The Federal Government on Thursday got permission from the Supreme Court to file nine fresh grounds of appeal to oppose the release of the Leader of the proscribed Indigenous People of Biafra (IPoB), Mazi Nnamdi Kanu, from detention.
The apex court granted the Federal Government’s request to include the fresh grounds in its amended notice of appeal dated 28th October 2022.
The ruling followed an application moved by a government lawyer, Mr Tijani Gadzali, who equally sought an adjournment to respond to Kanu’s request to be transferred from the detention facility of the Department of State Services (DSS), to the Kuje Correctional Centre.
Gazzali, a Senior Advocate of Nigeria (SAN), told the court that he would need time to file a counter-affidavit, to oppose Kanu’s request.
Consequently, a five-member panel of the Supreme Court led by Justice Inyang Okoro adjourned the case till 11th May for a definite hearing.
In a judgement on last 13th October, the Court of Appeal in Abuja had ordered Kanu’s release from detention.
In a unanimous decision by a three-member panel, the appellate court also quashed a 15-count terrorism charge that the FG entered against Kanu before the Federal High Court in Abuja.
The court said it was satisfied that the Federal Government flagrantly violated all known laws when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian government divested the trial court of the jurisdiction to continue with Kanu’s trial.
However, dissatisfied with the judgement, the Federal Government took the matter before the Supreme Court and urged the appellate court to suspend the execution of the judgement, pending the determination of its appeal.
At the resumed proceedings in the matter on Thursday, Kanu’s legal team, led by Chief Mike Ozekhome SAN, and Mr Ifeanyi Ejiofor, drew the attention of the apex court to an application seeking the release of their client on bail, pending the conclusion of the hearing of the appeal.
Ozekhome said there was a need to also transfer his client from the custody of the DSS to where he could get proper medical attention in view of his deteriorating health.
He, therefore, applied for an accelerated hearing of all the pending applications and the substantive appeal.
Kanu had earlier asked the apex court to strike out Federal Government’s appeal against his release.
Specifically, he applied for an order of the apex court, “striking out and/or dismissing the Respondent’s Appeal No: SC/CR/1361/2022, for want of diligent prosecution” as well as an order setting down his own cross-appeal for hearing.
The IPoB leader contended that going by Section 6 (1) of the Supreme Court (Criminal Appeals) Practice Direction 2013, Federal Government had only 10 days within which to file and serve him with its brief of argument, upon the service of record of appeal.
He further argued that Order 2 Rule 29 (1) & (2) and Order 6 Rule 9 of the Supreme Court Rules, as amended in 2014, empowered him to seek the striking out of Federal Government’s appeal for want of diligent prosecution.
According to him, “Parties were served with the record of appeal since 2nd November last year.
“The ten (10) days stipulated under the Fast Track Rules of this Honourable Court for the Respondent to file its Appellant’s Brief has since elapsed.
The respondent was not diligent in prosecuting the appeal.
