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

Published

3 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

Police Probe Four Officers Accused of ‘Misconduct’ in Lagos

Published

6 hours ago

April 12, 2026

Eric

The Nigeria Police Force has launched an investigation into alleged misconduct by officers from the Satellite Town Division, Lagos State, after a viral social media video.

The Force Media Officer, CSP Aliyu Giwa, disclosed this in a statement on Saturday.

The complainant, Rhapstar, posted the video on X on April 4, alleging incivility by officers on surveillance duty.

In the clip, police officers stopped a vehicle, ordered occupants out, and searched one individual away from the roadside-parked vehicle.

The incident triggered widespread reaction, amid concerns over alleged harassment during a roadside stop-and-search operation.

Speaking on the incident on Saturday, Giwa said the Divisional Police Officer and implicated officers were summoned, adding that an investigation into the incident was ongoing.

Giwa wrote on X: “When (Rhapstar) posted the viral video on 4 April 2026, alleging misconduct by officers from the Satellite Town Division, Lagos, we took the matter seriously and acted immediately.

“The DPO and the officers involved were summoned, statements were obtained, and detailed interviews were conducted.

“Preliminary findings indicate the incident occurred in May 2025. We are working to obtain additional details directly from the victims, as their accounts are central to the investigation.

“This process is not a cover-up; it is a demonstration of accountability.

“The leadership of the Force management team has emphasised that the rule of law is non-negotiable in the discharge of police duties nationwide. No officer is above accountability, and no incident is too old to investigate. The investigation is ongoing. We will provide regular updates.

“To every Nigerian who spoke up, your voice prompted accountability, as it should be.”

Featured

Turaki Faction Kicks As Police Unseal PDP Secretariat

Published

7 hours ago

April 12, 2026

Eric

The Tanimu Turaki-led Peoples Democratic Party (PDP) has accused the Nigeria Police Force of acting in contempt of court following the unsealing of its National Secretariat in Abuja, describing the development as a partisan move that undermines the rule of law.

In a statement issued on Saturday, the party’s National Publicity Secretary, Comrade Ini Ememobong, said the police facilitated the takeover of the Wadata Plaza headquarters by individuals he described as “agents of the federal government and APC apologists masquerading as PDP members,” despite a pending appeal on the matter.

The PDP maintained that the judgment by Justice Abdulmalik, which the police purportedly relied upon in unsealing the premises, is already under appeal.

According to the party, the police, being a party to the suit, had been duly served and were fully aware of the appellate process.

It argued that by proceeding to unseal the secretariat, the police had “tampered with the res”, (a legal terminology referring to the subject matter of litigation) thereby risking rendering the eventual judgment of the Court of Appeal nugatory.

“It is most shameful that those entrusted with protecting the law are those disobeying the law,” the statement read.

The party expressed disappointment that the police, under the leadership of the new Inspector General of Police, has continued what it described as a pattern of partisan conduct since the crisis began.

It alleged that officers of the force had consistently acted in support of a faction it labelled as “Wike-backed APC apologists,” thereby deepening internal tensions within the opposition party.

Despite its grievances, the PDP called on its members nationwide to remain calm and law-abiding, urging them to avoid actions that could lead to a breakdown of public order.

“As law-abiding citizens, we admonish our members to continue to maintain peace and not undertake any activity capable of breaching public peace,” the statement added, while pledging to pursue all legal avenues to defend the rights of what it termed “genuine members” of the party.

The party also assured the public that it remained optimistic that the situation would be resolved in favour of democratic principles, warning against what it described as a “state-sponsored persecution and one-party drive.”

Invoking a note of hope, the PDP said the current challenges would ultimately give way to “joy and liberation,” expressing confidence in the restoration of what it called true democratic experience in the country.

The unsealing of the PDP secretariat marks the latest twist in the protracted leadership and legal tussle within the party, which has continued to generate political tension and raise concerns about institutional neutrality in Nigeria’s democratic process.

Featured

Why Tinubu Was Absent at Commissioning of Sanwo-Olu’s Projects in Lagos – Presidency

Published

3 days ago

April 9, 2026

Eric

The Presidency has come up with reasons behind President Bola Tinubu’s absent at the commissioning of Governor Babajide Sanwo-Olu’s projects in Lagos, on Wednesday.

Tinubu was noticeably absent at the scheduled project commissioning in Lagos, sparking public curiosity.

However, Sunday Dare, his Special Adviser on Public Communications and Orientation, has clarified the reason behind the last-minute development.

Speaking during an interview on Channels Television, Dare revealed that the President had to prioritise urgent national security matters over the event.
According to him, although Tinubu is currently in Lagos, he has been deeply engaged in high-level State duties, particularly ongoing security briefings tied to recent developments across the country.

“The president has been busy taking constant briefs and has to prioritise when it comes to state matters, especially security,” Dare stated.

He referenced rising security concerns, including recent unrest linked to incidents in Jos, noting that the President has been closely monitoring the situation and working directly with intelligence agencies.

Dare emphasised that Tinubu remains fully engaged behind the scenes, actively coordinating with security operatives and receiving continuous updates to address emerging threats.

The absence, he stressed, should not be seen as neglect of official duties but rather a reflection of the President’s focus on safeguarding national stability at a critical time.

Tinubu skipped the Lagos commissioning not out of disregard, but to handle pressing security issues demanding immediate presidential attention.