The Supreme Court, has overturned the judgment delivered by the court of appeal dismissing terrorism and treasonable felony charges against Nnmadi Kanu.
The court however upheld the appeal filed by the federal government seeking Mr Kanu to face trial on a remaining 7 count charges against him.
It was not a good day for Nnamdi Kanu’s family and friends as they had hoped that the Supreme Court would align itself with the judgment of the court of appeal.
The Supreme court swayed in another direction to say, although due process of criminal law was not followed, the federal government was in violation of Kenya extradition act and Nigeria extradition Act; it does not render the trial an illegality.
There is no clear provision of the law in Nigeria, that says a trial court will no longer have jurisdiction where the prosecution does anything illegal against an accused person.
Justice Emmanuel Agim who read the judgment held that the violation of Mr Kanu’s rights ought to have been filed by way of civil procedure.
The lower courts remained in the realm of sentiments in the case
Justice Agim asked if law enforcement means to do anything to enforce the law? , he answers in the negative, as it does not mean to commit a crime to enforce the law
