The Court of Appeal in Abuja, on Thursday, quashed the terrorism charge the Federal Government preferred against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
It discharged and acquitted him of the seven-count charge pending against him before the Federal High Court in Abuja.
It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols, and guidelines that Nigeria is a signatory to, as well as a breach of the Appellant’s fundamental human rights.
It held that FG was “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded”, the court held, adding that the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.
It held that any extradition request must be in writing, with a statement indicating offenses for which a person is wanted.
The appellate court held that FG’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”, the Appellate court held, even as it accused FG of engaging in “serious abuse of power”.
Nevertheless, the appellate court said it would be prejudicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
It held that the proscription order by the lower court would subsist until it is set-aside.