On Friday, the Supreme Court upheld the treasonable charge against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), dismissing the federal government’s plea to set aside the Court of Appeal’s earlier judgment. The Court of Appeal had previously quashed the treasonable felony charge against Kanu, citing his unlawful return to the country after jumping bail as grounds for his release.

Kanu, seeking the Supreme Court’s support to uphold the Court of Appeal’s judgment and secure his discharge and acquittal, faced the federal government’s counsel, Tijani Gazali (SAN), who urged the apex court to overturn the lower court’s decision. Gazali requested the court to affirm the trial court’s judgment, reinstating that Kanu should stand trial for the charges the Court of Appeal had dismissed.

Furthermore, Gazali urged the court to dismiss Kanu’s cross-appeal. In response, Mike Ozekhome, Kanu’s counsel, urged the court to reject the government’s appeal with punitive costs and to favorably consider the cross-appeal to ensure justice in the matter.

The Supreme Court also declined to order Kanu’s release from detention. Justice Garba Lawal, who authored the judgment, nullified the Court of Appeal’s decision from October of the previous year that ordered Kanu’s release and dismissed terrorism charges against him. The court acknowledged the Nigerian Government’s reckless and unlawful actions in rendering Kanu from Kenya but asserted that such acts did not deprive any court of the authority to proceed with the trial.

Justice Lawal emphasized that no Nigerian law was referenced in the suit seeking Kanu’s release based on the alleged unlawful abduction from Kenya. The judgment emphasized that Kanu could address such actions through a civil matter, without impinging on the court’s authority to continue with his trial on the remaining 7 count terrorism charges.