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FG Takes Kanu to Supreme Court, Says IPOB Leader a Flight Risk

Published

2 years ago

October 21, 2022

Eric

The Federal Government has filed seven grounds of appeal against the October 13 Court of Appeal judgment which discharged the leader of the Indigenous People of Biafra, Nnamdi Kanu.

It asked the Supreme Court to set aside the judgment and restore the charge against the respondent to be tried at the trial court.

The government, in a motion on notice in support of the appeal, is also seeking a stay of execution of the judgment of the court presided over by Justice Jummai Sankey, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk.

The notice of appeal dated October 18 was signed by the Director, Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice.

The appellant averred that the appellate court erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.”

It stated, “There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law.”

The appellant also contended that the court below erred when it held that the executive arm must not be allowed to benefit from the abduction of the respondent “when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a miscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”

The government claimed that the appeal court was wrong by saying that how Kanu was brought back to the country can vitiate and indeed weaken the criminal charges of treason, treasonable felony and terrorism brought against him.

It added that the lower court made that decision without taking into account the fact that the nature of the “entry’’ of the respondent is not relevant in the determination of the charges against him.

The appellant further stated that the appeal court justices failed to be bound by established judicial precedent on the mode of “entry” of a defendant charged with the commission of an offence established by the Supreme Court.

The appeal court, the FG noted, misdirected itself when it relied heavily on the Organisation of African Unions Conventions on the Prevention and Combating of Terrorism, the African Commission on Human and People’s Rights and cases decided from foreign jurisdictions as against the substantive law covering the criminal procedure in Nigeria.

“The court below overlooked the submissions of the appellant with regards to the ACJA, 2015 which takes its taproot from the grundnorm Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to the effect that it is the Administration of Criminal Justice Act, 2015 that governs the trial of every Nigerian charged with the commission of a crime, this failure occasioned the miscarriage of justice,’’ the appeal notice read.

The FG further argued that the court below erred in law when it discharged the respondent of the offences mentioned in counts 1, 2, 3, 4, 5, 8 and 15 bordering on terrorism offences contained in the amended charge dated January 14, 2022, and retained by the trial court for want of jurisdiction.

The appeal observed that the appellate court was completely silent and closed its eyes to the obvious fact of the issues which predate the rendition of the respondent because he was standing trial for conspiracy, and treasonable felony terrorism before his escape.

“If the learned Justices of the Court of Appeal had taken into consideration the act of illegality of the respondent in jumping bail and the corresponding duty of the appellant to ensure his presence in court, the decision of the court would have been different,’’ the appeal read.

In an affidavit, Loveme Odubo of the Department of Public Prosecution, Federal Ministry of Justice, stated that Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.

The affidavit read, “That the respondent is a flight risk person given his previous antecedent of jumping bail while standing trial.

“The respondent is a dual citizen of both Nigeria and Britain which will make it easy for him to move out of Nigeria and escape justice. That the respondent’s presence will be difficult to secure should the judgment of the court below is not overturned and set aside by the Supreme Court.

“There is a need to stay the execution of the judgment of this honourable court to avoid a situation where the judgment of the Supreme Court will be overreached and rendered nugatory.’’

The Punch

Featured

‘Osun is Proud of You’, Gov Adeleke Hails Davido at 32

Published

9 hours ago

November 24, 2024

Eric

Osun State Governor, Senator Ademola Adeleke has congratulated his nephew and global music icon, David Adeleke, popularly known as Davido on the occasion of his birthday, describing him as a superstar Osun State is proud of.

In a statement by his Spokesperson Mallam Olawale Rasheed, the Governor added that Davido’s consistency, energy and passion is evident in the result he has recorded not only in his music career but also in his life as a person.

Governor Adeleke furthered prayed for progress, more success and achievement for him while commending his continuous outreach to the orphanages and less privileged stating that it is a noble act every blessed hand in Nigeria must emulate.

He said, ” I want to rejoice with my nephew, David Adeleke Davido, on the occasion of his 32nd birthday, I am very happy we are all alive to witness it.

“Davido is a global super star that Osun state is very proud of. The consistency, energy and passion he has inserted into building his music career is evident in the result he has recorded not only in his career but also in his life as a person.

“I pray for him for progress, more success and achievement in long life, prosperity, sound health and mind.

“I equally want to commend his continuous outreach to the orphanages and less privileged. I must say that this is a noble act every blessed hand in Nigeria must emulate.

“Once again Happy Birthday to Davido”.

Featured

Glo Festival of Joy Promo: Security Trust Boss Wins Toyota Prado in Warri

Published

1 day ago

November 23, 2024

Eric

Warri was agog with excitement on Thursday as the Board Chairman of Delta State Security Trust Fund, Mr. Daniel Mayuku, became the first winner of the much coveted Toyota Prado in Globacom’s Festival of Joy promotion.

Mr Mayuku was presented the keys to the prized asset at a ceremony held by the company on Thursday, November 21, at Gloworld, Delta Mall, Warri, by the Speaker of the Delta State House of Assembly, Hon. Emomotimi Guwor, and the Chairman of Uvwie Local Government Area, Chief Anthony Ofoni. Friends, admirers and other Glo subscribers joined in the celebration which turned into a carnival in the city with electrifying performances by Ema Dance Troupe.

An overjoyed Mayuku declared: “When I received the first call that I won a Prado in Glo Festival of Joy promo, I believed it was a scam and I immediately told the caller not to call me again. However, after few minutes, I started receiving calls from friends and I decided to call my friends in Glo and they confirmed it. I was in disbelief; I thought it was a scam. I jokingly asked for the car immediately and I was told to come to Glo office for verification and today the jeep has just been presented to me. Globacom is truly Nigerian, a network that delights its subscribers every year. They are still the best.

Other lucky winners also went home with tricycles (Keke), power generating sets, sewing machines and grinding machines. Ovueve Efejiro, a native of Ughelli, who won Keke, said, ”I just won Keke through Festival of Joy promo, I am very grateful to Glo. This Keke will help my family. My brother will use it for commercial purpose immediately”, while a generator winner Felix Gabriel thanked Globacom for always remembering Nigerians every year in its annual promos.

Speaking at the presentation, Speaker of Delta State House of Assembly Hon. Emomotimi Guwor who was the special guest, said “Globacom is a network that is known for giving. Over the years, many Nigerians have been empowered by Glo. The people of my constituency in Warri South West and entire Delta people are grateful to Glo. We will continue to use Glo and I also want to be part of the winners one day soon. So, I will ensure that my line is always on and ready. Kudos to Glo and our own Dr. Mike Adenuga. Please keep on empowering Nigerians.

Similarly, the Head of licensing and operation, National Lottery Regulatory Commission, Delta State office, Mrs Anwuli Efejuku, commended Globacom for the transparent nature of the promo. She said, “We witnessed the raffle draw few days ago here in Warri where it was conducted in the presence of everyone and today the winners that emerged have been presented their prizes. Congratulations to all the winners.

To participate in the Festival of Joy promo, new and existing subscribers should dial *611# to opt into the promo and to keep recharging. He added that new subscribers can participate immediately by purchasing a new SIM, registering it and dialing *611#.

“Customers are required to recharge up to N100, 000 cumulatively during the promo period to qualify for the draw for the Prado Jeep, N50, 000 cumulative recharge for Kia Picanto, N10, 000 in a month for tricycle and N5, 000 total recharge in a month to win a generator. For the sewing machine, a total recharge of N2, 500 in a month is required, while for grinding machine, a recharge of N500 in a day will be eligible for the draw. New subscribers can participate immediately by purchasing a new SIM, registering it and dialing *611#, Globacom explained.

Guests at the event included representative of Urhobo community in Delta State Oil Producing Areas Development Commission (DESOPADEC) Hon. Karo Goru Jonathan; Chairman Uvwie Local Government Area, Delta State, Chief Anthony Ofoni; representative of National Lottery Regulatory Commission, Delta State office, Mrs Anwuli Efejuku; representatives of the Ovie of Uvwie Kingdom, Chief Okieneni and Chief Emmanuel Eyela; President of of Igbudu Market Association, Warri, Chief Rume Kugberu and Nollywood actors, Ese Eriata and comedians Gordons and M.C. Forever.

The next prize-presentation exercise comes up in Lagos, where another set of Nigerians will go home with different prizes including another brand new Toyota Prado, Kia Picanto car, Keke and others.

Featured

Ozekhome Hails Goodluck Jonathan on 67th Birthday

Published

4 days ago

November 20, 2024

Eric

Leading human rights activist and constitutional lawyer, Prof Mike Ozekhome, has celebrated former President Goodluck Jonathan as he turns 67 today.

In a heroic-worded eulogy, the renowned author, who recently launched 50 books at once, praised the former president for his gigantic strides during his tenure, and for putting the nation above his personal interest in the aftermath of the 2015 general election.

Below is Ozekhome’s full statement:

HAPPY BIRTHDAY TO MY DEAR BROTHER AND GOOD FRIEND,DR GOODLUCK EBELE JONATHAN, GCFR

BY PROF MIKE OZEKHOME, SAN, CON, OFR.

GEJ, you are a true democrat in the truest sense of the word.More than 8 years after you left office, many Nigerians are still yearning for your kind of humane and purposeful leadership that shunned discrimination, tribalism, sectionalism, prebendalism and cronyism.

Nigeria surely prospered under you, overtaking South Africa as the biggest rebased economy in Africa and one of the fastest growing economies in the world. For the common man,life was good. You certainly made your mistakes, like us all humans and mortals. But your gargantuan pluses far outweigh your few minuses. God has indeed been very kind to you, raising you from a bootstrap state of nadir to the zenith of power as president of the biggest democracy in the black world. But you never allowed power to intoxicate or overwhelm you as an aphrodisiac.

You showed uncommon humility and selfless leadership- a servant leader. As a living icon phenomenon, you have exemplified the quintessence of the highest virtues and nobility of a good man. At a time Nigeria was on the precipice of collapsing under a looming electoral inferno in 2015, you placed the national interest above your personal interest by conceding defeat to then candidate Muhammadu Buhari, even when votes were still being counted. Your immortal words before that historic occasion to the effect that “My ambition is not worth the blood of any Nigerian” easily placed you in the pantheon of rare heroes. The words rekindled the genre of Abraham Lincoln’s imperishable words during his 18th November, 1863 Gettysburg declaration, that “Democracy is government of the people, for the people and by the people”. Your continuous shuttle diplomacy across the world with which you illuminate dark electoral crevices has proven you to be a world leader of respected pedigree.

Through you, Nigeria exports Democracy.

Happy birthday to an iconic and uncommon democrat.