The Court of Appeal, Abuja Division has upheld the Federal Government’s application for stay of execution of the October 13 judgment which set leader of the Indigenous Peoples of Biafara, Nnamdi Kanu free.
The presiding judge, Justice Haruna Tsammani also ordered that the result of the ruling be forwarded to the Supreme Court within seven day for expeditious hearing.
With this judgement, Kanu is expected to remain in the custody of the Department of State Services pending the hearing of the matter by the Supreme Court.
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The Court of Appeal had on October the 13 discharged Kanu who is being prosecuted at a federal high court by the Federal Government for charges bordering on treasonable felony and terrorism.
A three-man panel of the Court of Appeal said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court also held that the charges preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
To stop Kanu’s subsequent release, the Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanammi on Friday held that the counter affidavit filed against the Federal Government’s application by Kanu’s legal team was misleading.
Mr Kanu has repeatedly called for the breakaway of a significant chunk of southern Nigeria to form the Republic of Biafra.
On October 2015, he was arrested by Nigerian authorities on an 11-count charge bordering on “terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.”
He was granted bail on April 2017 for medical reasons.
However, Mr Kanu fled the country in September 2017 after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State.
