The Supreme Court of Nigeria on Thursday fixed May 11 for the hearing on the appeal filed before it over the continued illegal detention of Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra, by the counsel to Kanu.
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The Supreme Court also granted permission to the federal government to file nine new grounds of appeal against the release of Nnamdi Kanu. These nine new objections will become part of the Federal Government’s amended Notice of Appeal dated October 28, 2022.
Before the main matter came up for hearing on Thursday, Mike Ozekhome SAN, the lead counsel for Kanu informed the court of his motions seeking for bail of his client and another seeking for his transfer to the Kuje Correctional Center in order to get proper medical attention.
He also urged for an accelerated hearing of the matter, as Kanu’s health has been deteriorating under the custody of the DSS.
The counsel to the Federal Government, Mr. Tijani Gadzali sought an adjournment to enable him file a counter affidavit against Kanu’s plea for transfer to Kuje on the grounds that he just took over the matter.
The FG’s counsel however, argued that the DSS detention center were Kanu is currently being held has adequate resources to attend to his health needs.
In its ruling after listening to the arguments, a five-member panel led by Justice John Okoro, advised Ozekhome to withdraw his applications to pave way for a speedy hearing of the main suit, and 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.
Mike Ozekhome had appealed the ruling of the Court of Appeal, Abuja, which had reversed its orders releasing Kanu from custody.
The Court of Appeal had on October 13, 2022 ordered the IPOB leader’s release, having ruled that the abduction and extraordinary rendition of Kanu from Kenya was illegal and consequently constitutes a bar to further proceeding/trail.
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.
A three-man pane of the appellate court on October 28, 2022, stayed the execution of its earlier judgement freeing Kanu.
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.
Mazi Nnamdi 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.
Nnamdi Maduakor is a Writer, Investor and Entrepreneur