The embattled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has dragged the Federal Government to the Supreme Court over his continued detention.
Kanu, in a three-ground of appeal he filed through his team of lawyers led by a frontline constitutional lawyer, Mike Ozekhome, SAN, is challenging the ruling of the Abuja Division of the Court of Appeal, which had on October 28, stopped the execution of its judgment that quashed the terrorism charge the FG preferred against him.
He maintained that the appellate court erred in law when it proceeded to hear and determine an application for a stay of execution of judgment in a criminal appeal, brought under Order 6, Rule I, 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.
According to the IPOB leader, both the Court of Appeal Rules 2021 and the Court of Appeal Act, 2004, did not make any provisions for a stay of execution of a Court of Appeal judgment in a criminal appeal delivered in a criminal appeal.
“Section 7 of the Court of Appeal Act, 2004, specifically provides for a stay of execution of the judgment of the Court of Appeal in civil appeals.
“By the Supreme Court decision in Olisa Metu Vs Federal Republic of Nigeria & Anor (2017) IINWLR (PT. 1575) PP 157, an application for stay of proceedings/execution judgment of the court, shall not be entertained or brought under the inherent jurisdiction of the court provided for in section 6(6)(b) of the 1999 Constitution (as amended).