The Supreme Court, on Thursday, fixed September 14, 2023, for a definite hearing of the appeal brought before it by the Federal Government challenging the release of the leader of the proscribed Indigenous People of Biafra (POB), Nnamdi Kanu.
Kanu, who was said to have been unlawfully renditioned from Kenya in November 2021 has been in the custody of the Department of State Services since then.
The hearing of the main appeal which was scheduled for Thursday, May 11, 2023, could not hold, as the federal government insist on filing its response to an objection raised by Kanu’s counsel, Prof. Mike Ozekhome (SAN) in his brief of argument.
It would be recalled that the Supreme Court had, on April 27, 2023, given the federal government six days to file all her processes and serve the same on Kanu.
When the matter came up on Thursday, counsel to the federal government, Tijani Gadzali (SAN), told the court that he needed time to respond to the objection raised by Kanu’s lawyer in his brief of argument that was served on him on Wednesday
In his reply, Ozekhome said that the appellant could respond orally to the objection contained in his brief of argument, and allow the main appeal to be heard.
Ozekhome passionately appealed to the panel of Justices of the court to grant a short adjournment if the appeal is not heard, in view of Kanu’s worsening health conditions or alternatively hearing his bail application.
“If this is not possible, my Lords kindly hear the respondent’s application seeking to transfer Kanu from the custody of the Department of State Services (DSS) to the National Correctional Center”, Ozekhome told the court and prayed the court to consider the application for Kanu’s bail to avoid him dying in detention.
Moved by the Ozekhome’s plea, the Presiding Justice, Justice John Okoro said Kanu will not die and called for the court diary.
He explained that the only available short date is September 14, 2023, saying that, “it would amount to an exercise in futility if any of application is taken because there is no time to write the ruling and deliver it in three months time particularly as the court would proceed on vacation soon”.
He also said that the apex court is occupied with political cases which are time bound.
Meanwhile, the apex court on Thursday granted four separate applications brought by the federal government for an extension of time and to deem as properly filed and served on respondents the processes it filed out of time.
Recall that the Court of Appeal Abuja Division had, on October 13, 2022, cleared Nnamdi Kanu of alleged treason and terrorism charges preferred against him and dismissed the remaining six count charges levelled against him by the federal government.
The appellate court faulted the processes adopted by the federal government in extraditing Nnamdi Kanu back to Nigeria from Kenya on the grounds that it breached all known International protocols.
Another panel of the same court however, on October 28, 2022, granted federal government prayer for a stay of execution of the court’s earlier judgement pending a hearing and determination of the instant appeal at the supreme court.
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