The Supreme Court of Nigeria on Thursday fixed December 15 for judgement in the appeal challenging a court order to release Nnamdi Kanu.
Kanu who is the proscribed leader of the Indigenous People of Biafra( IPOB) was set free by the court of appeal on October 13,2022.
The appeal court in its judgement squashed the terrorism charges against Kanu.
However, following an application by the FG which sought a stay of the October 13 decision, the appellate court on October 28 stayed the execution.
The FG also approached the apex court seeking to overturn the decision squashing the terrorism charges against Kanu.
Background
Mr Kanu has remained in the custody of the State Security Service (SSS) since his repatriation to Nigeria in June 2021.
He was arraigned before Justice Binta Nyako in October 2021 over alleged acts of terrorism.
Upon arraignment, he pleaded not guilty to the seven count charges preferred against him.
The trial resumed on January 18,2022 with FG filling fresh 8 count charges against Kanu increasing the number of charges to 15.
On May 28, 2022, Justice Nyako struck out eight of the 15 count charges leaving 7 charges.
Subsequently, Kanu approached the court of appeal in Abuja challenging the remaining seven-count charge against him.
Delivering judgement, the court of appeal discharged Kanu of the remaining seven count charges proffered against him by the FG.
The court cleared Kanu of the Alleged treason and terrorism charges against him.
Not satisfied with the decision of the appellate court, the FG applied for a stay of execution of the judgement and also filed an appeal before the Supreme Court.
On October 28,2022 the appellate court ordered a stay of execution of the judgment pending a hearing and determination of the before the supreme court.
At the Supreme Court, the FG asked the court to void and set aside the judgment of the appellate court.
They also asked the apex court to restore the criminal charges against Kanu.
Kanu prayed the court to uphold the judgment of the appellate court and release him from the unlawful detention since June 2021
Kanu’s lawyer, Mike Ozekhome (SAN) urged the court to release his client from the unlawful detention.
The FG lawyer, Tijanni Gazali (SAN) asked the court to affirm the judgement of the trial court which upheld 7 count charges against Kanu.
Court’s decision
Hearing the substantive suit, a five member panel led by Justice Kudirat Kekere-Ekun adjourned for judgement.
The judge noted that the judgement will also address Kanu suit which challenges his continued detention.
The panel fixed December 15 to deliver judgement on the appeal filed by the FG.