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The three Appeal Court justices who discharged and acquitted the IPOB leader, Mazi Nnamdi Kanu, of all charges bordering on treasonable felony and terrorism, October 13, have been served with punitive transfers to different divisions of the country’s judicial establishments, four days after they delivered the judgment, a highly competent source has revealed.
The transfer on October 17, 2022, had the presiding judge, Justice Jummai Hanatu Sankey, who was in the Gombe Division of the court transferred to Awka Division, while Justice Oludotun Adefope-Okojie who delivered the lead judgment, was moved to Owerri and Justice Ebiowei Tobi transferred to Gombe Division.
The transfer of the justices is reportedly contained in a memo dated October 17, which was signed by the President of the Court of Appeal, Justice Monica Dongban-Mensem.
The memo stressed that the new posting for the justices was with immediate effect as they were expected to report to their new stations by October 21.
Meanwhile, the Court of Appeal in Abuja had reserved judgment in the application by the Federal Government seeking for stay of execution of the judgment that freed the leader of the Indigenous People of Biafra, Nnamdi Kanu.
The new set of three-member panel of justices led by Justice Haruna Tsammani reserved judgment on Monday after listening to arguments from counsel.
Justice Tsammani announced that a date for judgment would be communicated to all the parties.
Arguing on behalf of the Federal Government, Mr. David Kaswe told the court that the major ground of their application was on national security of the country.
He said the application for stay of execution was to allow for national security, pending the hearing and determination of their appeal at the Supreme Court.
“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,” he said.
Kaswe urged the appellate court to grant the Federal Government’s application and not release Kanu.
But Mike Ozekhome, SAN, lead counsel to Kanu, on his part, opposed the application for stay of execution on the grounds that it was a ploy to overrule the judgment of the appellate court.
He said: “My lords should not allow them because it will cause chaos and anarchy.
“The release of Kanu will bring peace to the South East, and so, there is no need to stay execution where there is no valid appeal.”
On the issue that Kanu had earlier jumped bail, Ozekhome argued that Kanu did not jump bail but, of necessity, escaped for his life when his house was invaded by the same Federal Government prosecuting him, fueling proverbial suspicion of how a party organiser would willingly chase away a tettered sacrificial lamb so it will not be readily available when needed.
Ozekhome also predicated his objection on the grounds that Kanu had a terminal illness and needed comprehensive medical attention outside of the custody of the Department of State Services (DSS).
The legal luminary prayed the court to dismiss the application for stay of execution, noting that he would not ask for cost.
Earlier, the court had refused to grant the request of the Federal Government for adjournment but rather stood it down for counsel to peruse the necessary documents and argue their case.
Kaswe had complained that he was served with a counter-affidavit by Ozekhome only on Friday.
The News Agency of Nigeria (NAN) reports that the Appeal Court had on October 13, voided the rendition of Nnamdi Kanu from Kenya to Nigeria and discharged and acquitted him.
The appellate court voided the rendition of Kanu on account of breach of local and international laws which Nigeria is a signatory.
The Federal Government, not satisfied with this judgment, said that it would explore every legal avenue to quash the judgment of the appellate court, stating through the Attorney General of the Federation, Abubakar Malami, that Kanu was only discharged and not acquitted.
Judicial pundits, however, observe that the punitive transfer of the three Appeal Court fearless justices who discharged and acquitted Nnamdi Kanu may just be one of the legal avenues being exploited to quash their judgement, especially coming on its heal of planned stay of execution suit./SHARE THIS
- Tags: Justice Jummai Hanatu Sankey, Justice Oludotun Adefope-Okojie, Justice Ebiowei Tobi, Abubakar Malami, Mike Ozekhome, Mazi Nnamdi Kanu, IPOB, PMB