Kanu’s Appeal may stall as court fails to issue production warrant

By Vivian Okejeme Abuja

An appeal filed by the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu against his detention may face delays following the failure of the Federal High Court in Abuja to issue a production warrant required for his appearance before the Appeal Section.

The court had earlier issued a formal summons on November 11 to both the appellant, Kanu, and the respondent, 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, was issued in compliance with Order 8, Rule 2 of the Court of Appeal Rules, 2021.

According to the document, all parties were mandated to attend the session at the court headquarters in Abuja.

The settlement of records is a mandatory procedural step that must be completed before the transmission of appeal documents to the Court of Appeal.

Kanu was listed to be served at the DSS detention facility in Abuja, where he was being held before the Federal High Court presided over by Justice James Omotosho, convicted and sentenced him to life imprisonment.

The Federal Government is being served through its legal team comprising Asiwaju Adegboyega Awomolo, SAN; Suraj Sa’eed, SAN; Mutabu Ojo Adebayo, SAN; D.E. Kaswe, Esq.; and their associates at Victoria Court, CITEC Villas, Gwarinpa, Abuja.

The summons followed Kanu’s appeal challenging his charges and detention. Representing himself in court, Kanu argued that his trial and continued detention were based on “dead law.”

His attempt to halt the trial, even on the final day before judgment, was dismissed by the court, which held that the proceedings had already advanced beyond the stage where an interlocutory appeal could stop the process.

However, concerns have now emerged after the court reportedly failed to issue a production warrant—a necessary order compelling the DSS to bring Kanu before the Appeal Section for the settlement of records.

Kanu’s brother, Prince Emmanuel Kanu, said the development could stall the appeal since Kanu is representing himself and must be physically present to carry out the required processes.

“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.