THE Court of Appeal in Abuja has granted the request by the Federal Government for a stay of execution of its October 13 judgment freeing the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, and quashing the terrorism charge filed against him.
A three-member panel of the court, in a ruling yesterday upheld the Federal Government’s application and ordered that the execution of the judgment be put on hold pending the determination of the appeal filed against the judgment by the government.
Justice Haruna Tsamani, who read the lead ruling, ordered the FG to expedite action on the appeal it filed by ensuring prompt transmission of regards among others.
The judge held that the counter-affidavit filed by Kanu’s legal team against FG’s application was misleading.
Lawyer to the FG, David Kaswe, from the Federal Ministry of Justice, had while arguing the application on October 24, prayed the court to stay execution of the judgment for the sake of national security.
Kaswe said: “The application was brought in the interest of justice and to preserve the security in the South East and the country.
“We have demonstrated that the respondent (Kanu) is a flight risk. If the judgment is not stayed until our appeal is heard and determined by the Supreme Court, it will be difficult for us to lay our hands on the respondent to bring him back to court to face the charge against him.
“The respondent has shown that he has the capacity to jump bail,” he said.
Kaswe added that should Kanu be released from custody, it could impact negatively on the security situation in the South East.
He said should the judgment be executed now and Kanu released, it would negatively impact national security, particularly as it relates to the South East.
Kaswe prayed the court to grant the sole prayer in the application in the interest of justice and unity of the country.
Responding, Kanu’s lawyer, Mike Ozekhome (SAN) accused the Federal Government of being in contempt of court.
Ozekhome argued that the Federal Government filed its application to overrule the judgment of the court.
He claimed that Attorney General of the Federation (AGF) has boasted on many occasions that government would not obey the judgment.
Ozekhome argued that as against the government’s claim, Kanu’s release would bring peace and tranquility to the South East and the country.
He added that the application by the Federal Government was to stay the execution of Kanu’s liberty and urged the court not to indulge the government.
Ozekhome contended that there was no valid appeal by the Federal Government at the Supreme Court, noting that the court cannot stay execution when there is no valid appeal.
He prayed the court to dismiss the application.