Nnamdi Kanu Challenges Stay of Execution Order at Supreme Court 

Alex Enumah in Abuja 

Detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has challenged the order of the Court of Appeal, staying the execution of its own judgment that discharged him from terrorism allegations.

While the appellate court had in a judgment delivered on October 13, 2022 ordered the unconditional release of Kanu, having quashed all the 15-count charge levelled against him by the federal government, the court made a u-turn on two weeks later on October 28, 2022, halting the execution of the release order.

The staying of the order was sequel to a formal application moved by the federal government despite Kanu’s opposition.

Dissatisfied, Kanu through his lawyer, Chief Mike Ozekhome SAN, on Thursday asked the apex court to set aside the stay order on grounds that the appellate court judges erred in law when they decided to halt the execution of its own order.

The appeal filed on November 3 was predicated on three grounds wherein he has asked the court to set aside, “in it’s entirety, the decision of the Court of Appeal, made on October 28, 2022, staying the execution of the judgment delivered on October 13, 2022”.

In addition, Kanu wants an order of the Supreme Court restoring the efficacy of the judgment of the court below which has not in any way been set aside by a higher court. 

According to court documents sighted by our Correspondent on Thursday, Ozekhome stated that the appellant is in custody of the respondent and wished to be present at the hearing of the appeal. 

In ground one of his notice of appeal, Kanu posited that the court below erred in law when it proceeded to hear and determine an application for stay of execution of judgment in a criminal appeal, brought under Order 6 Rule 1 of the Court of Appeal Rules, 2021, and Section 17 of the Court of Appeal Act of 2004, and thereby occasioned a miscarriage of justice.

In grounds two, the appellant submitted that the court below erred in law when it failed to properly assess or evaluate or appraise the evidence led by, and on behalf of the appellant, by Ifeanyi Ejiofor.

“The court below failed to properly evaluate and ascribe proper evidential or probative value to the appellant’s Counter Affidavit filed on October 21, 2022, Kanu stated. 

The appellant further contended that the fact that a notice of appeal has substantial and arguable grounds of appeal, is not a special circumstance to warrant the grant of a stay of execution. 

Kanu’s lawyer argued that “it is not every case where grounds of appeal raise point or points of law, that stay of execution will be granted.

“That by staying execution of a judgment that was essentially declaratory, the lower court which ought to defend the integrity of the judicial process literally overruled itself and vacated its own judgment even before the apex court has heard it” Ozekhome submitted.

A three-man panel led by Justice Jummai Sankey had in a unanimous udgment, faulted the rendition of Kanu from Kenya to Nigeria and consequently dismissed the terrorism charges against him.

Disappointed, the FG filed an application for stay of execution of the judgment, which another three-man panel led by Justice Haruna Tsamani granted.