Victor Ezeja
The Supreme Court has set aside the judgment of the Court of Appeal that ordered the Federal Government to release the Indigenous People of Biafra (IPOB), leader, Nnamdi Kanu, insisting that he must face trial at the lower court.
In a judgment prepared by Justice Garba Mohammed but delivered by Justice Emmanuel Agim on Friday, the apex court admitted that the Federal Government didn’t properly conduct itself, when it forcefully brought Kanu back to the country from Kenya, against all known laws.
Join our WhatsApp ChannelThe court, however, held that the manner in which the government acted was not enough reason to stop the Federal High Court from continuing with Kanu’s trial.
The apex court held that no legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action that FG took against him.
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It said that the remedy open for Kanu was for him to institute a civil action against the government.
It said: “The Court of Appeal was wrong to say that the Federal High Court can no longer try Mr Kanu. The appeal is allowed and the cross-appeal is dismissed.
“Our law is that evidence illegality obtained is valid before the court. A violation of Mr Kanu’s right should have been by way of civil proceedings. That is not our law for now.”
While warning the Federal Government to be conscious of its image, both locally and internationally, the apex court opposed the revocation of Kanu’s bail after he escaped to save his life following the invasion of his home by security agents.
The IPOB leader had been in detention since June 2021 when he was brought back to Nigeria under controversial circumstances to face trial of terrorism charge.
The Court of Appeal had in October 2022, ordered that Kanu be released and also quashed the trial.
However, the federal government through the Attorney General of the Federal, appealed the judgment at the Supreme.
Kanu’s ordeal started in October 2015 when he was first arrested by security agents for his activities in IPOB which is calling for an independent state of Biafra. After securing bail in 2017, Kanu regained freedom but fled the country following the invasion of his family residence by military officers same year.
Victor Ezeja is a passionate journalist with seven years of experience writing on economy, politics and energy. He holds a Master's degree in Mass Communication.
