The Supreme Court of Nigeria has upheld the treasonable charge against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
The apex court made its ruling Friday morning.
The Supreme Court had fixed December 15 as the judgment date for the case against the IPOB leader.
The court of appeal had previously ordered the release of Mr Kanu in a judgment delivered on October 13, 2022.
The three-member panel in the appellate court unanimously rejected a 15-count terrorism charge the government entered against the IPOB leader before the Abuja Division of the Federal High Court.
The federal government prayed the apex court to set aside an earlier judgment by the Court of Appeal, which quashed the treasonable felony charge against Mr Kanu and ordered his release on the grounds that he was unlawfully brought back to the country after he jumped bail.
Mr Kanu wanted the Supreme Court to allow the appellate court’s judgment and uphold his discharge and acquittal.
Counsel to the federal government, Tijani Gazali, urged the apex court “to allow the appeal, set aside the judgment of the court below, and affirm the judgment of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
Mr Gazali further urged the court to dismiss the cross-appeal filed by Mr Kanu.
In his submission, Mike Ozekhome, Mr Kani’s counsel, urged the court to dismiss the appeal filed by the government with punitive costs and uphold the cross-appeal to do substantial justice to this matter.”
He urged the court to allow the cross-appeal filed by his client.
Mr Ozekhome told the court that his client had been in custody since June 29, 2021.
The apex court also declined to order the release of Mr Kanu from detention.
The judgment written by Justice Garba Lawal voided and set aside the appellate court’s judgment, which in October last year ordered Mr Kanu’s release and quashed the terrorism charges against him.
It held that although the Nigerian government was reckless and unlawfully arrested Mr Kanu from Kenya, such an unlawful act did not prevent any court from proceeding with the trial.
He said no Nigerian law was cited in the suit seeking Mr Kanu’s release on mere unlawful abduction from Kenya, adding that at the moment, the remedy for such action is for Mr Kanu to file a civil matter against his abduction instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The justice subsequently ordered that Mr Kanu should defend himself in the remaining seven-count terrorism charges against him.
