Ozekhome Drags Federal Govt To Supreme Court docket, seeks Kanu’s freedom Ozekhome Lead counsel for the chief of the Indigenous Folks of Biafra,…
Ozekhome Drags Federal Govt To Supreme Court docket, seeks Kanu’s freedom
Lead counsel for the chief of the Indigenous Folks of Biafra, Nnamdi Kanu, Chief Mike Ozekhome, on Friday filed an attraction earlier than the Supreme Court docket, in search of the intervention of the apex courtroom to put aside the order staying the execution of Kanu’s launch.
Ozekhome argued that the Federal Authorities had did not act on the choice of the Court docket of Attraction which granted a keep of execution of the judgment of the identical courtroom delivered on October 13, 2022.
IPOB’s lead counsel, Ifeanyi Ejiofor, talking by means of a press release on Friday, acknowledged that the Federal Authorities, having secured “this unprecedented reprehensible order for keep, went again to sleep and ostensibly deserted its attraction”.
Ejiofor additionally famous that Kanu’s authorized crew had filed an attraction earlier than the Supreme Court docket “whereby we’re in search of the intervention of the apex courtroom to put aside the order staying the execution of Onyendu’s judgment”.
“We additionally cross-appealed to the Supreme Court docket to find out pertinent elementary points pertaining to the judgment of the Court docket of Attraction. Nevertheless, the Federal Authorities has but to file any processes in response thereto,” Ejiofor added.
A duplicate of the attraction obtained by Saturday PUNCH on Friday was labelled: CA/ABJ/CR/625/2022 and signed by Kanu’s authorized crew led by Ozekhome.
Kanu, in keeping with the go well with, is in search of “an order of this Honourable Court docket putting out and/or dismissing the Respondent’s Attraction No: SC/CR/1361/2022, for need of diligent prosecution.
“An order of this Honourable Court docket setting down the Applicant’s cross-appeal for listening to, and for such additional order(s) this Honourable Court docket could deem match to make within the circumstances of this case.”
The crew argued that by Part 6 (1) of the Supreme Court docket (Legal Appeals) Follow Path 2013, the respondent had solely 10 days inside which to file and serve the appellant’s temporary of argument, upon the service of document of attraction.
“Order 2 Rule 29 (1) & (2) and Order 6 Rule 9 of the Supreme Court docket Guidelines, (As Amended 2014) empowers the Applicant to make the moment software.
“Events had been served with the document of attraction on November 2, 2022. The ten days stipulated underneath the Quick Observe Guidelines of this Honourable Court docket for the respondent to file its Appellant’s Temporary have since elapsed.
“The Respondent just isn’t diligent in prosecuting its attraction. The aim of this Honourable Court docket’s Guidelines and Follow Instructions is to supply truthful, neutral and expeditious administration of legal appeals, particularly in relation to offences of terrorism, rape, kidnapping, corruption, cash laundering and human trafficking.
“On October 28, 2022, the decrease courtroom whereas counting on the Discover of Attraction filed by the Respondent, granted the Respondent’s software for keep of execution of the judgment of the decrease courtroom, and consequently stayed the execution of its judgment delivered on October 13, 2022, which discharged the Applicant and prohibited his additional detention (Pages 838-856)
“The Respondent which obtained an order of keep of execution of the judgment of the decrease courtroom, on the premise of this attraction, has not demonstrated any good religion in prosecuting the mentioned attraction
“Owing to the pendency of the moment attraction, the Applicant who was discharged by the decrease courtroom on October 13, 2022, continues to be within the custody of the Appellant/Respondent’s State Safety Service, the place he has been held in solitary confinement for the reason that June 29, 2021,” a part of the bottom of software learn.