After listening to arguments presented for and against the federal government’s application, seeking for stay of execution on the court Judgement which discharged the leader of the indigenous people of Biafra (IPOB), Nnamdi Kanu.
The Abuja court of Appeal, Monday, said that it will reserve its judgment on the matter to a later date which will be communicated to the parties in the suit.
The federal government, through its lawyer, an Assistant State Counsel in the office of the Attorney-General of the Federation, Mr David Kaswe, in the affidavit it filed to support its application to stay the execution of the judgement, gave reasons why it has not obeyed the Judgement of the Court that ordered it to free Nnamdi Kanu.
In the affidavit, Kaswe described Kanu as a flight risk person, maintaining that the case against him borders on national security and it is important to appreciate the gamut of depositions in their application.
He also said that there is an intelligence report that Nnamdi Kanu’s release from detention would worsen the security situation in the South East region.
Using the case between the Federal Republic of Nigeria Vs Asari Dokubo, as a case study, Kaswe said the FG had argued that once a case touched on national security, the right of the individual affected takes secondary place.
He also said, “We rely on the case of FRN Vs Dokubo, where the Supreme Court held that where national security is threatened or likelihood of it being threatened, human rights take secondary place”.
He then said, “Once there is a threat to national security, the human rights of any individual can be suspended until such threat is taken care of”.
Adding that once the security of the nation is in jeopardy, individual rights may not even exist.
Chief Mike Ozekhome, SAN, counsel to the IPOB leader, however, faulted the FG’s stance, while he urged the appeal court to dismiss FG’s application.
He argued that Kanu’s release will actually bring peace and tranquillity to the South East in particular and the nation in general
He pointed out that this is obvious looking at the reactions that followed, after the judgement of the Appellate court that ordered the release of the IPOB leader.
He said, Immediately the judgement was delivered, there was so much joy, jubilation, merriment and happiness in the entire South East.
He argued that Dokubo’s case was different from that of Kanu.
According to him, while Dokubo applied to be granted bail, pending the determination of the charge against him, in Kanu’s case, the appellate court has already terminated his trial and ordered his release.
