The Court of Appeal upheld the Federal Government’s application for stay of execution of the October 13 judgment which set Nnamdi Kanu free.
Justice Haruna Tsammani also ordered that the result of the ruling be forwarded to the Supreme Court within seven day for expeditious hearing.
This means Mr Kanu, the self-styled leader of the Indigenous Peoples of Biafra, is expected to remain in the custody of the Department of State Services pending when the Supreme Court hears the case.
The Court of Appeal on October 13 had discharged Kanu who is being prosecuted by the Federal Government at the Federal High Court in Abuja for charges bordering on treasonable felony and terrorism.
A three-man panel of the Court of Appeal said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court also held charges preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
To stop Kanu’s subsequent release, the Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanammi held that the counter affidavit filed against the Federal Government’s application by Kanu’s legal team was misleading.
