By Femi Falana, SAN
In the case of Nnamdi Kanu v Federal Government of Nigeria, the Federal High Court had upheld the preliminary objection of the defence team led by Chief Mike Ozekhome SAN and dismissed 8 out of the 15-count charge against the defendant. (See: _”UPDATED: Court strikes out eight of 15 charges against IPOB leader Nnamdi Kanu (Full List)” (8 April 2022: Premium Times)
In its judgment delivered yesterday the Court of Appeal dismissed the remaining 7-count charge and discharged Mr. Kanu on the main ground that his rendition in Kenya had rendered the entire proceedings in the Federal High Court illegal under the Nigerian Constitution and under international law. Consequently, the Court of Appeal ordered Mr. Kanu’s immediate and unconditional release from the custody of the State Security Service.
Therefore, the claim of the Federal Government that there are some pending charges against Mr. Kanu in the Federal High Court is a contemptuous mockery of the Court of Appeal whose judgment is binding on all authorities and persons in Nigeria by virtue of section 287 of the 1999 Constitution of the Republic.
FEMI FALANA, SAN
(14 October 2022)
