Supreme Court Overturns Appeal Court Decision, Orders Nnamdi Kanu to Face Trial
On Friday, December 15, the apex court upheld the federal government’s appeal, which challenged the decision to release Kanu. The Supreme Court directed Kanu to return to the Federal High Court in Abuja to face charges of terrorism, totaling seven counts.
While the Supreme Court acknowledged that the federal government acted “irresponsibly” by forcibly bringing Kanu back to Nigeria from Kenya in violation of established laws, it concluded that this was not sufficient to strip the trial court of its jurisdiction to proceed with the case. The court noted that there is no legislation in the country that deprives the trial court of its authority to continue with Kanu’s case, despite the government’s illegal actions.
In a unanimous decision by a panel of five justices, the Supreme Court stated that Kanu’s recourse was to initiate a civil action against the government. However, the court criticized the federal government for its actions, emphasizing the importance of being mindful of its image both domestically and internationally. The court also criticized the trial court for revoking Kanu’s bail after he fled to save his life following the invasion of his home by security agents.
Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), was initially arrested by security agents in Lagos on October 14, 2015, and has been in detention since June 29, 2021.