DAILY COURIER – The Court of Appeal sitting in Abuja has faulted the Attorney-General of the Federation’s legal representative, for asking the court to adjourn its application for a stay of execution against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
DAILY COURIER recalls that the Court of Appeal, had on October 13, discharged Kanu of the terrorism charges filed against him by the Federal Government, citing ‘lawlessness’ of the executive arm of government.
But the AGF’s counsel, D. Kaswe, on October 19, filed a stay of execution against the appellate court’s judgement.
When the matter came up for hearing on Monday, Kaswe said his application should be adjourned to respond to a counter application filed by Kanu’s lawyer, Mike Ozekhome.
“However, the respondent served us with a counter suit to our application on Friday, and we are further served with authority from the respondent.
“In view of this service on us, the application may not be ripe for hearing as we will be needing time to respond”, he said.
But Ozekhome, in a counter objection, said the citation of legal authorities does not require a lawyer who knows the books to ask for an adjournment.
“My lord, I am surprised at the AGF, at 5:03 pm on Wednesday, (19 October), they served us, and on Friday, we served them. We have not filed any new applications, this case is ripe for hearing”, Ozekhome countered.
He argued that Kanu is terminally ill, but that the AGF wants to allegedly stop the liberty of his client through a long adjournment
“They don’t want to release him. They want to benefit from their wrongs”, Ozekhome argued.
On his part, Justice Haruna S, who led a three-man panel of the appellate court, held that the AGF lawyer should not be talking about long adjournment when the issue also touches on the fundamental right of Kanu.
The panel said as a lawyer, legal practitioners should think and reason out their case before appearing in court.
“It is not something that will require a very long adjournment”, the judge said, shifting the case to 12 pm today.
But then, Kaswe said he needed ample time to return to the office, read the authorities and file a respond, but the Judge countered him, saying, “That’s the decision of the court if you want to file, fine.”