October 21,2022

The Nigerian government has asked the Supreme Court to set aside the ruling of the Appeal Court on October 13 where all treasonable felony charges against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, were dismissed while he was discharged.

While filing a seven-ground appeal at the apex court, the Federal Government told the court that the IPOB leader was a flight risk and should not be released from the custody of the Directorate of State Services (DSS)

In a motion on notice in support of the appeal, the government’s appeal signed by the Director, Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice, said it was seeking a stay of execution of the judgment of the appeal court given by Justice Jummai Sankey, pending the hearing and final determination of its appeal.

It also noted that the appeal court’s judgement was an error as the trial court had no jurisdiction to try Kanu because of the extraordinary rendition of the respondent.

“There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law,” the motion stated.

The government also contended that the court erred when it held that the executive arm must not be allowed to benefit from the abduction of the respondent

That aspect of the judgement was also in error when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a miscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”

An affidavit supporting the motion and attested to by a staff of the Department of Public Prosecution, Federal Ministry of Justice, Loveme Odubo, stated that “Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.”

“That the respondent is a flight risk person given his previous antecedent of jumping bail while standing trial.

“The respondent is a dual citizen of both Nigeria and Britain which will make it easy for him to move out of Nigeria and escape justice.

“That the respondent’s presence will be difficult to secure should the judgment of the court below is not overturned and set aside by the Supreme Court.

“There is a need to stay the execution of the judgment of this honourable court to avoid a situation where the judgment of the Supreme Court will be overreached and rendered nugatory,” the affidavit stated