A Federal High Court (FHC), Abuja, on Monday, halted the suit filed by the Federal Government against the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, adjourned proceedings indefinitely.
Justice Binta Nyako, in a short ruling, adjourned the matter sine die (indefinitely) to await the decision of the Supreme Court on the matter.
The judgement was in response to an oral application by Kanu’s counsel, Chief Mike Ozekhome, SAN, 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, lawyer to the Federal Government, M. B. Abubakar, notified the court that Kanu, the defendant, was not in courtroom, saying that a Department of State Services (DSS)’s lawyer, Idowu Awo, was in court to give explanation on what transpired.
Awo told the court that Kanu objected coming to court as at previous week, and he called to know why.
According to him, “But when I called the office, they said the defendant declined to come to court and all entreaties to make him come was unsuccessful.”
Ozekhome, however, argued that 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.
Ozekhome, therefore, remained Justice Nyako about the Appeal Court judgment on October 13 which quashed the remaining seven counts against his client.
He narrated: “On the 8 of April 2022, this court delivered a ruling on the preliminary objection will filed challenging the jurisdiction of this court on the 15 counts filed against the defendant and the court struck out 8 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 Oct, the Court of Appeal delivered its landmark judgment on the appeal and struck off all the remaining seven counts.”
Ozekhome handed over a certified true copy of the judgment to the court registrar, asserting that the court specifically ordered that Kanu “is prohibited from being detained or tried on the counts seven which were retain 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 staying the execution of the judgment on Oct. 28.
The lead counsel to Kanu said his team had appealed the ruling of the Court of Appeal on the stay of execution before the Supreme Court and cross-appealed the judgment of the appellant court. He, therefore, requested the judge to adjourn the matter indefinitely pending the hearing and the determination of the appeal.
Justice Nyako conceded and 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.
The judge further adjourned indefinitely an originating motion filed on October 21 by Ozekhome on Kanu’s behalf to demand for 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.