Nnamdi Kanu: Nigeria Lower court to sit on a case dismissed by higher court

 Nnamdi Kanu: Nigeria Lower court to sit on a case dismissed by higher court  Nnamdi Kanu The Federal Government and the leader of the Indig...

 Nnamdi Kanu: Nigeria Lower court to sit on a case dismissed by higher court 

Nnamdi Kanu

The Federal Government and the leader of the Indigenous People of Biafra, Nnamdi Kanu, are set to return to the Federal High Court sitting in Abuja on Monday for report on the decisions of higher courts as well as other matters.

The IPOB leader’s lawyer, Ifeanyi Ejiofor, also reacted to reports of amended charge filed against the IPOB leader by the FG.

He berated the FG on the charge via a Facebook post stating that despite the entirety of the terrorism-related case being now before the Supreme Court, FG’s action before the lower court amounts to effort in futility.

Recall that the Court of Appeal had quashed all charges against Kanu.

But the same appellate court later stayed execution of the judgement in a verdict reached by a different panel of judges.

Both the FG and Kanu’s lawyers have filed applications at the Supreme Court awaiting Judicial interpretation.

Ejiofor maintained that the Court of Appeal verdict that discharged Kanu has not being set aside by any court, as such there was no cause for alarm.

His statement read in full

DISPELLING THE FEARS ON THE REPORTED NEW SEVEN- COUNT AMENDED CHARGE FILED AGAINST OUR INDEFATIGABLE CLIENT-ONYENDU MAZI NNAMDI KANU – BEFORE JUSTICE B.F.M. NYAKO OF FEDERAL HIGH COURT, ABUJA

The attention of the Onyendu Mazi Nnamdi Kanu’s formidable legal team ably led by the legal Iroko of our time - Chief Mike Ozekhome, SAN – has been drawn  to the much publicized (but rumored) new 7 count amended charge allegedly filed against our Indefatigable Client- Onyendu Mazi Nnamdi Kanu - by the Federal Government. From all indications, the new alleged charge has the same Charge No. FHC/ABJ/CR/383/2015, as the one already pronounced upon and struck out by the Court of Appeal, Abuja Division. The said intermediate court completely discharged Onyendu Mazi Nnamdi Kanu; and further prohibited his being tried or prosecuted in any court of law in Nigeria.

The said judgment of the Court of Appeal is extant and still subsists till date; and has not been set aside by any superior court. Onyendu Mazi  Nnamdi Kanu’s formidable team ably by the oracle of the Law – Chief Ozekhome SAN – has already promptly appealed to the Supreme Court against the Court of Appeal’s ruling staying execution of its own judgment which had set Kanu free. The Appeal in respect thereto has been duly entered in Appeal No. SC/CR/1394/2022, at the Supreme Court, and is now awaiting a date for hearing.

It is also worthy to note that this judgment of the Court of Appeal still stands till date as same has not been set aside by the Supreme Court. It is imperative to state therefore that on the strength of this judgment, no CHARGE of whatever nature, and under any guise, can ever be presented or stand against Onyendu Mazi Nnamdi Kanu before any court of law in Nigeria.

Our inquiry this evening upon reading about the phantom charge in the social media, revealed to us that the rumored charge was surreptitiously but clandestinely filed by the Federal Government hours after the judgment of the Court of Appeal was delivered on the 13th Day of October, 2022. This was even before it had received a certified true copy of the said judgment of the Court of Appeal. 

The filing of the said charge was clearly ill-informed and ill-advised, because the Prosecutor (Federal Government), we presume and may want to believe, was not at that point in time aware of the details, full import and implication, of the well delivered judgment of the Court of Appeal, at the time of filing the said charge. We also want to believe that this is what has led to the Federal Government’s abandonment of the charge after it was hurriedly filed. 

It is pertinent to note also that the Federal Government did not take any step to either serve the charge on our Client - Onyendu Mazi Nnamdi Kanu – or on our erudite lead Counsel – Chief Mike Ozekhome, SAN – after it was filed; even till this moment.

This is to doubly assure UMUCHINEKE that our legal team eminently led by the legal icon of our time – Chief Mike Ozekhome, SAN – will be in court on Monday, the 14th of November, 2022, to tackle any underhand tactics or results the Federal Government may have planned to achieve by sleight of hand, with a charge which has been pronounced dead like “dodo”; and permanently buried.

UMUCHINEKE should never lose sleep over this new phantom charge by the grace of God, we are equal to the task in tackling any antics from the prosecutor. 

Victory shall be ours, by God’s grace; and we move!

Signed:

Sir Ifeanyi Ejiofor, Esq.

IPOB’S Lead Counsel 

11th Day of November, 2022.