The Federal Government of Nigeria has filed seven grounds of appeal at the Supreme Court against the Court of Appeal judgment which discharged the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu. 

The government asked the apex court to set aside the judgment and restore the charge against Kanu to be tried at the trial court. 

The Nigerian government is also seeking a stay of execution of the judgment of the Court of Appeal, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk. 

According to The Punch, the federal government’s notice of appeal dated October 18 was signed by the Director of 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 federal government also averred that the Court of Appeal erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.” 

“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,” it stated. 

The government also claimed that the appeal court was wrong by saying that how Kanu was brought back to the country could vitiate and 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 federal government 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. 

The FG also stated that Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.