The Supreme Court, on Thursday, heard the appeal filed against the release of Mr Kanu, leader of IPOB, who has been in SSS custody since June 2021.
The Supreme Court on Thursday slated 15 December for judgement in the Nigerian government's appeal challenging the lower court's order for the release of Nnamdi Kanu.
Mr Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has been in detention since June 2021 after he was forcibly repatriated from Kenya to Nigeria.
The Court of Appeal in Abuja, on 13 October last year, dismissed the terrorism and treasonable felony charges filed against Mr Kanu on the basis of his agitation for the secession of a Biafra Republic, comprising the five South-east states and parts of neighbouring states, from Nigeria.
The court, in its decision, ordered Mr Kanu's release from the detention of Nigeria's secret police, the State Security Service (SSS).
The Court of Appeal made the orders on the grounds that the federal government's manner of repatriating the IPOB leader from Kenya was illegal.
But the court would later suspend the execution of the release of Mr Kanu to afford the government time to pursue its appeal against the decision at the Supreme Court.
Thursday hearing
At the hearing of the substantive appeal on Thursday, a five-member of the Supreme Court headed by Kudirat Kekere-Ekun adjourned the suit for judgement after taking brief arguments from lawyers to the parties.
While adjourning the suit, Ms Kekere-Ekun said the decision that would be reached in the federal government's appeal would address issues raised by Mr Kanu's suit challenging his continued detention.
Earlier, the federal government's lawyer, Tijjani Gazali, a Senior Advocate of Nigeria (SAN), urged the Supreme Court to "allow the appeal" and set aside the decision of the Court of Appeal freeing Mr Kanu.
Mr Gazali who is the acting director of civil appeals at the Federal Ministry of Justice in Abuja, prayed the court to affirm the judgement of the Federal High Court in Abuja which sustained terrorism charges against the separatist leader.
However, Mr Kanu's lawyer, Mike Ozekhome, a law professor and SAN, prayed the apex court "to dismiss the appeal with punitive cost and respectfully uphold the cross-appeal in order to do substantial justice to this matter."
Mr Ozekhome informed the court that his client had been languishing in detention since 29 June 2021, when he was brought back to Nigeria.
"We humbly urge my Lords to dismiss the appeal with punitive cost and respectfully uphold the cross-appeal in order to do substantial justice to this matter so that Nnamdi Kanu who has been in incarceration since 29 June, 2021 can be released. He is being held illegally against both local and International laws," Mr Ozekhome argued.
He further told the court that "no government should trample on the rights of its citizens."
Alongside Ms Kudirat Kekere-Ekun, who presided, the other members of the five-member panel are Ibrahim Saulawa, Garba Mohammed, Tijjani Abubakar and Emmanuel Agim.
Background
On 13 October 2022, a three-member panel of the appellate court led by Oludotun Adefope-Okojie, dismissed the terrorism and treasonable felony charges against Mr Kanu.
The court had ordered Mr Kanu's release from detention after striking out a seven-count charge pending before Binta Nyako of the Federal High Court in Abuja.
Mr Adefope-Okojie held that Mr Kanu's forced return from Kenya to Nigeria in June 2021 was a breach of local and international laws.
Instead of complying with the appellate court's decision ordering Mr Kanu's unconditional release, the office of the Attorney-General of the Federation (AGF) filed an appeal at the Supreme Court.
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The then AGF, Abubakar Malami, filed an application for a stay of execution of the Court of Appeal's verdict on the separatist leader.
But on 28 October 2022, another three-member panel of the Court of Appeal headed by Haruna Tsammani, halted the execution of its judgement which freed Mr Kanu of terrorism charges.
The government had applied that the execution of the judgment be suspended pending the resolution of its appeal filed at the Supreme Court.
Mr Tsammiani, in the ruling, held that the counter-affidavit filed against the government application by Mr Kanu's legal team led by Mr Ozekhome was misleading.
Mr Kanu has been leading secession campaigns of South-east region parts of South-south Nigeria for an independent state of Biafra.
The federal government blamed IPOB's separatist activities for the violence that has engulfed the South-east region.
But Mr Kanu and IPOB disagreed with the government over the allegations of violent separatist campaigns.
