It was reported that the federal government prayed the court to set aside an earlier judgment by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release on the grounds that he was unlawfully brought back to the country after he jumped bail.
Kanu wants the Supreme Court to allow the judgment of the Court of Appeal and uphold his discharge and acquittal.
Counsel to the federal government, Tijani Gazali (SAN) has urged the apex court “to allow the appeal, set aside the judgment of the court below, and affirm the judgment of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”
Gazali further urged the court to dismiss the cross-appeal filed by Kanu.
In his submission, Mr Mike Ozekhome, Kani’s counsel, urged the court to dismiss the appeal filed by the federal government with punitive costs and uphold the cross-appeal in order to do substantial justice to this matter.”
He urged the court to allow the cross-appeal filed by his client.
Ozekhome told the court that his client has been in custody since June 29, 2021
The apex court also declined to order the release Kanu, from detention.
The judgment that was written by Justice Garba Lawal voided and set aside the judgment of the Court of Appeal which in October last year ordered the release of Kanu and also quashed the terrorism charges against him.
It held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with trial.
He that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya adding that at moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.