The Court of Appeal today commenced the hearing of an application brought by the Federal Government for a stay of execution of its own judgement that freed Nnamdi Kanu, the leader of the Indigenous People of Biafra, IPOB.
A fresh three man panel of Justices headed by Justice Haruna Samani this morning sat to hear the application but was forced to step the matter down till 12 noon after the Federal government asked for adjournment to respond to list of authorities filed Mike Ozekhome SAN the lead counsel to Kanu.
Counsel to Federal government David Kaswe told the court that he served the respondent with the application last Wednesday by 5.03pm but the respondent served him with counter affidavit on Friday by 5.03pm and served him this morning with a list of additional authorities.
But Chief Ozekhome, SAN, vehemently opposed the oral application for adjournment adding that Kanu is languishing in illegal detention while the federal government hide under the application to continue his detention.
In a brief ruling presiding justice Samani said that fundamental issue is involved and should be heard without delay.He gave federal government an hour to respond to the list of authorities.
Recalls that the Appellate Court had in a unanimous judgement on October 13, 2022 by a three-man panel of justices, dismissed the charges against Kanu by the FG for flagrantly violating all known laws in the way it forcefully renditioned Kanu from Kenya to the country for the continuation of his trial.
“The court will never shy away from calling the Executive to order when it edges towards Executive recklessness”, the appellate court said.
Not satisfied with the decision the Federal Government had appealed to the Supreme Court and applied to the Court of Appeal for the stay of execution of its own judgement.