On Friday, the Court of Appeal upheld the Federal Government’s application for a stay of execution of the October 13 judgment that freed Nnamdi Kanu.
Justice Haruna Tsammani also ordered that the ruling’s outcome be sent to the Supreme Court within seven days for expedited hearing.
This means that Mr Kanu, the self-styled leader of the Indigenous Peoples of Biafra, is likely to remain in the custody of the Department of State Services until the case is heard by the Supreme Court.
On October 13, the Court of Appeal discharged Kanu, who is being prosecuted by the Federal Government at the Federal High Court in Abuja on treasonable felony and terrorism charges.
A three-judge panel of the Court of Appeal ruled that the Federal High Court lacked jurisdiction to try him because of his kidnapping and extraordinary rendition to Nigeria, which violated the OAU convention and protocol on extradition.
The court also ruled that the charges filed against Kanu failed to disclose the location, date, time, and nature of the alleged offenses before he was illegally extradited to Nigeria in violation of international treaties.
To prevent Kanu’s subsequent release, the Federal Government requested that the execution of the judgment be stayed pending the outcome of its Supreme Court appeal.
On Friday, Justice Tsanammi ruled that Kanu’s legal team’s counter-affidavit filed against the Federal Government’s application was deceptive.
Mr Kanu has repeatedly called for the breakaway of a significant chunk of southern Nigeria to form the Republic of Biafra.
On October 2015, he was arrested by Nigerian authorities on an 11-count charge bordering on “terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.”
He was granted bail on April 2017 for medical reasons.
However, Mr Kanu fled the country in September 2017 after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State.
He was then sighted in Israel and later continued to rally his supporters in Nigeria to employ violence in achieving secession.
“He has, upon jumping bail, been accused of engaging in subversive activities that include inciting violence through television, radio and online broadcasts against Nigeria and Nigerian State and institutions,” Minister of Justice, Abubakar Malami said after Kanu was rearrested and brought back to Nigeria in June 2021.
“Kanu was also accused of instigating violence especially in the Southeastern Nigeria that resulted in the loss of lives and property of civilians, military, para military, police forces and destruction of civil institutions and symbols of authorities.”
Mr Kanu has denied any wrongdoing.
