The Supreme Court has upheld the Federal Government’s appeal, overturning the Court of Appeal’s verdict that dismissed charges against Nnamdi Kanu.
The Supreme Court ruled that Kanu must face trial at the Federal High Court, disagreeing with the earlier decision that he couldn’t be retried due to the Federal Government’s alleged illegality during the invasion of his home.
Justice Garba Lawal, delivering the judgment on behalf of Justice Emmanuel Agim, stated that the Court of Appeal was wrong in ruling that Kanu’s trial couldn’t proceed based on the government’s alleged illegal actions.
The Court emphasized that despite the government’s reckless conduct in rendering Kanu from Kenya, it doesn’t prevent the continuation of the trial.
The Court highlighted that the suit seeking Kanu’s release on the grounds of unlawful abduction lacked citation of any Nigerian law. It suggested that Kanu could pursue a civil matter against the alleged abduction rather than stripping the courts of their powers to proceed with his criminal trial.
Kanu, the leader of the proscribed IPOB, wasn’t present in court for the judgment. The case, which has spanned years, saw this latest development amid heightened security.
Calls for Kanu’s release by Ohanaeze and others were prevalent.
Kanu, detained since June 2021 after his re-arrest in Kenya, has accused the government of illegal abduction.
He was arraigned before the Federal High Court in Abuja on four charges of treasonable felony, conspiracy to commit treasonable felony, terrorism, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari
The charges were later amended to a 15 bordering on terrorism and membership of a proscribed group.
Justice Binta Nyako of the trial court had in her ruling dismissed eight out of the 15 charges, saying that Mr Kanu had questions to answer in relation to the remaining seven charges.
Dissatisfied with the ruling, Mr Kanu appealed to the Court of Appeal, which dismissed the remaining charges and ordered that Mr Kanu be released.
The Supreme Court’s reversal comes after the Federal Government appealed, securing a stay of execution of the Court of Appeal’s judgment.
Ada Peter
