The Federal Government, yesterday, got permission from the Supreme Court to file nine fresh grounds of appeal to oppose the release of the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, from detention.
The apex court granted FG’s request to include the fresh grounds in its amended notice of appeal dated October 28, 2022.
The ruling followed an application moved by a government lawyer, Mr Tijani Gadzali, SAN, who equally sought an adjournment to respond to Kanu’s request to be transferred from the detention facility of the Department of State Services, DSS, to the Kuje Correctional Centre.
Gazzali, told the court that he would need time to file a counter-affidavit, to oppose Kanu’s request.
Consequently, a five-member panel of the Supreme Court led by Justice Inyang Okoro adjourned the case till May 11 for a definite hearing.
It will be recalled that the Court of Appeal in Abuja had in a judgment on October 13, 2022, ordered Kanu’s release from detention.
In a unanimous decision by a three-member panel, the appellate court also quashed a 15-count terrorism charge that the FG entered against Kanu before the Federal High Court in Abuja.
The court said it was satisfied that the FG flagrantly violated all known laws when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian government divested the trial court of the jurisdiction to continue with Kanu’s trial.
However, dissatisfied with the judgment, the FG took the matter before the Supreme Court and urged the appellate court to suspend the execution of the judgment, pending the determination of its appeal.
Plea for Kanu’s release
Meanwhile, at the resumed proceedings in the matter, yesterday, Kanu’s legal team led by Mike Ozekhome, SAN, and Mr Ifeanyi Ejiofor, drew the attention of the apex court to an application seeking the release of their client on bail, pending the conclusion of the hearing of the appeal.
Ozekhome said there was a need to also transfer his client from the custody of the DSS to where he could get proper medical attention in view of his deteriorating health.
He, therefore, applied for an accelerated hearing of all the pending applications and the substantive appeal.
Kanu had earlier asked the apex court to strike out FG’s appeal against his release.
Specifically, he applied for an order of the apex court, “striking out and/or dismissing the Respondent’s Appeal No: SC/CR/1361/2022, for want of diligent prosecution” as well as an order setting down his own cross-appeal for hearing.
Lack of diligent prosecution
The IPOB leader contended that going by Section 6 (1) of the Supreme Court (Criminal Appeals) Practice Direction 2013, FG had only 10 days within which to file and serve him with its brief of argument, upon the service of record of appeal.
He further argued that Order 2 Rule 29 (1) & (2) and Order 6 Rule 9 of the Supreme Court Rules, as amended 2014, empowered him to seek the striking out of FG’s appeal for want of diligent prosecution.
According to him, “Parties were served with the record of appeal since November 2, 2022.
“The ten (10) days stipulated under the Fast Track Rules of this Honourable Court for the Respondent to file its Appellant’s Brief has since elapsed.
The respondent was not diligent in prosecuting the appeal
“The purpose of this Honourable Court’s Rules and Practice Directions is to provide fair, impartial and expeditious administration of criminal appeals, especially in relation to offences of terrorism, rape, kidnapping, corruption, money laundering and human trafficking.
“On the 28th day of October 2022, the lower court while relying on the Notice of Appeal filed by the Respondent, granted the Respondent’s application for stay of execution of the judgment of the lower court, and consequently stayed the execution of its judgment delivered on the 13th October 2022, which discharged the Applicant and prohibited his further detention.
“The Respondent, which obtained an order of stay of execution of the judgment of the lower court, on the basis of this appeal, has not demonstrated any good faith in prosecuting the said appeal
“Owing to the pendency of the instant appeal, the Applicant who was discharged by the lower court on the 13th of October 2022, is still in the custody of the Appellant/Respondent’s State Security Service (SSS), where he has been held in solitary confinement since the 29th day of June 2021.
“Striking out and/or dismissing the Respondent’s appeal will serve the best interest of justice and fair trial, having particular regard to the fact that the Applicant’s right to liberty was stayed by the lower court on account of the pendency of the Respondent’s abandoned appeal.
“The Applicant has filed his Cross-appellant’s brief and same has been duly served on the Respondent.
“It is in the interest of justice and fair trial to set the Applicant’s cross-appeal down for hearing.
“The Respondent which is not desirous of prosecuting its appeal, will not be prejudiced by the grant of the instant application”, Kanu added.
No condition’s permanent, Ohanaeze tells Buhari, FG
Reacting to the permission that the Supreme Court granted the Federal Government to bring nine new grounds of appeal against Kanu’s release, the Ohanaeze Ndigbo reminded President Muhammadu Buhari and his Government that no condition is permanent.
Meanwhile, the spokesman of Ohanaeze Ndigbo, Dr Alex Chidozie Ogbonnia said that the Federal Government should know that soon the Buhari administration will wind up and a new one ushered in which could change the whole situation.
“Buhari should know that he is going out and another person is coming in and it will be a different ball game; so nothing is permanent”, Ogbonnia said.
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