The Supreme Court has delivered a landmark judgment upholding the government's appeal in the case against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB). Despite Kanu's absence in court, the ruling, delivered by Justice Emmanuel Agim and prepared by Justice Garba Lawal, marks a pivotal moment in the prolonged legal battle that has spanned several years.
The Supreme Court asserted that the Court of Appeal erred in ruling that Kanu could not be retried due to the alleged illegality stemming from the government's invasion of his home. Justice Lawal emphasized that the Nigerian government's contentious act of forcibly returning Kanu from Kenya did not invalidate the trial process.
The Court contended that the legal challenge brought by Kanu's legal team failed to cite any Nigerian law supporting the claim of unlawful abduction from Kenya. As a result, the Court deemed the appropriate remedy for such an action to be a civil matter against the alleged act, rather than impeding the trial for the criminal charges leveled against Kanu.
Kanu, who has been in detention since his re-arrest in June 2021, faces charges ranging from treasonable felony to terrorism, illegal importation of radio equipment, and defamation of former President Muhammadu Buhari. The charges were initially amended to 15, emphasizing terrorism and association with a proscribed group.
The legal saga took a turn when Justice Binta Nyako of the Federal High Court dismissed eight of the charges, asserting that Kanu still had questions to answer regarding the remaining seven. Dissatisfied with the ruling, Kanu appealed to the Court of Appeal, which not only dismissed the remaining charges but also ordered his release.
However, the Court of Appeal's decision was met with a stay of execution after the Federal Government signaled its intent to appeal to the Supreme Court. The recent Supreme Court ruling, delivered under tight security, has now overturned the Appellate Court's verdict, setting the stage for a continuation of Kanu's trial on the remaining charges.
This development comes amid calls for Kanu's release by groups like Ohanaeze, adding further complexity to the ongoing legal and political discourse surrounding the prominent secessionist leader
