The Supreme on Thursday announced that it will deliver judgment on the appeal seeking to compel the Federal Government to release the embattled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, from detention on December 15.
The date was fixed by Justice Kudirat Kekere-Ekun after taking arguments from Kanu’s lawyer, Mike Ozekhome (SAN), and Tijani Gazali (SAN), who stood for the Federal Government.
Earlier, Kanu’s counsel urged the court to order the immediate release of his client from detention and award a heavy punitive cost against the FG.
Ozekhome maintained that the Federal Government has since 2021 been detaining Kanu illegally and unlawfully.
He said, “We urge my lords to uphold our Cross-Appeal to do substantial justice to this matter and to the Respondent who has been in detention since June 29, 2021, even after the lower court ordered his release and that he should never be prosecuted again on the same counts.
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“They are still holding him unconstitutionally. We pray my Lords to deliver justice and use this case, just like in Ojukwu vs. State, to demonstrate that no man or government should be above the law.”
However, in his submission, FG’s lawyer urged the apex court to set aside the judgment of the Court of Appeal which ordered Kanu’s release.
He also prayed for the court to order the resumption of his trial before the Federal High Court in Abuja for terrorism-related charges.
The Court of Appeal, Abuja Division, had on October 13, 2022, in a judgment in an appeal filed and argued by Ozekhome, dismissed the remaining seven-count criminal charges brought against Kanu by the Federal Government at the Federal High Court in Abuja.
The high court had, in an earlier ruling, retained seven counts out of the original 15 counts against Kanu after striking out eight out of the 15-count charge.
Justice Binta Nyako, while striking out eight charges, had held that Kanu had questions to answer on seven other counts.