The Supreme Court adjourned IPOB leader Nnamdi Kanu's case for full hearing on the merit of federal government's appeal against his acquittal.
The Supreme Court on Thursday adjourned an appeal by the Nigerian government challenging the release of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).
A five-member panel of the Supreme Court led by John Okoro, adjourned the suit until 11 May for the hearing of the case.
On 13 October 2022, the Court of Appeal in Abuja, struck out the terrorism and treasonable felony charges filed against Mr Kanu by the Nigerian government.
Consequently, the appellate court ordered the government to release the IPOB leader.
However, the government lodged an appeal at the Supreme Court to overturn the appellate court's decision freeing Mr Kanu. It also obtained an order reminding Mr Kanu pending the determination of its appeal by the Supreme Court.
Mr Kanu leads a separatist campaign in Nigeria's South-east region which he hopes would become an independent Biafra Republic. The region comprises mainly Igbo-speaking ethnic group.
Thursday's hearing
At the commencement of proceedings at the Supreme Court on Thursday, Mr Kanu's lead lawyer, Mike Ozekhome, informed the panel of some applications bordering on Mr Kanu's bail and "deteriorating" health.
Mr Ozekhome, a Senior Advocate of Nigeria (SAN) and a law professor, urged the court to either grant the IPOB leader bail or order his transfer to the Kuje Correctional Centre, Abuja, for him to be easily accessible pending the hearing and determination of the substantive appeal.
Mr Kanu is being held at the State Security Service (SSS) detention facility in Abuja.
But in opposition to Mr Ozekhome's requests, the lawyer to the Nigerian government, Tijjani Gazali, also a SAN, argued that the SSS detention centre has adequate resources to attend to Mr Kanu's health needs.
After listening to the arguments, the panel advised Mr Ozekhome to withdraw his applications to pave the way for a speedy hearing of the main suit.
It directed Mr Gazali to file the appellant's brief within six days from Thursday.
The court's panel comprised John Okoro, Ibrahim Saulawa, Uwani Abba-Aji, Tijjani Abubakar and Emmanuel Agim.
Background
Six months after the Court of Appeal ordered freeing Mr Kanu, the apex court for the first time heard the government's appeal.
Mr Ozekhome blamed the federal government for the delay in hearing the suit.
He said the government filed its notice of appeal without filing the necessary accompanying documents.
"For instance, the federal government filed a motion (request) for extension of time to file appellant's brief, but the motion was not served on us (the defence)," Mr Ozekhome told journalists shortly after Thursday's hearing.
Mr Kanu was forcibly extradited from Kenya by the Nigerian government in June 2021, to face terrorism charges in Abuja.
The IPOB leader was subsequently re-arraigned before Binta Nyako of the Federal High Court in Abuja on a 15-count terrorism charge.
But the judge on 8 April while ruling on the Mr Kanu's preliminary objection challenging the validity of the charge, struck out eight of the 15 counts.
The IPOB leader appealed against Ms Nyako's ruling at the Court of Appeal.
Mr Kanu's lawyer, Mr Ozekhome had argued that his client was "illegally extradited from Kenya."
He urged the court to dismiss the remaining 8-count charge for being a violation of Mr Kanu's fundamental rights to freedom.
The defence lawyer argued that Mr Kanu's extradition breached both Nigeria's extradition laws and international conventions.
Delivering judgement on the suit, the Court of Appeal upheld Mr Ozekhome's arguments.
The Court of Appeal panel led by Jummai Sankey said the lower court "lacks the jurisdiction to entertain the suit."
The court held that Mr Kanu's extraordinary rendition from Kenya in June 2021 to Nigeria without following the extradition rules was a flagrant violation of Nigeria's extradition treaty and a breach of the IPOB leader's fundamental human rights.
However, the government obtained an order from the Court of Appeal staying the execution of its earlier order freeing Mr Kanu.
This newspaper earlier reported details of the charges.
Below are the full details of the seven charges that were struck out
The judge ordered that the case proceeds to trial on Counts 1, 2, 3, 4, 5, 13 and 15.
Five of the sustained charges have to do with alleged acts of terrorism, including professing to be a member and leader of IPOB, a proscribed organisation, issuing inciteful and deadly threats against individuals, and issuing directives, among others.
Count 15 has to do with the illegal importation of a radio transmitter he declared as used household items in violation of section 47 (2) (a) of the Criminal Code Act. Cap, C45 Laws of the Federation of Nigeria 2004.
IPOB leader, Nnamdi Kanu arrives Federal High Court in Abuja in continuation of his trial on Wednesday.
FILE: IPOB leader, Nnamdi Kanu arrives Federal High Court in Abuja in continuation of his trial.
Full details of the counts:
Count 1
The prosecution alleged that Mr Kanu, of Afara Ukwu, Umuhahia North Local Government Area of Abia State, as a member of and leader of proscribed IPOB sometimes in September 2021, committed an act of terrorism against Nigeria and its people by allegedly making a broadcast received and heard in Nigeria with intent to intimidate the population, threatened that the people would die and that the whole world would standstill. The offence is said to be punishable under section 1(2)(b) of the Terrorism Prevention Amendment Act 2015.
Count 2
The prosecution accused him of committing "an act in furtherance of an act of terrorism" against Nigeria and its people made a broadcast received and heard in Nigeria within the jurisdiction of the court with intent to intimidate the population, issued a death threat against anyone who flouted his sit-at-home order.
Mr Kanu allegedly ordered whoever flouted the order should "write his/her will", and as a result banks, schools, markets, shopping malls, and fuel stations domiciled in the eastern states of Nigeria must not open for business. Citizens, and vehicular movements, in the eastern states of Nigeria, the prosecution said, were grounded as a result of the sit-at-home order.
The prosecution said the offence is punishable under section 1(2)(b) of the Terrorism (Prevention) Amendment Act (2013).
Count 3
The prosecution also alleged that "on diverse dates" between 2018 and 2021 within the jurisdiction of this court, Mr Kanu professed himself to be a member and leader of IPOB, a proscribed organisation in Nigeria.
This, the prosecution said was an offence contrary to and punishments under section 16 of the Terrorism Prevision Amendment Act 2015.
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Count 4
M Kanu also, allegedly, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria inciting members of the public in Nigeria in furtherance of an act of terrorism against Nigeria and its people to hunt and kill Nigerian security personnel.
The offence, according to the prosecution, is punishable under section 1(2)(h) of the Terrorism Prevention Amendment Act 2013.
Count 5
Mr Kanu, also on diverse dates between 2018 and 2021, allegedly broadcasted furtherance of an act of terrorism against Nigeria and its people received and heard in Nigeria in furtherance of an act of terrorism, inciting members of the public in Nigeria to hunt and kill families of Nigeria security personnel.
The offence is said to be punishable under 1(2)(h) of the Terrorism Prevention Amendment Act 2013.
Count 13
Mr Kany also alleged between 2018 and 2021 made a broadcast received and heard in Nigeria with the intent to incite violence, in furtherance of an act of terrorism against Nigeria and its people, directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government.
The alleged offences, the prosecution says, are punishable under section 1(2) of the Terrorism (Prevention) Amendment) Act 2013.
Court 15
The prosecution also alleged that on diverse dates between March and April 2015 Mr Kanu was illegally imported into Nigeria and kept in Ubulisluzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L concealed in a container of used household items which he declared as used household items.
The alleged offence was said to be contrary to section 47(2)(a) of Criminal Code Act CapC45 Laws of the Federation of Nigeria 2004.
