. Orders continuation of trial at Federal High Court
Alex Enumah in Abuja
The Supreme Court, yesterday, voided the judgement of the Court of Appeal which discharged and acquitted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, of alleged treasonable felony charges.
A five-member panel of the apex court in a judgement prepared by Justice Mohammed Garba, faulted the appellate court for holding that the mere fact that Kanu was brought back to Nigeria illegally to continue his trial on treasonable charge, robs the trial court of jurisdiction to continue trial.
Kanu was arrested on October 14, 2015 and was arraigned alongside four others 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 pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.
However, few months after he was admitted to bail on health grounds, Kanu had fled the country in September 2017, after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.
The situation led the federal government to apply for the revocation of his bail which was granted in 2019, by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered for the arrest of the IPOB leader, wherever he may be found.
Based on the court’s order, a combined security agents in collaboration with international police, arrested Kanu and forcefully brought him back to Nigeria, to continue his trial.
The federal government subsequently re-arraigned him on an amended 15-count charge, bordering on treasonable felony, amongst others.
But, Kanu through his team of lawyers led by Prof. Mike Ozekhome, SAN, urged the court to dismiss the fresh charge and free Kanu, claiming that the illegal process through which Kanu was brought into the country renders the charge incompetent and robbed the court of jurisdiction.
In her judgement, the court struck out eight out of the 15 count charge and ordered Kanu to stand trial on the remaining charge.
Dissatisfied, Kanu approached the appellate court to challenge the decision of Justice Nyako, which was granted and quashed the charge against Kanu, prompting the federal government to institute the instant appeal at the Supreme Court.
Delivering ruling yesterday, the apex court held that Kanu must stand trial irrespective of the way he was brought back to the country to continue his trial.
The apex court, although, condemned the security agencies for breaching international laws and conventions by the forceful rendition of Kanu to face trial, held that it was not enough reason to void the charge against Kanu.
The apex court which blamed the security agencies for Kanu’s breach of his bail, said the military acted irresponsibly when they invaded Kanu’s family home, adding that the trial court was wrong and unfair in revoking the bail it granted Kanu.
However, the court held that Kanu’s lawyers should have instituted a civil litigation over the destruction and illegality, rather than that the illegality rendered the charge incompetent.
Besides, the apex court in the judgement read by Justice Emmanuel Agim, noted that there is no known Nigeria law that voids the prosecution or trial of an accused because of illegality of law enforcement agents.
He added that the respondents did not cite any authority to back their claims that a forceful rendition of a defendant robs a court of jurisdiction to try the defendant on criminal charge preferred against him or her.
Agim pointed out that Nigerian law has not developed to a point where a person would not be charged for an alleged offence because of some illegal actions of the police.
He held that the Court of Appeal was wrong in quashing the charge against Kanu because of the illegalities surrounding his repatriation to the country.
The Supreme Court subsequently upheld the appeal of the federal government and ordered trial of Kanu on the remaining seven count charge at the Federal High Court, Abuja.
The Court of Appeal, Abuja Division had on October 13, 2022 in a judgement in an appeal filed and argued by Ozekhome, dismissed the remaining 7 count criminal charges brought against Kanu by the federal government at the Federal High Court in Abuja.
In an appeal against the High Court ruling, the Court of Appeal while upholding all arguments and submissions of Ozekhome quashed the entire 15-count criminal charges.
The appellate court agreed with Ozekhome that the federal government violated rules of engagement in the ways and manners Kanu was arrested in Kenya and brought to Nigeria.
Specifically, the Court of Appeal held that the Nigerian government broke the international laws and resorted to self-help in its failure to file extradition charge against the IPOB leader in Kenya instead of resorting to unlawful abduction, rendition.
In allowing the appeal, the appellate court had ordered immediate and unconditional release of Kanu from the custody of the Department of the State Service (DSS).
The court also prohibited the federal government from further detaining or prosecuting Kanu on any indictment or charge before any court in Nigeria.
Apparently dissatisfied with the Court of Appeal judgement, the federal government took the case to the Supreme Court with request to quash the findings of the Court of Appeal and restore the trial of Kanu on treasonable felony at the Federal High Court.
