We can’t free Nnamdi Kanu, it is a threat to national security – FG tells Appeal Court
The Court of Appeal sitting in Abuja on Monday reserved judgment in an application by the Federal Government seeking a stay of execution of its judgment that ordered the release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Haruna Tsunami, who presided over the hearing of the application, announced that a date for delivery of judgment would be communicated to the parties when ready.
The Federal Government, while arguing the application, told the Court of Appeal that the IPOB leader Nnamdi Kanu is a huge threat to national security and must be kept in detention to have relative peace.
Besides, the government asserted that Kanu is a flight risk and would escape from the country if the judgment which ordered his release did not stay.
In a motion for a stay of execution of the October 13 delivered in favour of Kanu, the Federal Government insisted that the Biafra nation agitator would throw the nation’s security into jeopardy and prejudice the public and private economic activities.
The Federal Government counsel, Mr David Kaswe, while arguing the motion informed the Appellate Court that Kanu had earlier demonstrated to be a flight risk when he jumped out of the country when granted bail in the terrorism charges against him at the Federal High Court in Abuja.
Mr Kaswe insisted that it is in the interest of justice and the need to have relative peace in the South East and the whole of Nigeria that Kanu is made to remain in detention pending the resolution of an appeal already filed at the Supreme Court.
“My Lords, our concerns, the concern of the Federal Government is the threat the release of Kanu poses to the security of this country and its political, social and economic activities. We will not be able to lay hands upon him if he is allowed out of detention and finds his way out of the country”.
“The application was brought in the interest of justice and to preserve the security in the South East and the country.
“We have demonstrated that the respondent (Kanu) is a flight risk. If the judgement does not stay until our appeal is heard and determined by the Supreme Court, it will be difficult for us to lay our hands on the respondent to bring him back to court to face the charge against him.
“The respondent has shown that he has the capacity to jump bail,” he said.
Kaswe added that should Kanu be released from custody, it could impact negatively the security situation in the South East.
He said should the judgment be executed now and Kanu released, it would negatively impact national security, particularly as it relates to the South East.
He, therefore, prayed the court to stay the execution of the judgment to enable Kanu to remain in custody pending when Supreme Court would finally determine the pending appeal.
However, lead counsel to Kanu, Chief Mike Ozekhome SAN dismissed the claim that Kanu jumped bail in his trial at the Federal High Court.
Ozekhome claimed that the Military unjustly invaded Kanu’s ancestral home and that it took God’s grace for his client to escape death.
The senior lawyer informed the court that the Federal Government was in contempt of court by not obeying the October 13 judgment and as such, has no moral and legal rights to make the request from the same court.
Contrary to the Federal Government claim, Ozekhome said that it is only the release of his client that will ensure peace and tranquillity not only in the South East but the entire country.
Ozekhome argued that the Fed Govt filed its application to overrule the judgement of the court.
He claimed that the Attorney General of the Federation (AGF) has boasted on many occasions that government would not obey the judgement.
Ozekhome argued that as against the government’s claim, Kanu’s release would bring peace and tranquility to the South East and the country.
He added that the application by the Fed Govt was to stay the execution of Kanu’s liberty and urged the court not to indulge the government.
Ozekhome contended that there was no valid appeal by the Fed Govt at the Supreme Court, noting that the court cannot stay execution when there is no valid appeal.
He prayed for the court to dismiss the application.
” My Lord, the action of the Federal Government in respect of Nnamdi Kanu is an insult, a slap in the face to this court. It is also an invitation to anarchy and I humbly urge this Court to dismiss the application for lacking in merit.” he argued.
Ozekhome earlier told the court that his client was ill and needed to undergo an operation and urged the court to insist that the government complies with its judgment.
At the conclusion of the lawyers’ submissions, Justice Haruna Tsanami, who presided over the three-member panel that heard the application, said the ruling is reserved till a date to be communicated to the parties.
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