In a significant development on Friday, December 15, the Supreme Court overturned the Court of Appeal’s decision that directed the Federal Government to release Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), from detention.
The apex court, responding to the federal government’s appeal against the Court of Appeal’s release order for Kanu, ruled that he must return to face the seven-count terrorism charges against him at the Federal High Court, Abuja.
Though the Supreme Court, in a unanimous decision by a five-member panel of Justices, acknowledged that FG acted “irresponsibly” when it forcefully brought Kanu back to the country from Kenya, against all known laws, however, it held that it was not enough to divest the trial court of its jurisdiction to continue with the case.
It held that there is no legislation in the country that stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action that FG took against him.
In the judgement that was prepared by Justice Garba Mohammed but read by Justice Emmanuel Agim, the apex court held that the remedy open for Kanu was for him to institute a civil action against the government.
The court however slammed FG, saying it must be conscious of its image, both locally and internationally, even as it knocked the trial court for revoking Kanu’s bail after he escaped to save his life following the invasion of his home by security agents.
The IPOB leader, who was first arrested by security agents in Lagos on October 14, 2015, has been in detention since June 29, 2021.
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