PBA ReporterThe Court of Appeal sitting in Abuja, today, reserved judgment on an appeal by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
Kanu who is currently facing trial at the Federal High Court Abuja, had filed an action at the Appeal Court to quash the terrorism and treasonable felony charge brought against him by the Federal Government.
The IPOB leader’s team of lawyers led by Chief Mike Ozekhome, SAN, went to the appellate court to query the legal competence of the charge pending against him. The team urged the court to review the April 8 ruling of the trial court which struck out only eight out of the 15 charges.
In the appeal dated April 29 and marked CA/ABJ/CR/625/2022, Kanu insisted that the charge FG preferred against him had no basis in law, and therefore applied to be discharged and acquitted.
The court had initially fixed the case for October 11, however, following an application for abridgment of time by Kanu, the appellate court brought the matter forward for hearing.
When the matter was called up on Tuesday, a three-man panel led by Justice Jummai Hanatu, said it had no need to delve into the issue of bail since the substantive appeal was ripe for hearing.
Arguing the appeal claim, Ozekhome alleged that his client was forcefully abducted from Kenya and illegally renditioned back to the country.
The senior lawyer told the court that his client was first arraigned on December 23, 2015 and was later granted bail on April 25, 2017.
“My lords, he was enjoying this bail without breaching the terms. However, he was in his ancestral home when agents of the respondent invaded his home in September 2017.
“When the Appellant travelled from London to Kenya, agents of the respondents, on June 27, 2021, forcefully abducted the appellant, tortured and renditioned him back to the country without following any extradition process,” Ozekhome stated.
He further argued that Kenya, being the country from where Kanu was arrested and extraordinarily renditioned back to Nigeria, ought to have authorised his extradition.
Counsel to the federal government, David Kaswe, prayed the court to dismiss the appeal on the ground that it lacked merit.
Kaswe argued that due process of the law was followed in bringing Kanu back to the country.
He further asserted that the charge had been amended seven times owing to the conduct of the appellant.
“My lords, it took four years and huge resources to get the respondent arrested and brought back to face the charges against him.
“We are saying that the trial court was even wrong to have struck out the eight charges as it did.
“It is only after the FG has produced all its witnesses and tendered its evidence that the Appellant could claim that no prima-facie case was established.
“Finally, we urge this court to dismiss the appeal for lacking in merit,” Kaswe added.
After listening to both sides, the panel said it would communicate a date for the judgment.
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