The Supreme Court of Nigeria on Thursday fixed December 15, 2023 for judgment on the appeal filed by Federal Government challenging the decision of Court of Appeal that set free Nnamdi Kanu the leader of proscribed Indigenous Peoples of Biafra .
A five man panel of apex court led by Justice Kudirat Kekere Ekun adjourned for judgement after Tijani Ghazali (SAN) the federal government lawyer and Prof. Mike Ozekhome (SAN) counsel to Kanu adopted their court processes that was filed in respect of the appeal.
While adopting the appellant’s amended brief of argument filed on May 3, 2023 , Ghazali (SAN) urged the Supreme Court to allow the appeal and set aside the decision of Court of Appeal. The counsel further prayed the apex court to remit the case to the Federal High Court Abuja Division for continue trial of Nnamdi Kanu on the remaining five count charges that was struck out by the Court of Appeal.
Ghazali also informed the Supreme Court panel that the federal government also filed reply brief of argument to Kanu’s Cross Appeal.
On his part, Mr. Kanu Agabi (SAN) who on Thursday led Nnamdi Kanu legal team asked Prof Ozekhome (SAN) to present their case.
Ozekhome SAN adopted the respondent’s reply Brief of argument and the written Brief of argument to Kanu Cross Appeal as well as preliminary objections to the main appeal.
Ozekhome SAN urged the apex court to dismiss the main appeal and uphold the cross appeal so that the respondent who has been incarceration since 2021 can go home. He said that the dismissal of the appeal will also demonstrate that no man is above the law.
Recalled that the Court of Appeal on October 13, 2022 in a Landmark Judgment in an appeal filed by Prof Mike Ozekhome (SAN)on behalf of Onyendu Mazi Nnamdi Kanu, that challenged part of the Federal High Court ruling had set Kanu freed from charges he was facing at the Federal High Court.
The trial Federal High Court had retained 7 counts out of the original 15 counts against Mazi Nnamdi Kanu, after striking out eight out of the 15 count charge.
Court of Appeal struck out the remaining 7 count charges and directed the Federal Government of Nigeria to immediately release Mazi Nnamdi Kanu unconditionally.