Nnamdi Kanu heads to Supreme Court
Detained leader of the proscribed Indigenous People of Biafra, Mazi Nnamdi Kanu has filed an enchantment at the Supreme Court of Nigeria, difficult the October 28, 2022, selection of the Court of Appeal, which granted a stay of execution of it’s order discharging and acquitting him.
The appellate court had on October 13, 2022 ordered the unconditional release of Kanu, having quashed all the 15-count charge levelled against him via the Federal Government.
The three-man panel led via Justice Jummai Sankey in its judgment, additionally faulted the rendition of Kanu from Kenya to Nigeria and subsequently dismissed the terrorism charges against him.
Apparently miffed by the decision, the FG filed an application for stay of execution of the judgement, which some other three-man panel led via Justice Haruna Tsamani granted.
The Federal Government had applied that the execution of the judgment be suspended pending the resolution of an enchantment it lodged at the Supreme Court.
Justice Tsamani had in a quick ruling held that the counter affidavit filed against the Federal Government application by Kanu’s legal team was once “misleading”.
Also, not satisfied with the development, Kanu via his prison team, led via Chief Mike Ozekhome SAN, filed an appeal predicated on three grounds at the apex court.
By the appeal dated November 3, the appellant (Kanu) is seeking an order allowing the appeal, and placing apart in it’s entirety, the selection of the Court of Appeal, made on October 28, 2022, staying the execution of the judgement delivered on October 13, 2022.
In addition, Kanu wishes an order of the Supreme Court restoring the efficacy of the judgement of the court below which has not in any way been set aside via a higher court.
Meanwhile, court method sighted via Daily Champion on Thursday, stated that the Appellant is in custody of the Respondent and wished to be existing at the hearing of the appeal.
In floor one of his notice of appeal, Kanu posited that the court under erred in law when it proceeded to hear and decide an application for stay of execution of judgment in a criminal appeal, brought under Order 6 Rule 1 of the Court of Appeal Rules, 2021, and Section 17 of the Court of Appeal Act of 2004, and thereby occasioned a miscarriage of justice.
On grounds two, the appellant submitted that the court under erred in law when it failed to properly assess or consider or appraise the evidence led by, and on behalf of the Appellant, by Ifeanyi Ejiofor Esq. “The court under failed to correct evaluate and ascribe appropriate evidential or probative cost to the Appellant’s Counter Affidavit filed on the 21st day of October, 2022, Kanu stated.
The Appellant further contended that the fact that a observe of appeal has vast and arguable grounds of appeal, is not a unique circumstance to warrant the grant of a remain of execution.
Kanu’s lawyer argued that “it is not each case where grounds of appeal raise point or points of law, that stay of execution will be granted.
“That via staying execution of a judgment that was essentially declaratory, the lower court which ought to protect the integrity of the judicial process actually overruled itself and vacated its own judgement even before the apex court has heard it” Ozekhome submitted.
