Newsonline has compiled the latest Biafra news today, latest news about Biafra activist Nnamdi Kanu, Nnamdi Kanu news and other Biafra groups such as the IPOB, MASSOB, BIM, and BNL for today, 20th October 2022.
This online newspaper understands that it has asked the apex court to stay the execution of the October 13 Court of Appeal judgment that freed the leader of the separatist group.
The request forms one of the reliefs in a motion for a stay of execution filed yesterday before the apex court by the office of the Attorney-General of the Federation (AGF).
Newsonline learnt that the motion contained a seven-ground notice of appeal, in which the Federal Government not only faulted the lower court’s decision but equally prayed that it be set aside.
The appellant argued, among others, that the Court of Appeal erred when it faulted the manner Kanu was brought back to face trial after he jumped bail and fled the country.
It contended further that the Court of Appeal erred when it struck out the pending charge against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner Kanu was returned to the country upon allegedly jumping bail.
A date for the hearing of the motion for the stay of execution is being awaited.
Last Thursday, the Court of Appeal in Abuja declared as unlawful Kanu’s repatriation to Nigeria from Kenya and his subsequent arraignment before a Federal High Court in Abuja for the continuation of his trial on pending terrorism charges.
The three-member panel of the court also quashed the terrorism charge brought against him by the Federal Government, pending before the Federal High Court in Abuja.
The Appeal Court was of the view that the Nigerian government breached all known local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charge against him incompetent and unlawful.
The judgment was on an appeal marked: CA/ABJ/CR/625/2022 filed by Kanu against an earlier ruling by Justice Binta Nyako of the Federal High Court, Abuja.
In the lead judgment, Justice Oludotun Adefope-Okojie declared as illegal and unlawful Kanu’s abduction from Kenya and his subsequent return to Nigeria.
Justice Adefope-Okojie proceeded to quash the remaining seven counts in the 15-count charge filed by the Federal Government.
Justice Nyako of the Federal High Court had, in an earlier ruling, quashed eight out of the 15 counts.
Justice Adefope-Okojie held that the Nigerian government violated all laws in the forceful rendition of Kanu to Nigeria, thus invalidating the charges.
“By the illegal abduction and extra-ordinary rendition of the appellant, there was a clear violation, by the respondent (Federal Government) of international treaties, conventions, as well as the African Charter on Human and Peoples Rights,” she said.
Justice Adefope-Okojie added that having flagrantly breached Kanu’s fundamental rights, the Federal Government lost the legal right to put him on trial.
She held that the trial court, therefore, lacked the jurisdiction to try the appellant on the retained counts of the charge.
“No court can try him going by the circumstances of the extraordinary rendition,” she said.
Justice Adefope-Okojie said: “Having resolved issue one in favour of the appellant, which deals with jurisdiction, the appeal succeeds. The order of Justice Binta Nyako which ordered the appellant to answer to counts 1, 2, 3, 4, 5, 8 and 15 is set aside, terminated and dismissed.
“Appellant is accordingly discharged,” Justice Adefope-Okojie said.
Nnamdi Kanu‘s legal team has issued a formal notice of release to the Attorney-General of the Federation and the Director General of the State Security Service, demanding the immediate release of their client.
The legal team, led by Mike Ozekhome (SAN), issued the formal notice dated October 17, 2022. In the notice shared on Tuesday by IPOB’s lawyer Ifeanyi Ejiofor on his Facebook handle, The team urged the AGF and DG of DSS to immediately comply with the judgment of the Court of Appeal.
Newsonline recalls that on October 13, the Appellate court discharged Mr Kanu of the remaining charges against him.
In the final formal notice of release which was attached with a copy of the Appellate court’s judgment, the legal team urged Abubakar Malami and the DG of the State Security Service to refer to the judgment and release their client immediately.
Part of the notice by Kanu’s legal team said, “recall that Mazi Nnamdi Kanu was forcibly abducted from Kenya and was consequently extraordinarily renditioned to Nigeria. Upon being brought before the court on the 29th day of June 2021, the court directed that he be remanded in the facility of the State Security Service. Mazi Nnamdi Kanu has been in the custody of the State Security Service, from the said 29th June 2022, till date.”
The FG has reacted to the judgement of the Court of Appeal quashing the charges against Nnamdi Kanu, saying that he was only discharged by the court but not acquitted.
Newsonline reports that the Federal Government, on Thursday, said the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu was not acquitted by the Court of Appeal.
It said the appellate court only decided a single issue that borders on rendition, and that Kanu has other pre-rendition cases to answer.
The Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) who reacted to the judgement gave an indication that it will approach the Supreme Court to challenge the Court of Appeal judgement that quashed the terrorism charge it preferred against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Malami, SAN, while insisting that issues that predated Kanu’s rendition from Kenya, are yet to be determined by the court, said the government would exploit the appropriate legal options and also communicate same to the public.
A statement the AGF made available to newsmen through his media aide, Dr. Umar Gwandu, read: “The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu.
“For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issue that borders on rendition.
“Let it be made clear to the general public that other issues that predates rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues”.
The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has been discharged and acquitted by the Court of Appeal sitting in Abuja.
The Court of Appeal on Thursday upheld the appeal of the IPOB leader.
The development was confirmed by the counsel to Kanu and human rights activist, Ifeanyi Ejiofor in a post on his Facebook page.
Ejiofor wrote, “Appeal allowed, Oyendu Mazi Nnamdi KANU, discharged and acquitted. We have won!.”
Kanu had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted.
The IPOB leader was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
The Court of Appeal, Abuja will deliver judgment in the case between the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and the Federal Government on Thursday.
Kanu’s lawyer, Ifeanyi Ejiofor made this known on Wednesday in a statement titled, “Update on Onyendu’s Court of Appeal case.”
A statement by Ejiofor partly read, “We wish to inform all followers of Mazi Nnamdi Kanu, that we just received NOTIFICATION from the Court of Appeal Abuja Judicial Division, that the long-awaited Judgment in Onyendu Mazi Nnamdi Kanu’s Appeal No: CA/ABJ/CR/625/2022 BETWEEN: MAZI NNAMDI KANU VS. FEDERAL REPUBLIC OF NIGERIA, will be delivered tomorrow, the 13th Day of October 2022, at 2:00 PM.”
“We are very excited with this news as we look forward to a victorious outing tomorrow. The hour has come! Please do not relent in your prayers as they are positively impacting. We will surely have every cause to rejoice for Victory is ours and it shall surely end in praises.”
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