Mr Kanu noted that the appeal court erred in law when it proceeded to hear and determine an application for stay of execution of judgement.
The leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu, on Thursday prayed the Supreme Court to set aside the ruling of the Court of Appeal staying the execution of the judgement discharging him.
The prayer is contained in court papers dated November 3.
Mr Kanu noted that the appeal court erred in law when it proceeded to hear and determine an application for stay of execution of judgement in a criminal appeal, brought under Order 6 Rule 1 of the Court of Appeal Rules, 2021, and Section 17 of the Court of Appeal Act of 2004, and thereby occasioned a miscarriage of justice.
Both the Court of Appeal Rules 2021 and Court of Appeal Act, 2004, did not make any provisions for stay of execution of a Court of Appeal judgement in a criminal appeal.
Mr Kanu said that the court erred in law when it failed to properly assess or evaluate or appraise the evidence led by and on behalf of the appellant and consequently arrived at a wrong conclusion.
He sought for an order restoring the efficacy of the judgement of the court below which has not in any way been set aside by a higher court, and for such further order or orders as the court may deem fit to make in the circumstances of the appeal.
No date has been fixed for hearing in Kanu’s appeal.
The appellate court had on October 13, freed Mr Kanu of the terrorism and treasonable felony charges preferred against him by the federal government.
The three-member panel had in the judgement set aside the judgement of the Federal High Court, Abuja, which quashed eight out of the 15 counts of the charge preferred against Mr Kanu.
In the unanimous judgment delivered by Justice Oludotun Adefope-Okojie, the Appeal Court declared as illegal and unlawful, the abduction of Mr Kanu from Kenya to Nigeria and quashed the entire seven charges retained by the trial court against him on the ground that the federal government breached all local and international laws in the forceful extradition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.
The federal government applied for a stay of execution order, urging the court not to release Mr Kanu as he was seen as a flight risk and security threat to the country.
The court granted the federal government’s application for stay of judgment discharging Kanu, of terrorism charge
(NAN)
