The leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, has filed an appeal before the Supreme Court challenging the stay of execution granted the federal government by the Court of Appeal.
The Court of Appeal in Abuja had, on October 28, upheld the government’s stay of execution application due to the appeal before the Supreme Court.
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But in the three grounds of appeal by his counsel, Mike Ozekhome (SAN), Kanu requested the apex court to set aside the entirety of the decision of the Court of Appeal.
He contended that the lower court “erred in law when it proceeded to hear and determine an application for stay of execution of judgment in a criminal appeal, brought under Order 6 Rule 1 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.”
He further contended that both the Court of Appeal Rules 2021 and Court of Appeal Act, 2004, did not make any provisions for stay of execution of a Court of Appeal judgment in a criminal appeal.
“Order 6 rule 1 of the Court of Appeal Rules, 2021, only provides for the forms of Application as spelt out in Form 3, and did not specifically provide for or recognize an application for stay of judgement of the Court of Appeal delivered in a criminal appeal,” he said.
The government had asked the appellate court to stay its order for the release of Kanu because he had earlier demonstrated to be a flight risk when he jumped bail granted to him in 2017.
It had said was in the interest of peace in the South-East and the country to hold Kanu pending the determination of the appeal before the Supreme Court.