The Federal Government has given reasons to justify its decision to return the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu back to Nigeria after he allegedly jumped bail.
In an amended notice of appeal before the Supreme Court, the Fed Govt explained that Kanu was extraordinarily renditioned to the country to enable him face his ongoing trial on charges of treasonable felony.
The Fed Govt said its appeal, marked: SC/CR/1361/2022 is against part of the October 13, 2022 judgment of the Court of Appeal, Abuja where it held that the extra-ordinary rendition of Kanu from Kenya to Nigeria robs the trial court of its jurisdiction to try him on the seven-count charge on which he was being tried before he jumped bail.
In the 13-ground amended notice of appeal filed by David Kaswe of the Federal Ministry of Justice, the Fed Govt stated that Kanu was brought back to enable him to attend his trial.
It contended that the Justices of the Court of Appeal erred when they “held that the extraordinary rendition of the respondent (Kanu) robbed the trial court of the jurisdiction to entertain the charges pending before that court even before the respondent illegally jumped bail and absconded.
“The respondent was standing trial on a 5-count charge preferred against him by the appellant (Fed Govt). In the course of proceedings, the respondent illegally jumped bail and absconded from Nigeria.
“The respondent was only returned to Nigeria to continue his trial before the court.
“The illegality or otherwise of the rendition of the respondent is not relevant to the charges that were already pending before the court a the time the Respondent jumped bail,” it said.
The Fed Govt also faulted the Court of Appeal, arguing that it failed to consider that it was the illegality of Kanu jumping bail and his refusal to make himself available for trial that necessitated his return to Nigeria by the appellant, who is under a legal duty to bring hint before the Trial Court to answer the charges preferred against him.
At the mention of the case on Thursday, a five-member panel of the Supreme Court led by Justice John Okoro granted permission to the Fed Govt to file additional nine grounds in its appeal.
The court granted permission while ruling on a motion for leave moved on Thursday by a lawyer to the Fed Govt, Tijani Gazali (SAN).
The court equally granted leave to the Fed Govt to include the additional nine grounds as part of its amended notice of appeal filed on April 26.
Kanu’s lawyer, Mike Ozekhome (SAN) informed the court about a couple of motions filed by his client, including one in which he is praying to be relocated to Kuje prison from his current place of detention in a facility owned by the Department of State Services (DSS).
Ozekhome claimed Kanu was seriously ill and required proper medical attention, which, he believed, his client could access at the Kuje prison.
Further hearing in the case has been adjourned till May 11.
-The Nation
