The Court of Appeal upheld the Federal Government’s application for a stay of execution of the October 13 judgment that set Nnamdi Kanu free on Friday.
Justice Haruna Tsammani also ordered that the ruling’s outcome be forwarded to the Supreme Court within seven days for expedited hearing.
This means that the self-styled leader of the Indigenous Peoples of Biafra (POB), is likely to remain in the custody of the Department of State Services until the Supreme Court hears the case.
On October 13, the Court of Appeal discharged Kanu, who is being prosecuted by the Federal Government at the Federal High Court in Abuja on charges of treasonable felony and terrorism.
Because of his kidnapping and extraordinary rendition to Nigeria, which violated the OAU convention and protocol on extradition, a three-judge panel of the Court of Appeal ruled that the Federal High Court lacked jurisdiction to try him.
The court also ruled that Kanu’s charges failed to disclose the location, date, time, and nature of the alleged offenses before he was illegally extradited to Nigeria in violation of international treaties.
The Federal Government requested that the execution of the judgment be stayed pending the outcome of its Supreme Court appeal in order to prevent Kanu’s subsequent release.
Justice Tsanammi ruled on Friday that Kanu’s legal team’s counter-affidavit filed in response to the Federal Government’s application was deceptive.
“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 State 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.
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