigeria, Mr David Kaswe hinged the request on the security situation in the country and especially in the South East.
Kaswe added 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 stay.
He argued 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.
Ozekhome observed that the the purpose of the application is to get the court to overrule itself, and informed the court that the applicant had boasted that it will not carry out the judgment of the court.
He further faulted the grounds upon which the application was brought, maintaining that it qas forbidden to stay execution of judgment in a criminal matter.
Kanu’s lawyer added that there was no valid appeal in the first as the said notice of appeal at the apex court was not certified.
He therefore urged the court to dismiss the application, pointing 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.
Justice Haruna Tsalmani after listening to the arguments for and against the motion, announced that judgment had been reserved to a date that would be communicated to parties in the suit.