The ruling followed an application moved by counsel for the Federal Government, Tijani Gadzali, SAN.
Gadzali equally sought an adjournment to respond to Kanu’s request to be transferred from the detention facility of the Department of State Services to the Kuje Correctional Centre.
The five-man panel led by Justice John Okoro of the Supreme Court okayed the Federal Government’s appeal and also granted leave to the Federal Government to include the additional nine grounds as part of its amended notice of appeal dated October 28 2022.
Counsel for Kanu, Mike Ozekhome informed the court about a couple of motions filed by his client, including one in which he prayed to be relocated to Kuje prison from the facility of the Department of State Services.
According to Ozekhome, Kanu was seriously ill and required proper medical attention, which, he believed, his client could access at the Kuje prison.
Ozekhome, SAN, and Ifeanyi Ejiofor also drew the attention of the apex court to an application seeking the release of their client on bail, pending the conclusion of the hearing of the appeal.
He, thereafter, applied for an accelerated hearing of all the pending applications as well as the substantive appeal
Consequently, the Supreme Court adjourned the case till May 11 for definite hearing.
The Court of Appeal in Abuja had, in a unanimous judgement delivered on October 13, 2022, ordered Kanu’s release from detention.
The three-man panel of the court quashed a 15-count terrorism charge against the detained IPOB leader, before the Federal High Court in Abuja adding that the Federal Government flagrantly violated all known laws, when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
Dissatisfied with the judgement, the Federal Government approached the appellate court to stay the execution of the judgement, pending the determination of its appeal at the Supreme Court.
The Appellate court granted the Federal Government’s application to stay the execution of its earlier judgement.
Kanu thereafter appealed to the Supreme Court to set aside the ruling of the Court of Appeal and to place a bar to any further detention and prosecution.
He asked the apex court to strike out FG’s appeal against his release.
Specifically, he applied for an order of the apex court, “striking out and/or dismissing the Respondent’s Appeal No: SC/CR/1361/2022, for want of diligent prosecution.”
