The Federal Government on Wednesday appealed the judgement of the Court of Appeal which freed the leader of the Indigenous People of Biafra (IPOB).
In the appeal filed before the Supreme Court by the office of the Attorney-General of the Federation (AGF), the federal government asked the Supreme Court to stay the execution of the October 13 Court of Appeal judgment that freed Kanu.
The federal government in the seven-ground notice of appeal, faulted the lower court’s decision and also asked that it be set aside.
In a statement on Thursday, IPOB Lead Counsel Ifeanyi Ejiofor said that “though the FGN’s right of appeal is a Constitutional Right, it is our firm contention that the FGN must first and foremost, obey the Order of the Court of Appeal directing for the immediate and unconditional release of Onyendu.”
Ejiofor said that the FG’s “Notice of Appeal and Motion for Stay of Execution” was served to the office of Kanu’s Lead Counsel- Chief Mike Ozekhom, SAN, yesterday, being the 19th day of October 2022, at 5:03pm.
Below is Ejiofor ‘s full statement:
UPDATE ON OUR TODAY’S VISIT TO OUR INDEFATIGABLE CLIENT- ONYENDU MAZI NNAMDI KANU AT THE DSS HEADQUARTERS, ABUJA WHERE HE IS NOW BEING ILLEGALLY AND UNCONSTITUTIONALLY HELD IN SOLITARY CONFINEMENT, IN GROSS VIOLATION OF THE POSITIVE ORDERS OF THE COURT OF APPEAL:
We visited Onyendu today, the 20th day of October, 2022, at the headquarters of the Department of State Services (DSS), Abuja.
Today’s briefing centred on the late night “Notice of Appeal and Motion for Stay of Execution” of the Judgment of the Court of Appeal, which was served on the office of our Lead Counsel- Chief Mike Ozekhom, SAN, yesterday, being the 19th day of October 2022, at 5:03pm.
Our strategies towards a successful upsetting of the efficacy of these processes as it affects Onyendu’s unconditional release were discussed with him, which strategies were all acceptable to him, particularly now that the “Motion for Stay of Execution” was fixed for hearing on Monday, being the 24th day of October, 2022.
Though the FGN’s right of appeal is a Constitutional Right, it is our firm contention that the FGN must first and foremost, obey the Order of the Court of Appeal directing for the immediate and unconditional release of Onyendu. The FGN has been in contempt of the positive Orders of Court made since the 13th day of October, 2022, by the Court of Appeal, which Orders clearly discharged Onyendu, and prohibited the FGN from further detaining him and/or subjecting him to any further prosecution or trial.
The law is settled that a party who is in disobedience of a Court Order, cannot be entitled to, or be granted the indulgence of the exercise of the equitable discretion of a Court of Law for “Stay of Execution” of the same Order the party is in its contempt.
Onyendu’s legal team, eminently led by our erudite Silk – Chief Mike Ozekhome, SAN, is ever ready to literally remove the carpet from under their feet in Court, come the 24th day of October, 2022.
There is no doubt, whatsoever, that this grossly incompetent application for “Stay of Execution” is to enable the lawless DSS to gain more time with the continued detention of Onyendu, but their evil plan is dead on arrival because we are equal to the task!
The only valid OPTION available to the FGN now, is to obey the Order made by a very Superior Court of Record, and immediately free Onyendu unconditionally.
Onyendu is strongly convinced that our landmark victory resonates the age-long testament that the Court is the last hope of the common man. He is firm in his conviction that this landmark victory has come to stay, and his freedom is sacrosanct.
UmuChineke are strongly assured that the present development is nothing to worry about. The Judgment of the Court of Appeal freeing Onyendu has held the FGN in a vice-like grip, there is no chance whatsoever of extrication. Onyendu’s freedom is sacrosanct and the sanctity of the Court’s pronouncement must be respected by the FGN, and the time is now!
Onyendu extended his profound gratitude to you all, UmuChineke, while encouraging you all to remain fervent in your supplications and prayers, as this travail will soon be a thing of the past. There is already light at the end of the tunnel.
Thank you all, Ezigbo UmuChineke and remain hugely blessed.
Sir Ifeanyi Ejiofor, Esq. (KSC)
IPOB’s Lead Counsel
20th October, 2022
Ifunanya Ikueze is an Engineer, Safety Professional, Writer, Investor, Entrepreneur and Educator.