The Supreme Court on Thursday permitted the federal government to file nine new grounds of appeal against the release of the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi.
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A five-member panel of Justices of the apex court gave the permission while ruling in an application by the counsel to the federal government, Mr Tijani Gadzali, SAN.
Besides, the apex court also granted leave to the federal government to include the nine new grounds as part of its amended Notice of Appeal dated October 28, 2022.
When the matter came up for hearing on Thursday, Kanu’s lead lawyer, Prof. Mike Ozekhome, SAN, informed the court of his Motions seeking for bail of his client and another seeking for Kanu’s transfer to the Kuje Correctional Center in order to get proper medical attention.
Ozekhome who claimed that Kanu’s health had been deteriorating under the custody of the DSS, however urged for an accelerated hearing of the matter.
But Gadzali however, sought for an adjournment to enable him file a counter affidavit against Kanu’s plea for transfer from DSS’ custody, on the grounds that he just took over the matter.
According to Gadzali, the DSS detention centre has adequate resources to attend to Kanu’s health needs.
After listening to the arguments, the panel advised Ozekhome to withdraw his applications to pave way for a speedy hearing of the main suit.
It also directed Gadzali to file the appellant’s brief within six days from Thursday.
The Court subsequently fixed May 11 for hearing on the pending motion and the main appeal.
The Biafran advocate had appealed the ruling of the Court of Appeal, Abuja, which had reversed its orders releasing kanu from custody.
A three-man panel of the Court of Appeal in Abuja, had on October 28, 2022, stayed the execution of its earlier judgment freeing Kanu of terrorism and treasonable felony charges.
Kanu has been in the custody of the State Security Service (SSS) since he was arrested in Kenya and brought back to Nigeria in June 2022.
The appellate court had on October 13, 2022 ordered the IPOB leader’s release, having dismissed the remaining six-count charge levelled against him by the federal government.
However, the federal government asked the Court of Appeal to stay the execution of the judgment freeing Kanu, pending the resolution of an appeal it filed at the Supreme Court.
Dissatisfied with the court’s ruling, Kanu filed an appeal predicated on three grounds at the apex court.
In the appeal dated November 3, 2022, the IPOB leader sought an order of the Supreme Court setting aside the decision of the Court of Appeal made on October 28.
In addition, Kanu also asked the Supreme Court to restore the execution of the appellate court’s verdict of October 13, freeing him from criminal charges.
In another ground of appeal, Kanu argued that the Court of Appeal erred in law when it heard and determined an application for a stay of execution of its judgment in a criminal suit.
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