Kanu noted that the court erred in law when it proceeded to hear and determine an application for stay of execution of judgment in a criminal appeal, brought under Order 6 Rule 1 of the Court of Appeal Rules, 2021, and Section 17 of the Court of Appeal Act of 2004, and thereby occasioned a miscarriage of justice.
Both the Court of Appeal Rules 2021 and Court of Appeal Act, 2004, did not make any provisions for stay of execution of a Court of Appeal judgment in a criminal appeal.
In the unanimous judgment delivered by Justice Oludotun Adefope-Okojie, the Appeal Court declared as illegal and unlawful the abduction of Kanu from Kenya to Nigeria and quashed the entire seven charges retained by the trial court against him on the ground that the Federal Government breached all local and international laws in the forceful extradition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.
The Federal Government applied for a stay of execution order, urging the court not to release Kanu as he was seen as a flight risk and security threat to the country.
The court granted the federal government’s application for stay of judgment discharging Kanu, of terrorism charge.