The Supreme Court has upturned a ruling made by the Court of Appeal in respect of leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.
The apex court on Friday upheld the treasonable charge filed against Mr Kanu after the Federal Government argued that the Court of Appeal was erroneous in its judgement that Kanu be released immediately because he was unlawfully brought back to the country after he jumped bail.
The Supreme Court judgement was delivered by Justice Emmanuel Agim, but prepared by Justice Garba Lawal.
The court held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with trial.
Justice Lawal said the remedy for such an action is for Kanu to file a civil matter against the act.
Counsel to the Federal Government Tijani Gazali (SAN) had urged the apex court “to allow the appeal, set aside the judgment of the court below, and affirm the judgment of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
Gazali further urged the court to dismiss the cross-appeal filed by Kanu.
But Kanu’as lawyer Mike Ozekhome prayed the court to dismiss the appeal filed by the Federal Government with punitive costs and uphold the cross-appeal to do substantial justice to this matter.