Kanu’s Appeal Faces Setback As Court Withholds Production Warrant

An appeal filed by the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, challenging his detention may suffer delays after the Federal High Court in Abuja failed to issue a production warrant required to bring him before the appeal section.

A production warrant is an order needed to compel the DSS to produce Kanu before the appeal section for the settlement of records.

The court had earlier served a formal summons on November 11 to both Kanu and the Federal Republic of Nigeria, directing them to appear before the Appeal Section on November 28 for the settlement of the record of appeal.

The notice, signed by Principal Registrar Ojonugwa Thomas and obtained by THE WHISTLER, stated that all parties were expected to attend the session at the court headquarters in Abuja in line with Order 8, Rule 2 of the Court of Appeal Rules, 2021.

Settlement of records is a mandatory step that must be completed before the appeal documents can be transmitted to the Court of Appeal.

Kanu, who was listed to be served at the DSS detention facility in Abuja, is currently being held following his conviction and life sentence by Justice James Omotosho of the Federal High Court.

The Federal Government is represented by a legal team led by Senior Advocates, Asiwaju Adegboyega Awomolo, Suraj Sa’eed and Mutabu Ojo Adebayo. They are also joined by D.E. Kaswe, and other associates.

Kanu’s appeal challenges the charges against him and the legality of his detention.

Representing himself, he argued that the trial was based on “dead law.” His last-minute effort to halt proceedings before judgment was rejected, with the court ruling that the case had progressed too far for an interlocutory appeal to stop it.

He was subsequently sentenced to life imprisonment by Justice James Omotosho and transferred to Sokoto Correctional facility.

Fresh concerns have emerged after the court reportedly declined to issue the production warrant.

Kanu’s brother, Prince Emmanuel Kanu, warned that the development could stall the appeal since Kanu must be physically present to complete the process himself.

“It requires Kanu’s presence, but with this development, the case is likely to be stalled because Kanu cannot be produced in court to carry out the processes,” he said.

The production warrant is also required to authorize his movement from Sokoto Prison to Abuja.

Kanu’s Appeal Faces Setback As Court Withholds Production Warrant is first published on The Whistler Newspaper