Chief Mike Ozekhome, the lead counsel to the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, informed the Appeal court Abuja Division on Monday, that his client is terminally ill and needs to undergo an operation urgently
Ozekhome had said this while objecting to a request by the counsel representing the Federal Government, the Assistant State Counsel in the office of the Attorney-General of the Federation, Mr. David Kaswe, who had requested that the Appellate Court adjourn the hearing of FG’s application, which is seeking a stay of execution of the judgment of the court which discharged Kanu from the seven-count charge of treasonable felony preferred against him.
Explaining that his application may not be ripe for hearing as he needs time to respond to the processes served on him.
Kaswe, further told the court that he should be granted more time to respond to the counter affidavit served on him Friday, October 21 as well as the list of additional authorities served on him earlier this morning by the respondent.
Kanu’s lead counsel in response told the court that the case is ripe for hearing stating that although the FG served his team with its application for stay of execution around 5:03 pm on Wednesday, October 19, his team filed its response last Friday and served same on the Applicant.
He also said the FG had brought them back to court in defiance to the judgement of the court that discharged the IPOB leader.
He informed the court that while the FG has not obeyed the order of the court which freed the IPOB leader, they want to benefit from their wrong.
He said “I strongly object to the application for adjournment. They should release the Respondent if they want an adjournment.
“They are still keeping him and are asking for a stay of execution”, Kanu’s Lawyer argued.
The three-member panel of Justices of the appellate court refused to adjourn the matter. They rather stood the case down for the FG to file its response.
The panel said the case, being a criminal matter that involves the liberty of a citizen, requires speedy determination.
Recall that the FG had since gone to the Supreme Court to challenge the judgement that quashed the 15-count terrorism charge it preferred against the IPOB leader, however, in line with the Rules, it approached the Court of Appeal on Monday to seek for a stay of execution of the verdict it delivered on October 21.
