Victor Ezeja
AdminThe Supreme Court on Friday set aside a ruling by the appellate court which quashed the terrorism charges levelled against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu by the Nigerian government.
The apex court held that the Court of Appeal was wrong to have ruled that the trial court could not try him because his rights were violated by the prosecution.
Prime Business Africa recalls that the Nigerian government had repatriated Kanu from Kenya, after the Federal High Court in Abuja ordered the IPOB leader’s arrest for jumping bail in 2017.
According to the Supreme Court, Kanu’s forcible repatriation from Kenya in June 2021 by the Nigerian government did not strip the trial court of jurisdiction to entertain the IPOB leader’s trial.
“Our law is that evidence illegality obtained is valid before the court. A violation of Mr Kanu’s right should have been by a way of civil proceedings. That is not our law for now,” the apex court declared, pointing out that there is no legislation in Nigeria that provides for the stoppage of trial where the prosecution does something illegal against the defendant.
Kanu’s trial which started in 2015 was stalled at the Federal High Court in Abuja after the Court of Appeal in Abuja dismissed the charges in a judgement delivered on the 13th of October 2022.
The Court of Appeal dismissed the terrorism and treasonable felony charges filed against Kanu on the basis of his agitation for the secession of a Biafra Republic, comprising the five South-east states and parts of neighbouring states, from Nigeria.
A three-member panel of the appellate court led by Oludotun Adefope-Okojie, dismissed the terrorism and treasonable felony charges against the IPOB Leader. The court ordered Kanu’s release from detention after striking out a seven-count charge pending before Binta Nyako of the Federal High Court in Abuja.
Justice Adefope-Okojie held that Kanu’s forced return from Kenya to Nigeria in June 2021 was a breach of local and international laws.
On Friday, the Supreme Court, in a unanimous decision by a five-member panel of Justices, acknowledged that the Federal Government acted “irresponsibly” when it forcefully brought Kanu back to the country from Kenya, against all known laws
It however held that it was not enough to divest the trial court of its jurisdiction to continue with the case, stressing that there is no legislation in the country that stripped the trial court of the jurisdiction to proceed with Kanu’s case, despite the illegal action taken by the government against him.
In the judgement that was prepared by Justice Garba Mohammed but read by Justice Emmanuel Agim, the Supreme Court held that the remedy open for Kanu was for him to institute a civil action against the government.
The court however slammed the Federal Government saying it must be conscious of its image, both locally and internationally, even as it knocked the trial court for revoking Kanu’s bail after he escaped to save his life following the invasion of his home by security agents.
The IPOB leader, who was first arrested by security agents in Lagos on the 14th of October, 2015, and has been in detention since June 29, 2021.
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