Again, court adjourns ruling on Nnamdi Kanu’s appeal

The Court of Appeal sitting in Abuja has postponed its judgment on the appeal filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking to quash the terrorism and treasonable felony charges the Federal government preferred against him.

The IPOB leader, who is facing trial before the Federal High Court sitting in Abuja, had through his team of lawyers led by Chief Mike Ozekhome (SAN) headed to the appellate court to challenge the legal competence of the charge pending against him.

He went to the appellate court querying had approached the appellate court to query the legal competence of the charge

He prayed that the court should review the April 8 ruling of the trial court which struck out only eight out of the 15-count charge.

Kanu in his appeal marked CA/ABJ/CR/625/2022 said the charges against him were baseless, applying to be discharged and acquitted.

The appeal, initially fixed for October 11, was brought forward for hearing following an application the IPOB leader filed for abridgement of time.

He went to the appellate court challenging legal competence of the charge.

He prayed that the court should review the April 8 ruling of the trial court, which struck out only eight out of the 15-count charge.

Kanu, in his appeal marked CA/ABJ/CR/625/2022, argued that the charges against him were baseless, applying to be discharged and acquitted.

The appeal, initially fixed for October 11, was brought forward for hearing following an application the IPOB leader filed for abridgement of time.

Mike Ozekhome (SAN), who led Kanu’s team of lawyers, claims that his client was forcefully abducted from Kenya.

He argued that under the Doctrine of Speciality as provided for in section 15 of the Extradition Act, the FG, ought to have proceeded to try Kanu on the five-count charge he was initially facing before he escaped from the country.

He said: “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. He barely escaped alive by sheer providence and found himself first in Israel and later in London.

“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.

“There was no need for the lower court to have retained the remaining seven-count charge.

“We are therefore urging my lords to strike out the remaining counts and hold that the Respondent has not established any prima-facie case against the Appellant for which he could be tried.”

However, the Federal Government, represented by its lawyer, Mr. David Kaswe, urged the court to dismiss the appeal for want of merit.

He maintained that the IPOB leader was brought back to the country by due process of the law.

He argued that the charge has 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. The prosecution is ever willing and eager to proceed with trial of the Appellant.

“It is only after 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.

The panel said it would communicate a date for the judgment after listening to arguments from both sides.