The Court of Appeal, Abuja has reserved its ruling in the federal government’s application for stay of judgment discharging leader of the Indigenous People of Biafra (POB), Nnamdi Kanu of terrorism charge.
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A three man panel of the appellate court on Monday shortly after taking argument in support and against the federal government’s application announced that the date for its ruling had been reserved and will be communicated to parties in the suit.
The appellate court had on October 13 discharged Kanu from the alleged terrorism charge preferred against him by the government over the manner Kanu was brought back into the country to continue his alleged terrorism trial.
The appellate court in the lead judgment delivered by Justice Adedotun Adefope-Okojie had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international convention and protocols.
Dissatisfied, the federal government having filed a notice of appeal against the judgment of the Court of Appeal at the apex court on Monday asked the court to stay the execution of the judgment discharging Kanu from the charge pending the hearing and determination of the appeal at the apex court.
In the application, filed on October 18, the Federal Government is praying the court to make an order staying the execution of the said judgement pending the hearing and determination of its appeal challenging the judgement at the Supreme court.
In the appeal, hinged on six grounds, the Federal Government said, Kanu, apart from being a flight risk, his release will be a threat to security in the South East and the nation in general.
According to Kaswe, “The application was brought in the interest of justice and to preserve the security in the South East and the country. We have demonstrated that the respondent (Kanu) is a flight risk.
“If the judgement is not stayed until our appeal is heard and determined by the Supreme Court, it will be difficult for us to lay our hands on the respondent (Kanu) to bring him back to court to face the charges against him.
“The respondent has shown that he has the capacity to jump bail and from lawful custody,” he said and added that if Kanu is released from custody, it may impact negatively the already declining security situation in the South East.
He said, discharging, obeying and executing the judgement of the court will negatively affect the security situation in the South East and urged the court to allow the appeal and grant the sole prayer in the application in the interest of justice and unity of the country.
Opposing the application, lead counsel to the IPOB leader, Mike Ozekhome said the purpose of the FG’s application was to overrule the judgement of the court and alleged that the Attorney General of the Federation (AGF) has boasted severally that the government was not going to obey the judgement of the court.
Contrary to FG’s claim, Ozekhome said, it is Kanu’s release that will bring peace and tranquillity to the South East and the country and added that the application by the Federal Government was to stay the execution of the liberty of the IPOB leader, which he called on the court to refuse.
He told the court that, there was no valid appeal by the Federal Government at the Supreme Court and that, the appellate court cannot stay execution when there is no valid appeal.
Ozekhome, SAN, faulted the request for stay, arguing that contrary to the submission of the government’s lawyer, there would be anarchy and chaos in the South East if the order for the release of Kanu was not obeyed.
While observing that the propose of the application is to get the court to overrule itself, he informed the court that the applicant had boasted that it will not carry out the judgment of the court.
While further faulting the grounds upon which the application was brought, the learned silk maintained that it qas forbidden to stay execution of judgment in a criminal matter.
He added that there was no valid appeal in the first as the said notice of appeal at the apex court was not certified.
In urging the court to dismiss the application, Ozekhome pointed out that the applicant was already in contempt of the court’s order and granting his request would imply that the court is validating its action.
After listening to the arguments for and against the motion, Justice Haruna Tsalmani announced that judgment had been reserved to a date that would be communicated to parties in the suit.
Earlier, Ozekhome informed the court that Kanu is terminally ill and needs to undergo an operation and requested that the appellant should release Kanu as ordered by the court in the judgement delivered on October 13.
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