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In a significant legal development, the Supreme Court has upheld the Federal Government's appeal challenging the Appeal Court's decision that dismissed charges against Nnamdi Kanu, the leader of the proscribed secessionist group, the Indigenous People of Biafra (IPOB). The Supreme Court ruled that Kanu must face trial at the Federal High Court.
The judgment, delivered by Justice Emmanuel Agim but prepared by Justice Garba Lawal, asserted that the Court of Appeal erred in ruling that Kanu could not be retried based on the alleged illegality perpetrated against him by the Federal Government following the invasion of his home.
The Supreme Court further held that although the Nigerian Government's actions, specifically the alleged unlawful rendition of Kanu from Kenya, were reckless, it did not deprive any court of proceeding with the trial. The Court emphasized that no Nigerian law was cited in the suit seeking Kanu's release on grounds of unlawful abduction from Kenya.
Justice Lawal stated that the appropriate remedy for such an action would be for Kanu to file a civil matter against the alleged unlawful act instead of seeking to halt the courts' powers to continue with his trial for alleged criminal charges.
Notably, Kanu was not present in court during the judgment. The case, which has spanned several years, has garnered attention due to its implications on issues of secession and human rights.
The ruling comes amidst heightened security measures and follows calls by Ohanaeze and others advocating for Kanu's release. The IPOB leader has been in detention since June 2021, following his re-arrest in Kenya and subsequent return to Nigeria.
Upon his re-arrest, Kanu faced charges including 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 15, bordering on terrorism and membership of a proscribed group.
While Justice Binta Nyako of the trial court dismissed eight out of the 15 charges, asserting that Kanu had questions to answer regarding the remaining seven charges, the Court of Appeal later dismissed all remaining charges and ordered Kanu's release. The Supreme Court's decision follows the Federal Government's appeal to challenge the Appeal Court's verdict, leading to a stay of execution of its judgment.
