The Court of Appeal has reserves it’s judgment on the appeal filed by Nnamdi Kanu the leader of the proscribed Indigenous people of Biafra (IPOB), to a date to be communicated to the parties in the dispute.
Justice Hanatu Jumia Sanke, presiding Justice of a three man panel of the Court of Appeal announced on Tuesday after Kanu lead lawyer Chief Mike Ozekhome, SAN, and the respondent lawyer David Kaswe adopted their respective briefs of arguments on the appeal filed by Kanu who had asked the Court of Appeal to set him free from the custody.
The appellant has been in the custody of State Security Service, DSS, since June 27, 2021 following his abduction from Kenya.
Ozekhome, SAN, told Court of Appeal that the appellant was first arrested by DSS in December 2015 and arraigned before the lower Court that granted him bail.
The lawyer stated that on April 25, 2017 Kanu father’s compound where he residence was attacked by the respondent agents and killed 27 persons in the compound while Kanu narrowly escaped death.
He said Kanu escaped to London for safety and travelled to Kenya but he was forcefully abducted by the respondent agents who brought him to Nigeria in a very brutal manner on June 27,2021.
Kanu was subsequently arraigned before the lower court on 15 count charge .The trial court judge later struck out eight of the counts and leaving seven counts.
Ozekhome SAN argued that the remaining seven count charge ought not to have been retained by the lower court because it was filed without authorization from Kenya government as the appellant was abducted without any regard to extradition law.
He said that the seven count charge which has been amended seven times can not stand particularly under speciality extradition law.
Ozekhome,SAN, further told the court that Kanu extra -ordinary rendition were never denied by the respondent adding that the respondent can not sustain the charge without first obtaining the consent of Kenya government or passing through extradition processes.
He further submitted that the remaining seven count charge failed the test of statutory provisions. He therefore prayed the court to allow the appeal and strike out the entire remaining seven count charge.
But, the respondent lawyer, David Kaswe prayed the court to dismiss the appeal for lacking in merit. He argued that Kanu was brought back under the due processes of law to face his trial.
He said they are ready to prosecute the appellant at the lower court and call witnesses and adduce evidence as proof of the terrorism charge against the appellant.