FG transfers 3 Appeal Court Justices over Nnamdi Kanu discharged

The three Justices that served on the Court of Appeal panel and overturned the Federal Government's 15-count terrorism indictment against the imprisoned leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, have been reassigned from their respective divisions.

An investigation revealed that the three appellate court justices were replaced four days after they issued the decision expelling the troubled IPOB leader.

While Justice Oludotun Adetope-Okojie, who delivered the lead judgment, was transferred to Owerri, and Justice Ebiowei Tobi, who was the third member of the panel, was transferred to Gombe, the presiding Justice, Jummai Hanatu Sankey, who had previously been in the Gombe Division of the court, has been moved to the Awka Division.

The new posting for the judges was stated to be effective immediately in a memo dated October 17 and signed by Justice Monica Dongban-Mensem, President of the Court of Appeal. The memo further stated that the justices were required to report to their new stations by October 21.

In the meantime, the Supreme Court will hear the appeal the FG filed to set aside the ruling that released Kanu today (Monday). FG requests a stay of execution of the decision rendered by the appellate court on October 13 in its notice of appeal, which is based on seven grounds.

It is claiming, among other things, that the appellate court panel committed a legal error and caused a miscarriage of justice when it relied on Kanu's rendition from Kenya to Nigeria after he violated the terms of the bail that the trial court granted him in 2017 and jumped it to throw out the entire charge against him.

It argued that the appeal court erred when it dismissed the IPOB leader's charges under the presumption that the trial judge no longer had jurisdiction over the case.

Therefore, FG is asking the supreme court to temporarily halt the implementation of the Court of Appeal judgement while hearing and ruling on its appeal, through the office of the Attorney-General of the Federation and Minister of Justice.

Recall that the appellate court accused the FG of flagrantly breaking all known laws when it forcibly returned Kanu from Kenya to the country for the continuation of his trial. This accusation was made in a unanimous decision by the three-judge panel of the appellate court.

It concluded that the appellant's fundamental human rights had been violated and that such an extraordinary rendition, carried out without following due legal procedure, was a flagrant violation of all international conventions, treaties, protocols, and guidelines to which Nigeria is a party.

Furthermore, the appellate court pointed out that FG has not challenged the claim that the IPOB leader was in Kenya when he was kidnapped and returned to Nigeria without going through the extradition process.

It was decided that FG was "ominously silent on the question," which was crucial in establishing whether or not the trial court would still have the authority to pursue the criminal case that was before it.

The appellate court determined that the FG's actions constituted "an abuse of criminal prosecution in general" and tarnished the entire process it started against Kanu.

The appellate court declared, even as it accused FG of indulging in "severe abuse of authority," that "the court will never shrink from calling the Executive to order when it tilts towards Executive irresponsibility."