JUST IN: Supreme Court Overrules Appeal Court, Orders Nnamdi Kanu to Stand Trial

In a decision on Friday, the Supreme Court ruled in favour of continuing the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), on terrorism charges. The trial, initiated in 2015 and previously halted by the Court of Appeal in Abuja in October 2022, saw a pivotal turn with the Supreme Court’s intervention.

A five-member panel, led by Justice Kudirat Kekere-Ekun, declared Mr. Kanu’s forcible repatriation from Kenya to Nigeria in June 2021 as illegal. However, in a surprising twist, Justice Tijjani Abubakar asserted in the lead judgment that there is no Nigerian law prohibiting the use of “illegally obtained evidence for the trial of a defendant.”

“The Court of Appeal was wrong to say that the Federal High Court can no longer try Mr. Kanu. The appeal is allowed and the cross-appeal is dismissed,” declared Justice Abubakar, presenting the unanimous decision.

This verdict effectively reverses the previous Court of Appeal decision that ordered Mr. Kanu’s release from detention, marking a significant shift in the legal proceedings.

The Supreme Court emphasized that Mr. Kanu’s repatriation did not strip the trial court of its jurisdiction, and the use of evidence obtained illegally remains admissible. Justice Abubakar highlighted that any violation of Mr. Kanu’s rights should be addressed through civil proceedings, and there is no legislation mandating the halting of a trial due to illegal actions by the prosecution.

Background:

Nnamdi Kanu, arrested in 2015 and later repatriated from Kenya to Nigeria in June 2021, has been a central figure in the quest for the secession of Biafra from Nigeria. The Court of Appeal, in October 2022, dismissed terrorism and treasonable felony charges against him, ordering his release. However, the Attorney-General of the Federation filed an appeal at the Supreme Court, leading to the recent decision.

Despite the appellate court’s directive for Mr. Kanu’s unconditional release, the AGF filed an application for a stay of execution, eventually leading to the Supreme Court’s intervention.

The legal saga surrounding Nnamdi Kanu, who has been in detention since June 2021, continues to be a focal point in the ongoing discourse about the calls for Biafran secession and the actions of the federal government.