Alex Enumah in Abuja
The Court of Appeal, Abuja on Friday granted the federal government’s application for stay of judgment discharging leader of the Indigenous People of Biafra (POB), Nnamdi Kanu of terrorism charge.
A three man panel of the appellate court agreed to stay the execution of its own judgment in deference of the appeal at the Supreme Court.
The appellate court had on October 13 discharged Kanu from the alleged terrorism charge preferred against him by the government over the manner Kanu was brought back into the country to continue his alleged terrorism trial.
The appellate court in the lead judgment delivered by Justice Adedotun Adefope-Okojie had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international convention and protocols.
Dissatisfied, the federal government having filed a notice of appeal against the judgment of the Court of Appeal at the apex court on Monday asked the court to stay the execution of the judgment discharging Kanu from the charge pending the hearing and determination of the appeal at the apex court.
Federal government’s lawyer, Mr David Kaswe hinged the request on the security situation in the country and especially in the South East, adding that Nnamdi Kanu is a flight risk who had once jumped bail and freeing before the appeal at the apex court could jeopardize the case.
Responding, kanu’s lawyer, Chief Mike Ozekhome, SAN, faulted the request for stay, arguing that contrary to the submission of the government’s lawyer, there would be anarchy and chaos in the South East if the order for the release of Kanu is not obey.
Why observing that the the propose of the application is to get the court over rule itself, he informed the court that the applicant had boasted that it will not carry out the judgment of the court.
While further faulting the grounds upon which the application was brought, the Learned Silk maintained that it is forbidden to stay execution of judgment in a criminal matter.
He added that there is no valid appeal in the first as the said notice of appeal at the apex court was not certified.
In urging the court to dismiss the application, Ozekhome pointed out that the applicant is already in contempt of the court’s order and granting his request would implied that the court is validating its action.
After listening to the arguments for and against the motion, Justice Haruna Tsamani announced that judgment had been reserved to a date that would be communicated to parties in the suit.
However, delivering ruling in the application on Friday Justice Tsamani held that the counter affidavit filed against the application was misleading and subsequently ordered a stay of its earlier judgment pending the determination of the appeal by the apex court.
Justice Tsamani in addition ordered the federal government to within seven days, transmit the record of appeal as well as its verdict on the matter, to the apex court to enable speedy determination of the case.
Meanwhile, the Human Rights Writers Association of Nigeria (HURIWA) had berated the appellate court for staying its own judgment, describing the decision as an act of cowardice.
HURIWA in a statement by its National Coordinator, Comrade Emmanuel Onwubiko said that, “there is absolutely no reason why the Court couldn’t have compelled government to comply by her decision rather than been blackmailed into shooting themselves on the leg and thereby amputating justice since the res in the Appeal against the judgment of the appellate court won’t be dissipated if Nmamdi Kanu is left to enjoy his freedoms whilst the Supreme Court hears the federal government’s appeal.
He added, “Today is indeed a calamitous day for the Nigerian judiciary whereby the wheel of justice was derailed by political correctness and fear of the unknown.”
HURIWA lamented that despite the publicised notice of intent by the federal government not to ever respect the judgment of the Court of Appeal the same court of Appeal certified the illegality and the act of impunity and treachery of the federal government when it on Friday, suspended the execution of its judgement that ordered the Federal Government to release the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, from detention.
Carpeting the Court of Appeal for making itself an effective political hostage and captive of the executive arm of government headed by the dictator President Muhammadu Buhari, HURIWA said the decision to suspend their own well conceived and legally sound and well grounded judgment amounted to “judicial suicide by the Court of Appeal and is similar to hitting the death nail on the coffin of judicial independence”, adding that, “the Appeal Court’s decision is shameful, laughable and irrational”.
