In a twist, the Court of Appeal in Abuja on Friday halted the execution of its own judgement which faulted the rendition of Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB) from Kenya to Nigeria and also set aside the terrorism charges preferred against him.
Justice Haruna Tsanami in a ruling on Friday upheld the Federal Government’s application and ordered that the execution of the judgment be put on hold.
The New Diplomat had reported that the Court of Appeal had on October 13 discharged Kanu who is being prosecuted by the Federal Government at the Federal High Court in Abuja for charges bordering on treasonable felony and terrorism.
A three-man panel of the Court of Appeal had held that the Federal High Court lacked 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.
Reacting, the Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanami in the brief ruling agreeing with the Federal Government held that the counter affidavit filed against the Federal Government application by Kanu’s legal team was misleading.
Consequently, Justice Haruna Tsammani granted a stay of execution on its judgment, he also ordered that the result of the ruling be forwarded to the Supreme Court within seven days for expeditious hearing.
This means Kanu who had been expecting to be released will now remain in the custody of the Department of State Services pending when the Supreme Court hears the case.