Supreme Court grants approval for the terrorism trial of Nnamdi Kanu.
In a significant legal development, the Supreme Court has invalidated a prior decision by the lower court that dismissed terrorism charges against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
The apex court declared that the court of appeal erred in its judgment and emphasized that the trial court had the jurisdiction to try Kanu, despite alleged rights violations by the prosecution.
Justice Garba Mohammed, who authored the judgment, strongly condemned the invasion of Kanu’s residence, deeming it irresponsible.
He asserted that while the violation of a suspect’s rights is regrettable, it does not warrant halting legal proceedings, emphasizing that the appropriate recourse for such violations is through civil proceedings.
Mohammed expressed concern about the invasion of Kanu’s house, posing the question of whether the court should be deterred from pursuing the case if law enforcement agencies destroy a suspect’s property to obtain evidence.
He maintained that the rule of law must prevail, emphasizing that no legislation in the country deprived the trial court of jurisdiction in Kanu’s case, despite the government’s alleged illegal actions.
The Supreme Court, distancing itself from the Court of Appeal’s stance, allowed the appeal and dismissed the cross-appeal. The decision reinforces the principle that legal proceedings should proceed irrespective of alleged rights violations.
Nnamdi Kanu, initially arrested in 2015 during the administration of former Nigerian President Muhammadu Buhari, faced multiple charges, including treasonable felony, conspiracy, illegal importation of radio equipment, and defamation of the former president.
The charges were later replaced with a fresh 14-count charge, which was subsequently reduced to seven.
The Court of Appeal, in October 2022, had ruled in favor of Kanu, citing violations of the country’s extradition treaty and breaches of fundamental human rights in his rendition to Nigeria.
The terrorism charges were struck out, and his release from the Department of State Services (DSS) facility was ordered.
However, the federal government, dissatisfied with the appellate court’s decision, appealed to the Supreme Court and secured an order staying the execution of the judgment.
Kanu, in response, filed an appeal against the stay of execution order, marking a legal tug-of-war that has now found resolution at the highest court in the land.