The Supreme Court of Nigeria has declined to order the release of the embattled leader of the Proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu from detention.
The Apex Court in a judgment on Friday delivered by Justice Emmanuel Agim but written by Justice Garba Lawal voided and set aside the judgment of the Court of Appeal which in October last year ordered the release of Kanu and also quashed the terrorism charges against him.
The Supreme Court held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with the trial.
The court held that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya, adding that at the moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.
The Apex Court subsequently ordered that Kanu should go and defend himself in the remaining 7 counts of terrorism charges against him.
The Apex court held that the remedy open for Kanu was for him to institute a civil action against the government.
The court however slammed the federal government, saying it must be conscious of its image, both local and international, even as it knocked the trial court for revoking Kanu’s bail after he escaped to save his life following the invasion of his home by security agents.
Forceful rendition
On October 13, 2022, the Court of Appeal quashed all charges against Kanu.
The Court of Appeal, while discharging Kanu of the 15 counts charge against him, had barred the Federal Government from trying Kanu on the charges he was facing before his forceful rendition from Kenya to Nigeria by agents of the Nigerian government on the 27th of June, 2021.
The Justices held that Kanu’s extraordinary rendition from overseas violated international laws and treaties on extradition.
But the appellate court later stayed its judgment after the federal government through the office of the Attorney-General of the federation asked that the execution of the verdict be paused.
The AGF then appealed to the Supreme Court to set aside the lower court’s decision while Kanu’s lawyer urged the apex court to uphold the judgment of the Court of Appeal and order the release of his client.
The IPOB leader, who was first arrested by security agents in Lagos on October 14, 2015, has been in detention since June 29, 2021.
Speaking to journalists in an interview, counsel to Nnamdi Kan, Mr Kanu Agabi SAN thanked God for the judgment as they prepare to go back to the Federal High Court.
Also, counsel to the Federal Government Mr David Kaswe said the judgment was in line with the law.