The supreme court has granted leave to the federal government to file nine new grounds of appeal against the release of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).

The federal government through its counsel, Tijani Gadzali, applied for leave to include nine new grounds as part of its amended notice of appeal dated October 28, 2022.

A five-member panel of the court led by John Okoro granted the application at the court session on Thursday.

Also at the hearing, Mike Ozekhome, Kanu’s lead counsel, informed the panel of some applications bordering on his client’s bail based on “deteriorating” health.

He prayed the apex court to either grant the IPOB leader bail or order for his transfer to the Kuje Correctional Centre, Abuja, pending the hearing and determination of the substantive appeal.

However, the prosecution raised an objection adding that the DSS facility is well-equipped to cater to whatever health conditions Kanu may be experiencing.

After listening to the arguments, the apex court panel advised Ozekhome to withdraw his applications to allow for a speedy hearing of the main suit.

BACKGROUND 

Kanu was extradited from Kenya by the Nigerian government in June 2021, to face terrorism charges in Abuja.

Subsequently, he was re-arraigned before Binta Nyako, a federal high court judge in Abuja, on a 15-count terrorism charge.

However, while ruling on Kanu’s preliminary objection challenging the validity of the charge, the judge, on April 8, 2022, struck out eight of the 15 counts.

The IPOB leader went on to file an appeal against the remaining seven counts.

On October 13, the appellate court held that the federal government cannot prosecute the IPOB leader having breached his human rights and extradition laws by forcefully bringing him back to Nigeria.

Consequently, the court quashed the remaining counts and ordered Kanu’s release.

The federal government’s appeal against the October 13th judgment is what is pending before the supreme court.

The Cable