The Supreme Court has scheduled a hearing for September 14 in the appeals by the Federal Government and the leader of the proscribed Indigenous People of Biafra, (IPOB), Nnamdi Kanu.
The Federal Government is appealing the Court of Appeal’s judgment ordering Kanu’s release and quashing the pending treasonable felony charge against him on the grounds that he was wrongly renditioned from Kenya.
Kanu is appealing the ruling by the Court of Appeal, saying the execution of the judgment appealed by the Fed Govt.
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On Thursday, the appeals could not be heard owing to the Fed Govt’s request to file its response to the objection raised by Kanu’s lawyer, Mike Ozekhome (SAN) in his brief of argument.
The lawyer to the Fed Govt, Tijani Gazali (SAN), said he required time to respond to the objection raised in Kanu’s brief of argument, served on him the previous day.
Replying, Ozekhome suggested that the appellant could respond orally to the objection contained in his brief of argument and allow the main appeal to be heard.
Ozekhome urged the court to grant a short adjournment if the appeal will not heard in view of Kanu’s worsening health conditions or alternatively hear his bail application.
He added: “If this is not possible, my Lords kindly hear the respondent’s application seeking to transfer Kanu from the custody of the Department of State Service (DSS) to the National Correctional Centre.”
Ozekhome said his position was informed by his understanding that Kanu could die in DSS custody.
Owing to Ozekhome’s submission, the Presiding Justice, Justice John Inyang Okoro said Kanu will not die. He then called for the court’s diary, and later announced that the only available short date is September 14, 2023.
The judge said: “It would amount to an exercise in futility if any of the application is taken because there is no time to write the ruling and deliver it in three months’ time particularly because the court will proceed on vacation soon.’’
He said the court is preoccupied with political cases which are time bound.
Earlier, the court granted four separate applications brought by the Fed Govt for an extension of time and to deem as properly filed and served on respondents the processes it filed out of time.
