The Supreme Court in a landmark ruling has reversed the judgement of the Appeal Court discharging and acquitting the embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The apex court gave its verdict on Friday morning, saying the Appeal Court erred when it holistically struck out the charges on the grounds of violation of his rights.
In the judgement read by Justice Garba Mohammed, the five-member panel
of Justices in a unanimous decision, ruled that FG acted “irresponsibly” when it illegally renditioned Nnamdi Kanu back to the country from Kenya.
It also held that there is no law in the country stopping a trial based on the violation of the rights of a suspect.
Part of the judgement reads, “If the police should destroy the house of a suspect to obtain exhibits, should that diverse the court against entertaining the offence?
“His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.
“We decided not to go with the court of appeal. Though we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.
“No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.
“The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed.”
Recall that in October 13, 2022, the Court of Appeal Abuja delivered a judgement ordering Kanu’s release from detention.
The court ruled that he was abducted, maltreated, and “illegally renditioned” from Kenya to Nigeria to face treason and terrorism charges.
But before the judgment could be executed, the federal government immediately applied to the Court of Appeal for a stay of execution pending the determination of its appeal against the judgment, an application the Court of Appeal granted.
Justice Binta Nyako of the Federal High Court, in an earlier ruling, struck out eight counts out of the 15 counts in the original charge filed against Kanu, leaving seven, which the Court of Appeal quashed in its judgment.