The Court of Appeal in Abuja on Friday stopped the execution of its own judgment which faulted the rendition of Kanu from Kenya to Nigeria and also set aside the terrorism charges against him.
Justice Haruna Tsanami in a ruling upheld the application of the Federal Government and ordered that the execution of the judgment be put on hold.
The Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanami in the briefing ruling held that the counter affidavit filed against the Federal Government’s application by Kanu’s legal team was misleading.
BREAKING: Appeal Court Acquits Nnamdi Kanu, Challenges High Court’s Jurisdiction
The Appeal Court sitting in Abuja has discharged the embattled leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.
Kanu is being prosecuted by the Federal Government at the Federal High Court in Abuja for 15 count charges bordering on treasonable felony, terrorism, and offences he allegedly committed in the course of his separatist campaigns.
A three-man panel of the Court of Appeal however said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court held that the 15-count charge preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
The court further held that the Federal Government failed to disclose where Nnamdi Kanu was arrested despite the grave allegations against him.
The court noted that the act of abduction and extraordinary rendition of Kanu from Kenya without due process is a violation of his right.
It added that the manner in which Nnamdi Kanu was procured and brought before the court was not evaluated by the lower court, before assuming jurisdiction to try him.
The lower court having failed to address the preliminary objection challenging its jurisdiction particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria, the lower court failed to take cognizance of the fact that a warrant of arrest can only be executed anywhere within Nigeria, the appeal court judgement said.
The court further held that the trial judge was in grave error to have breached the right to fair hearing of Nnamdi Kanu
The African Charter on Human and People’s rights are part of the laws of Nigeria and courts must abide by the laws without pandering to the aim of the Executive, the appeal court said.
Mr. Kanu has repeatedly called for the breakaway of a significant chunk of southern Nigeria to form the Republic of Biafra.
On October 2015, he was arrested by Nigerian authorities on an 11-count charge bordering on “terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.”
He was granted bail on April 2017 for medical reasons.
However, Mr. Kanu fled the country in September 2017 after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State.
He was then sighted in Israel and later continued to rally his supporters in Nigeria to employ violence in achieving secession.
“He has, upon jumping bail, been accused of engaging in subversive activities that include inciting violence through television, radio and online broadcasts against Nigeria and Nigerian States and institutions,” Minister of Justice, Abubakar Malami said after Kanu was rearrested and brought back to Nigeria in June 2021.
“Kanu was also accused of instigating violence especially in the Southeastern Nigeria that resulted in the loss of lives and property of civilians, military, para military, police forces and destruction of civil institutions and symbols of authorities.”
Mr. Kanu has denied any wrongdoing.
Buhari To Present 2023 Budget To National Assembly Today
President Muhammadu Buhari will on Friday present the N19.76 trillion 2023 Budget to the National Assembly in Abuja.
The presentation will take place 10am at the temporary chamber of House of Representatives.
The Director General, Budget Office of the Federation, Ben Akabueze, had said the President will present the 2023 appropriation to the National Assembly in September.
He had said the 2023 budget was prepared in tandem with extant Federal Government policies and guidelines as articulated in the 2023 Budget Call Circular and other relevant laws and regulations.
Buhari had in December 2021 signed the 2022 Appropriation Bill into law with an aggregate expenditures of N17.127trillion, an increase of N735.85 billion over the initial Executive Proposal for a total expenditure of N16.391 trillion.
More to follow…
NDLEA Discovers 13 Million Pills Of Tramadol In Lagos Mansion
The National Drug Law Enforcement Agency has busted a mansion in the Lekki area of Lagos State where Tramadol was stored.
NDLEA Spokesman, Femi Babafemi, in a terse statement on Monday, said the mansion belonged to a drug baron who is now in custody.
He said the agency recovered 13 million pills of Tramadol 225mg from the mansion.
“Another VGC drug bust! As massive and beautiful as this mansion located in highbrow VGC Lekki Lagos (pictured here) looks, it’s not occupied by humans but used to warehouse over 13 million pills of Tramadol 225mg by another billionaire drug baron now in custody of @ndlea_nigeria. Details coming in a statement shortly,” he said.
This comes days after the agency busted a warehouse in the Ikorodu area of the state where cocaine was stored.