On Friday, the Court of Appeal, Abuja Judicial Division, held that the counter-affidavit filed on behalf of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB) by his lead lawyer, Mike Ozekhome (SAN), is misleading.
As a result, the IPOB leader will remain in the Department of State Services (DSS) custody in Abuja.
The three-man panel led by Justice Haruna Tsunami has now ordered that the outcome of the appeal be forwarded to the Supreme Court within seven days for an expeditious hearing.
Recall that the federal government had filed the stay of execution of the judgment pending the determination of the substantive appeal at the Supreme Court.
Reacting to the court’s ruling, Barrister Ifeanyi Ejiofor, a lawyer to Kanu, said the separatist leader’s legal team will challenge it.
“Be informed that we will challenge today’s Ruling of the Court of Appeal staying the execution of its judgment after conferring with the Lead Counsel – Chief Mike Ozekhome, SAN,” Ejiofor said in a statement.
“Without any prejudice to the integrity of the Learned Justices that delivered this Ruling, the fact that Hearing Notice on such a crucial/sensitive Ruling was served on us barely 45 minutes before the time slated for the Ruling, is pregnant with meaning.
“Since the appeal is now to be heard expeditiously, be assured that we will move with speed as always, in adopting the most appropriate legal strategy to ensure immediate review of the decision by the Supreme Court, and the release of Onyendu Mazi Nnamdi Kanu.
“I urge you all to remain calm and be rest assured that the Ruling of the Court of Appeal today, did not interfere in any way with the status of its judgment discharging Onyendu.
“The judgment of the Court of Appeal discharging Onyendu and striking out the seven-count charge still subsists, it has not been set aside.”