The Court of Appeal in Abuja on Friday stopped execution of its own judgement that freed the leader of the proscribed Indigenous People of Biafra,IPOB, Nnamdi Kanu from custody.
The appellate court took the decision to enable the Supreme Court take a look at the decision that faulted the rendition of Kanu from Kenya to Nigeria and that set aside the terrorism charges against him.
Dissatisfied with the decision federal government of Nigeria had approached the apex court for a review of the Court of Appeal decision.
Delivering ruling, Justice Haruna Tsanami allowed the federal government application and ordered that the execution of the judgment be put on hold.
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 Tsanami in the briefing ruling held that the counter affidavit filed against the Federal Government application by Kanu’s legal team was misleading and not helpful.
On Monday when the application was argued federal government lawyer David Kaswe had prayed the Court of Appeal to allow the application and grant a stay of execution of judgment delivered October 13,2022 pending the determination of an appeal at Supreme Court.
He said that federal government request was premised on the ground of national security as Nnamdi Kanu release from custody would heighten the insecurity situations in South East.
Kaswe further told the Court that the application which was brought in pursuance to Order 6 Rule 1, of the Court of Appeal, was essentially in the interest of justice, security and relative peace that needed to be preserved in the South East Zone of the country.
The federal government also argued that Nnamdi Kanu who was brought back from Kenya is flight risk haven jumped bail.
Kaswe said that the decision in Asari Dokubo’s case where the apex court refused his release buttressed his argument that Kanu should not be released.
“If the execution of the judgment is not stay it will be extremely difficult to bring Kanu back to face his trial,” as he has demonstrated capacity to jump bail.
He submitted that Kanu’s release will impart negatively on the already deteriorating security situation in the South East.
Attempt by the counsel to link the current security alert circulating in the country to the instant case, was shut down by the court as the justices said they have see the alert and the threats was not attributed to either Boko Haram or Indigenous People of Biafra.
In vehement opposition to federal government position, Kanu lead lawyer Chief Mike Ozekhome, SAN, urged the court to dismiss the application with ignominy.
He said that Asari Dokubo’s case cited by federal government has nothing to do with Kanu case which the court of had ruled upon.
Ozekhome SAN told the court that the purpose of the federal government in bring the application is to overrule the Court of Appeal. He cited the statement credited to the Attorney General of Federation Abubakar Malami, SAN, after the court order, that the government will not obey the order of the Court nor release Kanu.
The counsel said that contrary to the position being canvassed by the federal government, “the release of Kanu will bring peace to South East Zone” stating that, “when the order was made on October 13,2022 releasing Kanu the whole South East erupted in jubilations.” Since them there has been peace in South East.
Besides, Ozekhome said that the federal government has not presented before the court an exceptional circumstances to warrant the granting of the application for a stay of execution of it’s judgment.
Particularly as, “it is not allowed to stay execution in a criminal matter.” The counsel also submitted that “there was no valid appeal before the Supreme Court.”
“My Lords we don’t want Kanu to die in custody. Kanu never jumped bail, as they claimed . He escaped being killed when the agents of the Federal government attacked his father resident and killed 27 persons,” the counsel said.
Ozekhome prayed the Court. “Refuse this application because is an insult on this court,”
With the ruling the battle for the release of Kanu has shifted to the Supreme Court.