Kanu: Motion For Stay Of Execution Comes Up Monday – Ejiofor

Mazi Nnamdi Kanu (left), and his lawyer Chief Mike Ozekhom, SAN

By Tony Adibe

Counsel to the detained leader of the Pro-Biafra group, Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, Barr. Ifeanyi Ejiofor, has said that hearing on the “Notice of Appeal and Motion for the Stay of Execution” for his release will come up on Monday.

Ejiofor, who disclosed this in a release made available to newsmen on Thursday, said they visited Kanu in his DSS custody to brief him on efforts being made to effect his release. He said that in as much as the Federal Government had the right to appeal the Court of Appeal judgment, but that they must first release him before taking further court action.

Ejiofor said: “We visited Onyendu today, the 20th day of October 2022, at the headquarters of the Department of State Services (DSS), Abuja.

“Today’s briefing centred on the late night “Notice of Appeal and Motion for Stay of Execution” of the Judgment of the Court of Appeal, which was served on the office of our Lead Counsel- Chief Mike Ozekhom, SAN, yesterday, being the 19th day of October 2022, at 5:03pm.

“Our strategies towards a successful upsetting of the efficacy of these processes as it affects Onyendu’s unconditional release were discussed with him, which strategies were all acceptable to him, particularly now that the “Motion for Stay of Execution” was fixed for hearing on Monday, being the 24th day of October 2022.

“Though the FGN’s right of appeal is a Constitutional Right, it is our firm contention that the FGN must first and foremost, obey the Order of the Court of Appeal directing for the immediate and unconditional release of Onyendu.

“The FGN has been in contempt of the positive Orders of Court made since the 13th day of October 2022, by the Court of Appeal, which Orders clearly discharged Onyendu, and prohibited the FGN from further detaining him and/or subjecting him to any further prosecution or trial.

“The law is settled that a party who is in disobedience of a Court Order, cannot be entitled to, or be granted the indulgence of the exercise of the equitable discretion of a Court of Law for “Stay of Execution” of the same Order the party is in its contempt. 

Onyendu’s legal team, eminently led by our erudite Silk – Chief Mike Ozekhome, SAN, is ever ready to literally remove the carpet from under their feet in Court, come the 24th day of October 2022.

“There is no doubt, whatsoever, that this grossly incompetent application for “Stay of Execution” is to enable the lawless DSS to gain more time with the continued detention of Onyendu, but their evil plan is dead on arrival because we are equal to the task! The only valid OPTION available to the FGN now, is to obey the Order made by a very Superior Court of Record, and immediately free Onyendu unconditionally.

“Onyendu is strongly convinced that our landmark victory resonates the age-long testament that the Court is the last hope of the common man. He is firm in his conviction that this landmark victory has come to stay, and his freedom is sacrosanct.

“UmuChineke are strongly assured that the present development is nothing to worry about. The Judgment of the Court of Appeal freeing Onyendu has held the FGN in a vice-like grip, there is no chance whatsoever of extrication. Onyendu’s freedom is sacrosanct, and the sanctity of the Court’s pronouncement must be respected by the FGN, and the time is now!

“Onyendu extended his profound gratitude to you all, UmuChineke, while encouraging you all to remain fervent in your supplications and prayers, as this travail will soon be a thing of the past. There is already light at the end of the tunnel.”

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