Appeal Court reserves ruling in Kanu’s suit challenging criminal charges

Nnamdi Kanu

Written by

in

,

The Court of Appeal in Abuja has reserved judgment in an appeal filed by detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

A three-member panel, headed by Justice Jummai Hanatu, after entertaining the final submissions by lawyers to the parties yesterday, said a date for judgment would be communicated to them later.

The panel said it was unnecessary to consider the issue of bail for the appellant since the substantive appeal was ripe for hearing.

Kanu is, by the appeal, seeking to quash the criminal charge for which he is being tried before a Federal High Court in Abuja for alleged terrorism and treasonable felony.

He prayed the appellate court to review the April 8 ruling delivered by Justice Binta Nyako of the Federal High Court, which struck out eight of the 15 counts in the charge.

Kanu also prayed the court to quash the raining counts and discharge him.

Arguing the appeal yesterday, Kanu’s lead lawyer, Mike Ozekhome (SAN), claimed that his client was forcefully abducted from Kenya and illegally extradited to the country.

Ozekhome, who gave a brief history of his client’s trial, said he was first arraigned on December 23, 2015 and granted bail on April 25, 2017.

The lawyer argued that by the Doctrine of Specialty under Section 15 of the Extradition Act, the Federal Government ought to have proceeded to try Kanu on the five-count charge he was initially facing before he escaped from the country.

He contended that Kenya should also have authorised his extradition.

Read Also: Kanu: IPOB declares Tuesday sit-at-home across Southeast

Ozekhome, who claimed the Federal Government did not deny forcefully moving Kanu from Kenya, argued that the charge appeared to give the lower court a global jurisdiction over offences that were allegedly committed by Kanu without specifying the location or date the alleged offences were committed.

But in a counter-argument, lawyer to the Federal Government, David Kaswe, urged the court to dismiss the appeal for lacking in merit.

The lawyer argued that the Federal Government complied with due process of law in bringing Kanu back to Nigeria.

He added: “My lords, it took four years and huge resources to get the respondent arrested and brought back to face the charge against him.

“The prosecution is ever willing and eager to proceed with trial of the appellant. We are saying the trial court was even wrong to have struck out the eight counts as it did.

“It is only after the Federal Government has produced all its witnesses and tendered its evidence that the appellant could claim that no prima facie case was established.

“We urge this court to dismiss the appeal for lacking in merit.”

Also, business and economic activities were shut down in Umuahia, the Abia State capital, and the state’s commercial hub, Aba, in adherence to the sit-at-home order of the Indigenous People of Biafra (IPOB).

Our correspondent, who monitored the level of compliance, noted that most residents of the state stayed indoors.

The Nation reports that major markets and other institutions, including some eateries in the state, remained shut, while customers of various financial institutions who needed cash and other financial transactions used the Automated Teller Machines (ATMs).

Unlike on Monday when some motor parks and loading bays were operational, the Aba Central Motor Park and other private parks were closed for operation yesterday.

Only a few intra-city tricycle operators defiled the IPOB orders and worked.

A few filling stations, especially those at the popular Bata Junction, Asa Road and Milverton with a military outpost, operated.

Some rural weekly markets held, despite the sit-at-home order.

Petty traders, like vegetable and fruit vendors, returned from the markets in the evening.

Business and commercial activities gradually picked in Aba towards evening as roadside traders displayed their wares without any harassment.

More posts