Leader of the Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu, has secured confirmation of his acquittal from the terrorism charges pressed against him by the Federal Government of Nigeria.

According to reports quoting a member of the legal team, Chief Mike Ozekhome, SAN, second appellate, court turned down the request if the government for stay of execution on the orders of a sister Apeal court with ordered that Mazi Kanu be freed.

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Our sources could not clarify if the appellate court in this case is the Supreme Court,

He said the court sitting in Abuja upheld the earlier judgment acquitting the IPOB leader.

An Appeal Court had earlier acquitted Kanu of the charges of terrorism and treasonable felony, leading to calls for his immediate release.  The Appeal Court had voided the extraordinary rendition of Kanu from Kenya to Nigeria.

A three-man panel of justices held that such extraordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, treaties, protocols and guidelines that Nigeria is a signatory to, as well as a breach of Mazi Kanu’s fundamental human rights.

The appellate court further held that the government failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition processes.

On that ground, the appellate court held that the government 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.

The appellate court judges held that the Nigerian government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general.”

The three-man judge, therefore, held thus: “The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”.

It accused the government of engaging in “serious abuse of power.”

But the federal government had in a notice of appeal filed on seven grounds, prayed the Supreme Court to stay the execution of the appellate court judgment. The appeal for stay of execution was built on other cases currently not pending in the court.

The government, other things, contends that the appellate court panel erred in law and occasioned a miscarriage of justice, when it relied on the manner by which Kanu was renditioned from Kenya to Nigeria, after he jumped bail in 2017, to quash the charges against him.

It further insisted that the appeal court acted in error by striking out the charge against the IPOB leader on the premise that the trial judge no longer had the jurisdiction to handle the matter.

The government, through the office of the Attorney-General of the Federation and Minister of Justice, prayed the Supreme Court to, in the interim; suspend the execution of the Court of Appeal verdict, pending the hearing and determination of its appeal.