The court said it was satisfied that FG flagrantly violated all known laws, when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
The embattled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has filed a fresh application to be released on bail, pending the determination of the treasonable felony charge the Federal Government preferred against him.
Kanu’s lawyer, Mr. Alloy Ejimakor, brought the attention of trial Justice Binta Nyako of the Federal High Court in Abuja to the motion for bail dated February 5.
Meanwhile, FG has engaged a Senior Advocate of Nigeria, SAN, Chief Adegboyega Awomolo, to take over the prosecution of the case.
Awomolo, SAN, confirmed to the court that he was in receipt of Kanu’s fresh request for bail.
The IPOB leader, who was first arrested by security agents in Lagos on October 14, 2015, has been in detention since June 29, 2021.
Trial Justice Binta Nyako had on April 25, 2017, granted him bail on health ground, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021 and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Following the development, the trial court, on June 29, 2021, remanded him in custody of the Department of State Services, DSS, where he remained till date.
However, Justice Nyako, on April 8, 2022, struck out eight out of the 15-count charge that FG preferred against him on the premise that they lacked substance.
Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.
The court said it was satisfied that FG flagrantly violated all known laws, when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian government, divested the trial court of the jurisdiction to further try the Appellant.
Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.
While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgement of the appellate court and gave FG the nod to proceed with the trial.