Court adjourns proceedings in FG’s suit against Nnamdi Kanu indefinitely

A Federal High Court (FHC), Abuja, on Monday, adjourned the suit filed by the Federal Government against the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, indefinitely.

Justice Binta Nyako, in a short ruling, adjourned the matter sine die to await the decision of the Supreme Court on the matter.

The development followed an oral application by Kanu’s counsel, Chief Mike Ozekhome, who prayed the court to adjourn the matter indefinitely pending the hearing and determination of the appeal filed by the Federal Government at the Supreme Court.

When the matter was called, counsel to the Federal Government, M. B. Abubakar, informed that Kanu, the defendant, was not in court.

He said a Department of State Services (DSS)’s lawyer, Mr Idowu Awo, was in court to give an explanation of what transpired.

Addressing the court, Awo said though the IPOB leader did not object to coming to court as at the previous week, he however made a call to his office to know why Kanu was not in the court on Monday.

“But when I called the office, they said the defendant declined to come to court and all entreaties to make him come were unsuccessful,” he said.

Ozekhome, who expressed surprise at the development, said Kanu had always told him about his eagerness to appear in court following the appeal by the prosecution against the judgment of the Court of Appeal which dismissed the remaining seven counts preferred against him.

The senior lawyer, therefore, informed Justice Nyako about the Appeal Court judgment on October 13 which quashed the remaining seven counts against his client.

“On the 8 of April 2022, this court delivered a ruling on the preliminary objection filed challenging the jurisdiction of this court on the 15 counts filed against the defendant and the court struck out eight counts from the charge.

“We filed an appeal number: CA/ABJ/CR/626/2022 and on June 28 when this court sat, upon our application, my lord agreed to adjourn pending the determination of the appeal till today.

“We are happy to report that on 13 October the Court of Appeal delivered its landmark judgment on the appeal and struck off all the remaining seven counts,” he said.

Ozekhome, who handed over a certified true copy of the judgment to the court registrar, said the court specifically ordered that Kanu “is prohibited from being detained or tried on the counts seven which were retained by the FHC.

He said the prosecution had filed an appeal before the Supreme Court in appeal number: SC/CR/1394/2022, after the Court of Appeal also granted its application to stay the execution of the judgment on October 28.

He said his team had also appealed against the ruling of the Court of Appeal on the stay of execution before the Supreme Court and cross-appealed against the judgment of the appellate court.

He prayed the judge to adjourn the matter indefinitely pending the hearing and the determination of the appeal.
Justice Nyako consequently adjourned the matter sine die (indefinitely).

The judge also adjourned indefinitely the fresh seven-count charge filed by the Federal Government against the IPOB leader.

Besides, the court also adjourned indefinitely an originating motion filed on October 21 by Ozekhome on Kanu’s behalf to demand N100 billion damages against the Federal Government over alleged non-compliance with the order of the Appeal Court discharging Kanu, pending the hearing and determination of the appeal before the apex court.

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