The Court of Appeal in Abuja ordered Mr Kanu’s release from the custody of the State Security Service , after dismissing the charges against Mr Kanu in October last year.
But to block Mr Kanu’s release, the federal government hurriedly filed a four-ground notice of appeal against the Court of Appeal’s decision at the Supreme Court. It then approached the Court of Appeal to suspend the execution of the order for the release of Mr Kanu from custody pending the Supreme Court’s decision on the competence of the charges.
Below are the highlights of the total 13 grounds of appeal on which the federal government anchored its appeal.In ground 1, the government said the Court of Appeal erred in law by allegedly failing to consider the relevant provisions of the Administration of Criminal Justice Act 2015, a law that regulates criminal proceedings in federal courts.
The government further said the Court of Appeal “misdirected itself when it relied on the manner in robbing the trial court of its jurisdiction,” adding it was “inconsistent with the judicial precedent of” the Supreme CourtOn another ground, the prosecution said the Appeal Court was wrong to have relied “heavily” on international legal instruments and cases decided “from foreign jurisdictions” in arriving at its decision freeing Mr Kanu.
“The nature of entry of the respondent is not relevant in the determination of the merit of the charges,” the government submitted.Contesting the court’s order releasing Mr Kanu, the government argued that the appellate court erred when it held that the Federal High Court lacked jurisdiction to try the IPOB leader because of his “extraordinary rendition” from Kenya.
The government told the Supreme Court that the IPOB leader was standing trial at the Federal High Court, but “flouted” the orders of the court and “jumped bail.” The government argued that it was under “a legal duty to bring” the IPOB leader “before the trial court to answer to charges preferred against him.”
It further prayed to the Supreme Court to restore the charge against the IPOB leader for him to be tried at the Federal High Court. The Inyang Okoro-led five-member panel of the court then adjourned proceedings until 11 May for a hearing.
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