Supreme Court to rule on Nnamdi Kanu’s release today

The Supreme Court will today give its verdict on the appeal and cross-appeal filed by the Federal Government and Nnamdi Kanu over his release.

A five-member panel, headed by Justice Kudirat Kekere-Ekun, fixed the date on October 5 after the Federal Government’s lawyer, Tijani Gazali (SAN) and counsel for Kanu, Mike Ozekhome (SAN), made final submissions.

The Federal Government is praying the Supreme Court to set aside the Court of Appeal judgment quashing the treasonable felony charge against Kanu.

The Court of Appeal had also ordered his release on the ground that he was unlawfully brought back to the country after he jumped bail.

Kanu wants the Supreme Court to allow the judgment of the Court of Appeal and uphold his discharge and acquittal.

In his final submission, Gazali urged the apex court “to allow the appeal, set aside the judgment of the court below and affirm the judgment of the trial court (Federal High Court) to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”

Gazali urged the court to dismiss Kanu’s cross-appeal.

Ozekhome prayed the court to dismiss the appeal “with punitive cost and uphold the cross-appeal in order to do substantial justice to this matter.”

The SAN told the court that his client had been in custody since June 29, 2021 “even when the lower court had ordered his release”.

He prayed the court “to use this case to demonstrate that no government should trample on the rights of citizens as was done in the case of Ojukwu v. Lagos State.”

The Court of Appeal in Abuja, on October 13, 2022, faulted the manner Kanu was brought back from Kenya.

It held that the prosecution breached international laws and resorted to self-help in its failure to file an extradition application against Kanu in Kenya instead of resorting to unlawful abduction and extraordinary rendition.

The Court of Appeal granted the Federal Government’s motion for a stay of execution pending the Supreme Court’s decision.

Justice Binta Nyako of the Federal High Court had struck out eight out of the 15 counts in the original charge filed against Kanu, leaving seven, which the Court of Appeal quashed.