The Supreme Court on Thursday fixed September 14, 2023 for definite hearing of the appeal filed by the Federal Government challenging the release of Nnamdi Kanu the leader of the proscribed Indigenous People of Biafra, IPOB,who was taken into custody from Kenya in November 2021.
The hearing of the main appeal which was scheduled for yesterday, Thursday May 11, 2023 could not go on as scheduled as the federal government insisted it want to file it’s response to an objection raised by Kanu counsel Chief Mike Ozekhome SAN in his brief of argument.
Recall the apex court had at the last adjourned date , April 27, 2023 gave the federal government six days to file all her processes and serve same on Kanu.
When the court reconveyed on Thursday, Tijani Gazali,SAN, the federal government lawyer told the court that he needed time to respond to the objection raised by Ozekhome in his brief of argument that was served on him on Wednesday
In his reply Ozekhome said that the appellant could respond orally to the objection contained in his brief of argument, and allow the main appeal to be heard.
Ozekhome passionately appealed to the panel to grant a short adjournment if the appeal is not heard, in view of Kanu’s worsening health conditions or alternatively hear his bail application.
“If this is not possible, my Lords kindly hear the respondent’s application seeking to transfer Kanu from the custody of Department of State Service, DSS,to the National Correctional Center” Ozekhome told the court . The senior lawyer said he made plea because Kanu will die in DSS custody.
Moved by the senior counsel plea, the Presiding Justice, Justice John Inyang Okoro said Kanu will not die and called for the court diary.
He explained that the only available short date is September 14, 2023. According to him, “it would amount to an exercise in futility if any of application is taken because there is no time to write the ruling and deliver it in three months time particularly as the court would proceed on vacation soon. He also said that the apex court is occupied with political cases which are time bound.
Meanwhile the apex court on Thursday granted four separate applications brought by the federal government for extension of time and to deem as properly filed and served on respondents the processes it filed out of time.
Recall that the Court of Appeal Abuja Division had on October 13, 2022, cleared Nnamdi Kanu of alleged treason and terrorism charges against him and dismissed the remaining six count charges levelled against him by the federal government.
Court of Appeal faulted the processes adopted by the federal government in rendition of him back to Nigeria from Kenya on the grounds that it breach all known International Protocol.
Another panel of the same court however, on the October, 28, 2022, granted federal government prayer for a stay of execution of the court earlier decision pending hearing and determination of the instant appeal at the supreme court.