Recall that the Court of Appeal sitting in the Abuja Judicial Division, had on the 13th day of October, 2022, delivered a landmark Judgment in an appeal filed on behalf of Onyendu Mazi Nnamdi Kanu, challenging the jurisdiction of the Federal High Court to entertain the charge against him.
The Learned Justices of the Court of Appeal in this erudite Judgment delivered in Appeal No: CA/ABJ/CR/625/2022; BETWEEN: MAZI NNAMDI KANU VS FEDERAL REPUBLIC OF NIGERIA, UNANIMOUSLY allowed the appeal and consequently struck out the seven count charge retained by the trial court.
The court equally proceeded to discharge Onyendu Mazi Nnamdi Kanu, and consequently prohibited the Federal Government from further detaining him or even trying him on any offence before any court in Nigeria.
Rather than obey these positive orders of court, the Federal Government of Nigeria approached the same Court of Appeal with an application to stay the execution of its judgment, all in a bid to continue the unlawful detention Onyendu Mazi Nnamdi Kanu.
On the 28th day of October, 2022, the Court of Appeal sitting in Abuja, proceeded to grant the order for stay of execution and consequently stayed the execution of the judgment of the same court delivered on the 13th day of October, 2022.
Having secured this unprecedented reprehensible order for stay, the Federal Government went back to sleep and ostensively abandoned its appeal.
We filed an appeal before the Supreme Court wherein we are seeking the intervention of the apex court to set aside the order staying the execution of Onyendu’s judgment. We also cross appealed to the Supreme Court to determine pertinent fundamental issues pertaining to the judgment of the Court of Appeal. However, the Federal Government is yet to file any processes in response thereto.
On the strength of the foregoing, our formidable legal team, eminently led by the legal Iroko of our time- Chief Mike Ozekhome, SAN, has filed an application to dismiss the Federal Government’s appeal.
This application which was filed before the Supreme Court of Nigeria today, was necessitated by the fact that the statutory period allowed them under the Fast Track Rules of the Supreme Court had since elapsed, and there is no room for further indulgence.
The only option available to the Federal Government, is to immediately desist from further treating orders of court with grave contempt and disdain, they should do the needful by immediately freeing Onyendu Mazi Nnamdi Kanu as ordered by the penultimate court.
The hour is now; and enough is enough!
Sir Ifeanyi Ejiofor, Esq. (KSC).
IPOB’S Lead Counsel
25th day of November, 2022.