The Court of Appeal on Monday reserved it ruling on an application to stay execution of the release of Nnamdi Kanu the leader of Indigenous People of Biafra, IPOB, from custody.
Justice Haruna Samani announced this after a fresh three man panel of Justices listened as the federal government and Kanu lead counsel Chief Mike Ozekhome, SAN, canvassed demerits and merits of the detainee released.
Moving the application yesterday afternoon, Federal government lawyer David Kaswe 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,”
Justice Haruna Samani said that when the ruling is ready the parties would be informed