Supreme Court sends IPOB leader, Nnamdi Kanu, back for trial

• declines to order his release from detention

The Supreme Court on Friday declined to order the release from detention of the leader of the Indigenous People of Biafra (IPOB), Maxi  Nnamdi Kanu.

The Apex Court, in a unanimous judgement prepared by Justice Garba Lawal but read by Justice Emmanuel Agim, voided and set aside the judgement of the Court of Appeal, which had, in October 2023, quashed the terrorism charges preferred against Kanu by the Federal Government and also ordered his release from detention.

The Supreme Court held that, although the Nigerian Government was reckless and unlawfully renditioned Kanu from Kenya, such an unlawful act has not divested any Court from proceeding with trial.

The court held that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful rendition from Kenya, adding that, at the moment, the remedy for such action is for Kanu to file a Civil action against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.

The Apex Court subsequently ordered Kanu to return to the Federal High Court and defend himself in the remaining seven count terrorism charges preferred against him.

It would be recalled that the Supreme Court had, in October this year, adjourned till December 15 to deliver judgement in the appeals filed by the Federal Government and the detained IPOB leader.

The apex court fixed the date after Tijjani Gazali (SAN), counsel to the Federal Government and the IPOB leader, Prof. Mike Ozekhome (SAN) adopted their processes filed in the matter.

While adopting the processes on behalf of the Federal Government, Gazali urged the apex court to allow the appeal, set aside an earlier judgement by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release because he was unlawfully renditioned back to the country after he jumped bail.

Gazali further prayed the court to affirm the judgement of the Federal High Court, Abuja, which held that Kanu should stand trial on those charges struck out by the Court of Appeal.

He also urged the court to dismiss the cross-appeal filed by Kanu for lacking merit.

Ozekhome, while adopting the processes filed against the appeal on behalf of the IPOB leader, prayed the apex court to allow the judgement of the Court of Appeal and set aside the later order for the stay of the execution of the judgement.

The senior lawyer also prayed the court uphold the cross-appeal filed to do justice.

On the 13th of October 2022, the Court of Appeal, Abuja Division, delivered a Judgement in an appeal filed by Kanu challenging part of the Federal High Court’s ruling, which had retained seven counts out of the original 15- count charge filed against him, after striking out eight out of the 15- count charge.

In allowing Kanu’s appeal filed by Ozekhome, the learned Justices of the Court of Appeal directed the Federal Government to immediately release the IPOB leader unconditionally.

The appellate court in the judgement, prohibited the Federal Government from further detaining Kanu, or prosecuting him on any indictment or charge before any court in Nigeria.

In a unanimous decision by the three-member panel, the appellate court also quashed the 15-count terrorism charge that the Federal Government entered against the detained IPOB leader, before the Federal High Court in Abuja

Dissatisfied with the judgement of the appellate court, the Federal Government filed nine grounds of appeal before the Supreme Court to oppose Kanu’s release from detention.