Tobias Sylvester
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has approached the Supreme Court to set aside the ruling of the Court of Appeal staying the execution of the court’s judgment discharging him.
Nnamdi Kanu Asks Supreme Court To Set Aside Appeal Court’s Ruling
KanyiDaily recalls that the Appeal Court in Abuja had discharged Kanu and ordered his immediate release after quashing all counts of terrorism charge preferred against him by the Federal Government.
However, instead of complying with the court judgement, the government asked the Appeal Court to stay the execution of the judgment freeing Kanu, pending the resolution of an appeal it filed at the Supreme Court.
The Appeal Court, however, after reserving judgement on the matter, granted the prayers of the Federal Government and stayed the execution of the its earlier judgement.
Not satisfied with the development, Kanu’s lead counsel, Mike Ozekhome, filed an appeal predicated on three grounds at the supreme court.
In the appeal dated 3 November, the IPOB leader sought an order of the Supreme Court setting aside the decision of the Court of Appeal made on 28 October.
In addition, Mr Kanu asked the Supreme Court to restore the execution of the appellate court’s verdict of 13 October, freeing the IPOB leader.
In another ground of appeal, Mr Kanu argued that the Court of Appeal erred in law when it heard and determined an application for a stay of execution of its judgment in a criminal suit.
In ground two, the IPOB leader contended that the appellate court erred when it failed to evaluate the evidence led by his legal team.
“The court below failed to properly evaluate and ascribe proper evidential or probative value to the Appellant’s counter-affidavit filed on the 21st day of October 2022, Kanu stated.”
“That by staying execution of a judgment that was essentially declaratory, the lower court which ought to defend the integrity of the judicial process literally overruled itself and vacated its own judgement even before the apex court has heard it” Mr Ozekhome argued.
KanyiDaily recalls that the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami had revealed why Nnamdi Kanu won’t be released despite the court rulings in his favour.
