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Supreme Court Reverses Terrorism Charges Dismissal for Nnamdi Kanu
In a significant development, the Supreme Court has overturned a lower court’s judgment that dismissed terrorism charges against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
The apex court determined that the trial court had the jurisdiction to proceed with Kanu’s case, despite the violation of his rights during the invasion of his residence.
Justice Garba Mohammed, who prepared the judgment, criticized the invasion of Kanu’s residence, deeming it irresponsible. He emphasized that despite the violation of a suspect’s rights, the trial court has the authority to continue proceedings, and the remedy for such violations should be pursued through civil proceedings.
“If the police should destroy the house of a suspect to obtain exhibits, should that diverse the court against entertaining the offence?” Justice Mohammed questioned, stating that the court of appeal was incorrect in its earlier decision.
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The Supreme Court’s verdict declared, “The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed.”
Nnamdi Kanu, initially arrested in 2015 under the administration of former Nigerian President Muhammadu Buhari, faced charges related to a treasonable felony, conspiracy, illegal importation of radio equipment, and defamation of former President Buhari. Despite being granted bail in 2017, Kanu fled the country after a military invasion of his home in Afara-Ukwu, Abia State, in September 2017.
Re-arrested in Kenya and brought back to Nigeria in June 2021, Kanu faced a fresh 14-count charge, reduced to seven, including charges of terrorism and membership in a proscribed group. The Court of Appeal in October 2022 dismissed the terrorism charges, citing violations of the country’s extradition treaty and Kanu’s fundamental human rights.
The federal government appealed this decision, obtaining a stay of execution order at the Supreme Court. Kanu, in turn, filed an appeal against the stay of execution, leading to the recent reversal of the charges’ dismissal by the Supreme Court. The ruling adds another layer to the legal saga surrounding Nnamdi Kanu and raises questions about the rule of law and human rights in Nigeria.
