The Court of Appeal, Abuja, Monday, upheld its Oct 13, 2022 ruling which ordered the immediate release of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra.
This was disclosed by Kanu’s lead counsel, Chief Mike Ozekhome (SAN).
The Office of the Attorney General of the Federation had, Monday, sought a stay of execution of the ruling. In view of the court, Kanu’s non-release on 13th Oct amounted to illegal detention.
The three justices of the court had ruled that the process Nigerian security agencies used to bring Kanu into Nigeria from Kenya amounted to extraordinary rendition.
Kanu is currently in the custody of the Department of the State Services. He is charged with running a proscribed group, jumping bail and treason.
Kanu defeated the federal government at an Umuahia High Court, which acquitted him on jumping bail. The court also awarded damages to him in a suit instituted by his special counsel, Barr Aloy Ejimakor.
Appeal Court had held that FG could not refute the allegation that Kanu was in Kenya and that he was abducted and brought back to the country without any extradition processes.
Against that background, the court ruled that the government was “ominously silent on the issue”, which it described as essential to determine whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
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