Hopes of members of the proscribed Indigenous People of Biafra (IPOB), seeing their leader, Nnamdi Kanu, being released from the Directorate of State Security (DSS) custody and possibly return to Kenya may not happen anytime soon after the Court of Appeal sitting in Federal Capital Territory (FCT) Abuja granted the Federal Government’s request to stay the execution of the judgment that set free the IPOB leader free.
The court has also ordered that result of the ruling be forwarded to the Supreme Court within seven days for an expeditious hearing, so as to determine fates of Kanu and central government on the case.
In a judgement delivered by a three-man panel led by Justice Haruna Tsanammi on Friday, the court ruled that Kanu should remain in custody pending when the Supreme Court hears the case and determine his release.
Before this judgement, the Court of Appeal had barely two weeks discharged Kanu who was being prosecuted by the apex Government at the Federal High Court in Abuja for charges bordering on treasonable felony and terrorism.
Justice Tsanammi, while delivering the new judgement, held that the counter affidavit filed against the Federal Government’s application by Kanu’s legal team was misleading.
A three-man panel of the Court of Appeal said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court also held charges preferred against Kanu did not disclose the place, date, time, and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.