The Federal Government filed a request with the Court of Appeal in Abuja asking for a stay of the ruling that released Nnamdi Kanu, the leader of the illegal Indigenous People of Biafra.
On Monday, the three-judge panel presided over by Justice Haruna Tsammani withheld judgment after hearing the arguments of the attorneys.
Mr. David Kaswe, speaking on behalf of the Federal Government, informed the court that the main justification for their motion was the nation’s security.
According to him, the request for a stay of execution was made to ensure national security while the Supreme Court heard and decided on their appeal.
“If Kanu is released, he may not be available to face his charges in court because he had already jumped bail before.
“Releasing him will increase the state of insecurity in the South East.”
Kaswe requested the appellate court to reject Kanu’s release and approve the federal government’s request.
Kanu’s attorney, Mr. Mike Ozekhome (SAN), contested the plea for a stay of execution on the grounds that it was an attempt to overturn the appellate court’s decision.
“My lords should not allow them because it will cause chaos and anarchy.
“The release of Kanu will bring peace to the South East, so there is no need to stay execution where there is no valid appeal,” Ozekhome said.
Regarding the claim that Kanu had previously jumped bail, Ozekhome countered that Kanu did not do so but rather fled for his life when the federal authorities dodged taking possession of his home.
Additionally, Ozekhome based his opposition on Kanu’s terminal illness and the necessity for extensive medical care outside of the Department of State Services (DSS) custody.
The senior attorney requested that the court deny the request for a stay of execution and stated that he would not seek fees.
Prior to this, the court had turned down the Federal Government’s request for an adjournment in order to give counsel time to review the pertinent paperwork and make their case.
Kaswe had protested that Ozekhome had only served him with a reply affidavit on Friday.
On October 13, the Appeal Court overturned Kanu’s rendition from Kenya to Nigeria and ordered his release.
Due to a violation of national and international rules, the appellate court declared Kanu’s rendition illegal.
The federal government stated that it would pursue all legal options to overturn the appellate court’s decision because it was not satisfied with this ruling.
After contesting the decision of the appellate court, the government requested a stay of execution on the grounds that releasing Kanu would not be in the country’s best interests.
