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Kanu, a flight risk, FG tells Supreme Court
It asked the Supreme Court to set aside the judgment and restore the charge against the respondent to be tried at the trial court.
The government, in a motion on notice in support of the appeal, is also seeking a stay of execution of the judgment of the court presided over by Justice Jummai Sankey, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk.
The notice of appeal dated October 18 was signed by the Director, Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice.
The appellant averred that the appellate court erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.”
It stated, “There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law.”
The appellant also contended that the court below erred when it held that the executive arm must not be allowed to benefit from the abduction of the respondent “when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a miscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”
The government claimed that the appeal court was wrong by saying that how Kanu was brought back to the country can vitiate and indeed weaken the criminal charges of treason, treasonable felony and terrorism brought against him.
It added that the lower court made that decision without taking into account the fact that the nature of the “entry’’ of the respondent is not relevant in the determination of the charges against him.
The appellant further stated that the appeal court justices failed to be bound by established judicial precedent on the mode of “entry” of a defendant charged with the commission of an offence established by the Supreme Court.
The appeal court, the FG noted, misdirected itself when it relied heavily on the Organisation of African Unions Conventions on the Prevention and Combating of Terrorism, the African Commission on Human and People’s Rights and cases decided from foreign jurisdictions as against the substantive law covering the criminal procedure in Nigeria.
“The court below overlooked the submissions of the appellant with regards to the ACJA, 2015 which takes its taproot from the grundnorm Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to the effect that it is the Administration of Criminal Justice Act, 2015 that governs the trial of every Nigerian charged with the commission of a crime, this failure occasioned the miscarriage of justice,’’ the appeal notice read.
The appeal observed that the appellate court was completely silent and closed its eyes to the obvious fact of the issues which predate the rendition of the respondent because he was standing trial for conspiracy, and treasonable felony terrorism before his escape.
“If the learned Justices of the Court of Appeal had taken into consideration the act of illegality of the respondent in jumping bail and the corresponding duty of the appellant to ensure his presence in court, the decision of the court would have been different,’’ the appeal read.
In an affidavit, Loveme Odubo of the Department of Public Prosecution, Federal Ministry of Justice, stated that Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.
The affidavit read, “That the respondent is a flight risk person given his previous antecedent of jumping bail while standing trial.
“The respondent is a dual citizen of both Nigeria and Britain which will make it easy for him to move out of Nigeria and escape justice. That the respondent’s presence will be difficult to secure should the judgment of the court below is not overturned and set aside by the Supreme Court.
“There is a need to stay the execution of the judgment of this honourable court to avoid a situation where the judgment of the Supreme Court will be overreached and rendered nugatory.’’
Senate S’East Caucus
Meanwhile, the South East Caucus in the Senate has intervened in the case of the Federal Government against Kanu, urging that the ruling by the Court of Appeal be obeyed.
In a statement jointly signed by 14 South-East Senators on Thursday, they advised the government against appealing the ruling at the Supreme Court but rather asked the Presidency to utilise the opportunity presented by the Appeal Court ruling and consider a political solution to solve the lingering problem in the interest of the country’s unity and peaceful coexistence of Nigerians.
The statement said, “This is the time to show magnanimity and statesmanship. The Appeal Court has provided the leeway for the authorities to walk the talk as ones desirous of preserving Nigeria’s unity and respect for her diversity.
“Accordingly, we as a Caucus and stakeholders in the Nigeria project, appeal to Mr President, to remember the promise he made to a delegation of elders of Igboland sometime ago and release Nnamdi Kanu.”
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Habila Family Lawyer: Umahi Repeatedly Requested Autopsy, Family Declined; Petitions IGP Over Delay in Releasing Body (Video)
The lawyer to the family of late nurse Mary Habila, Barrister Yusuf, has disclosed that Minister of Works David Umahi repeatedly requested that an autopsy be conducted to determine the cause of her death, but the family consistently declined the request, citing personal, cultural, and traditional reasons.
Speaking during a press briefing at the Force Headquarters in Abuja on Friday, Yusuf said the family had petitioned the Inspector-General of Police (IGP) over the continued refusal of the Ebonyi State Commissioner of Police to release Habila’s body for burial.
According to him, Mary Habila, who died on June 27, 2026, was a registered nurse employed by the David Umahi Federal University of Health Sciences, Uburu, before she was seconded to the Minister of Works’ office, where she had worked for about three years.
He dismissed claims circulating on social media about her profession and character, insisting that Habila was a civil servant with employment records and payslips to support the family’s position.
“It is imperative to state that late Mary Habila was not a physiotherapist. She was a nurse and a civil servant who worked in the minister’s office after being seconded from the university,” Yusuf said.
The lawyer alleged that despite the family’s compliance with police procedures to retrieve the body for burial, it has remained in custody without any explanation from the Ebonyi State Police Command.
He further accused unnamed individuals of attempting to politicise Habila’s death.
“From all indications, some people want to use her death as a pawn in their political manoeuvring just to score cheap political points,” he said.
Yusuf also confirmed that Umahi had, on several occasions, requested that an autopsy be carried out.
“The minister has repeatedly called for an autopsy, but the family has consistently rejected it because of personal, cultural and traditional reasons,” he stated.
He also rejected allegations questioning Habila’s character, describing them as false and defamatory.
“Mary Habila was never a ‘runs girl’ or anything of that nature. She was in Abuja working with the minister in her official capacity,” he added.
Yusuf said the family, accompanied by Habila’s parents, relatives and one of her colleagues, visited the office of the Inspector-General of Police to formally submit their petition seeking the immediate release of her remains.
He expressed hope that the IGP would intervene and direct the Ebonyi State Police Command to release the body so the family could give her a befitting burial.
The petition comes amid growing public interest and controversy surrounding the circumstances of Habila’s death, with the family insisting that their immediate concern is recovering her body for burial.
See Video:
Mary Habila’s Family Petitions IGP over CP’s Refusal to Release Corpse for Burial
The family of late Mary Habila has petitioned the Inspector-General of Police (IGP), Kayode Egbetokun, over the alleged refusal of the Ebonyi State Commissioner of Police to release her body for burial more than two weeks after her death.
In a petition dated July 17, 2026, and submitted through their solicitors, K.A. Yusuf & Associates, the family accused the Ebonyi State Police Command of unlawfully withholding Habila’s remains despite their compliance with all legal requirements for its release.
The petition, addressed to the IGP at the Nigeria Police Force Headquarters in Abuja, stated that Mary Habila, a staff member of the David Umahi Federal University of Health Sciences, Uburu, died on June 27, 2026, under circumstances that were reported to the police. Since then, the body has remained in a designated mortuary under the authority of the Ebonyi State Police Command.
According to the family’s lawyers, repeated applications, personal visits and full compliance with every lawful requirement communicated by the police have failed to secure the release of the corpse for burial.
The petition described the continued detention of the body as arbitrary and oppressive, arguing that it has denied the family the opportunity to perform customary and religious burial rites while inflicting emotional, psychological, financial and cultural hardship.
“It is our client’s respectful position that the continued detention of his daughter’s corpse without lawful justification is arbitrary, oppressive, and inconsistent with the principles of justice, fairness and respect for human dignity,” the petition stated.
The family further expressed a loss of confidence in the Ebonyi State Commissioner of Police, urging the IGP to intervene.
Specifically, the petition requested the IGP to transfer the case from the Ebonyi State Police Command to the Force Headquarters in Abuja, direct the immediate release of Mary Habila’s body for burial, order disciplinary or administrative action against any officer found to have acted unlawfully, and issue any further directives necessary to ensure justice is served.
The lawyers also urged the police authorities to communicate the legal basis for withholding the body and provide a timeline for concluding investigations instead of keeping the remains indefinitely.
The petition follows growing public attention surrounding Habila’s death, with her family insisting on the release of her remains.
The family had earlier said they suspect no foul play in her death and preferred an end to police investigations.
News
NWOBODO VS OGBUANU: Drama in Enugu High Court as Former Governor Substitutes Legal Team, Halts Proceedings
ENUGU, NIGERIA — A high-stakes legal battle involving the former Governor of old Anambra State, Chief Senator Jim Nwobodo, his wife, and a prominent Enugu medical practitioner, Dr. Basil Kenechukwu Ogbuanu, was unexpectedly stalled at the Enugu State High Court following a dramatic, last-minute change in the defendants’ legal representation.
The abrupt shake-up in the defense lineup forced a halt to the scheduled proceedings, preventing the court from hearing key applications in the multi-party land and property dispute.
The presiding judge, Justice C.C. Ani, was forced to adjourn the matter on Thursday to October 22, 2026, to allow the plaintiff’s legal team sufficient time to study a wave of newly substituted court processes filed by the defendants’ new counsel.
The legal battle, registered under Suit No. E/328/2026, pits Dr. Ogbuanu against Chief Senator Jim Nwobodo, his wife, Barrister (Mrs) Patricia Nwobodo, and seven other corporate and individual defendants.
The co-defendants in the sprawling suit include Linkana Hotels Limited, Mr. Gerald Asogwa, Kingsley U. Chime, Surveyor G.C. Ishiwu, Millennium Construction & Estate Developers Limited, Hon. Titus Okechi, and Moss Island Limited.
At the resumed hearing on Thursday, the court was officially notified that the Nwobodos and their co-defendants had formally debriefed their former legal representative, the distinguished Senior Advocate of Nigeria, Iyom A.J. Offiah of Obra Legal.
In her place, the defendants briefed Chief C. Chuma Oguejiofor, Esq., of Chuma Oguejiofor & Co. (House of Law), based on Carter Street, Ogui Road, Enugu, to take over their defense.
Upon taking charge of the defense, Chief Oguejiofor immediately moved to withdraw all legal processes previously filed on behalf of the defendants by their former counsel on July 6, 2026.
The defense then substituted those withdrawn documents with a brand-new set of applications, affidavits, and objections, which were formally filed in the court’s registry on July 16, 2026.
Dr. Ogbuanu’s lead counsel, Onyechi Araka, did not oppose the sudden withdrawal and subsequent replacement of the defense’s processes, recognizing the defendants’ constitutional right to choice of counsel.
Araka, however, strongly urged the court for an adjournment, stating that his team required adequate time to meticulously study and analyze the newly filed processes, which they intend to vigorously contest.
Recognizing the fundamental principles of fair hearing and the plaintiff’s right of reply, Justice Ani granted the application for adjournment, scheduling October 22, 2026, for the hearing of all pending applications.
Among the new filings introduced by the Oguejiofor-led defense team is a crucial Notice of Preliminary Objection aiming to terminate the plaintiff’s lawsuit at its foundational stage.
The objection, brought pursuant to Section 86(6) of the 1999 Constitution of Nigeria (as amended) and various provisions of the High Court Rules of Enugu State 2020, prays the court to set aside the service of the originating processes on the defendants.
Alternatively, the defendants are asking the court to strike out or dismiss the entire suit in limine (at the threshold), arguing that it is entirely incompetent and constitutes a gross abuse of the judicial process.
In the grounds listed for the application, the defense contends that the originating and other vital processes in the suit were never properly served on the defendants.
The defense further launched a scathing critique of the lawsuit’s drafting, describing the plaintiff’s pleadings as “unnecessarily verbose, circumlocutory, imprecise, windy, and mostly lacking in meaning.”
Crucially, the defendants argue that Dr. Ogbuanu’s lawsuit is a direct and abusive replication of an active, pre-existing lawsuit.
According to court documents, a prior lawsuit, Suit No. E/244/2025, between Dr. (Mrs) Patricia Nwobodo & Anor vs. Dr. Basil Ogbuanu, was filed on March 1, 2026, long before the present suit was instituted, involving the same parties and subject matter.
The defense also raised a structural jurisdictional issue, asserting that the police and other public officers whose presence is imperative for a comprehensive and final determination of the dispute were not joined as parties.
Furthermore, they argue that the suit is legally barred by Section 9(1) of the Actions Law, Revised Laws of Enugu State 2004, and that requisite pre-action notices were never served on the public officers involved.
In a supporting affidavit sworn to at the High Court Registry, Chidinma Edeh, a litigation clerk at Chuma Oguejiofor & Co., averred that she had the explicit consent of the defendants to depose to the facts of the change of counsel and the preliminary objection.
As both legal teams retreat to their chambers to draft their respective responses, members of the Enugu legal community and public observers are keeping a close watch on the High Court ahead of the high-stakes showdown on October 22.
Minister of Works, David Umahi, has spoken publicly for the first time on the death of 26-year-old nurse, Mary Habila, describing her as “like a daughter” and dismissing attempts to link him to the incident as politically motivated.
Addressing journalists in Abuja on Thursday, Umahi said Habila had worked closely with him for about three years and was one of his most trusted staff members. He maintained that there was no evidence of foul play and urged Nigerians to allow security agencies to complete their investigation.
The minister clarified that the deceased was a nurse employed by the Federal University of Health Sciences, Ebonyi State, and not a physiotherapist as previously reported.
According to Umahi, Habila had a history of medical challenges and had been receiving treatment at a Turkish hospital, with her medical expenses fully covered by him.
He revealed that shortly before her death, Habila reportedly informed her boyfriend during a telephone conversation that she was experiencing a nosebleed. The boyfriend allegedly advised her to seek medical attention, but communication ceased after she said she was going to take a bath.
Umahi explained that after repeated calls to her phone went unanswered, concerned colleagues forced open her room and found her lifeless, while the bathroom tap was still running.
The minister emphasized that the guest house where the incident occurred was designated for staff and medical personnel and was located some distance from his private residence, insisting that attempts to personally implicate him were unfair and unfounded.
Describing Habila as a hardworking and dedicated employee, Umahi said her death had deeply affected him.
He appealed to the deceased’s family to consent to a forensic autopsy to determine the exact cause of death, disclosing that he had directed that her body should not be released for burial until the examination is conducted.
According to him, the autopsy has been delayed because the family objected on cultural grounds.
Umahi also disclosed that he requested the Inspector-General of Police to transfer the investigation to Abuja to ensure a more comprehensive and transparent probe, while facilitating discussions with the bereaved family.
He further stated that Habila had experienced similar episodes of nosebleeding during previous official trips and urged investigators to examine the telephone records between the deceased and her boyfriend, saying they could provide valuable insight into her final moments.
While reiterating that investigations should proceed without interference, the minister said the preliminary information available to him did not suggest any criminal activity.
He also condemned the circulation of photographs allegedly taken at the mortuary, accusing some individuals of exploiting the tragedy to spread misinformation and tarnish reputations.
Umahi warned that his legal team would take action against individuals and media organisations found to have published or circulated false or defamatory information regarding the case.
News
COAS Charges Commanding Officers to Strengthen Operational Effectiveness Through Enhanced Leadership
By Our Reporter
The Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu, has charged Commanding Officers of the Nigerian Army to strengthen operational effectiveness by continuously enhancing their leadership capacity and ensuring prudent management of resources in the discharge of their responsibilities as tactical commanders.
The COAS gave the charge on Monday while declaring open the Second Commanding Officers’ Workshop 2026 at the Headquarters 82 Division Dragon Officers’ Mess in Enugu.
The five-day workshop is themed, “Enhancing Tactical Level Leadership in a Joint and Multi-Agency Environment.”
Represented by the Chief of Training (Army), Major General V. U. Okoro, Lt.-Gen. Shaibu described the workshop as timely, given the nation’s evolving security challenges and the increasing need for effective tactical leadership.
He stressed the importance of strengthening leadership, operational effectiveness and administrative competence, noting that Commanding Officers play a critical role in translating strategic military objectives into successful tactical operations.
According to him, the workshop aligns with his Command Philosophy of transforming the Nigerian Army into a more professional, adaptable, combat-ready and resilient force capable of operating effectively within joint and multi-agency environments.
The Army Chief urged participants to actively engage in the lectures, discussions and syndicate problem-solving sessions, expressing confidence that the knowledge gained would equip them with innovative approaches to addressing contemporary operational challenges.
Earlier, the General Officer Commanding (GOC) 82 Division, Major General Oluremi Fadairo, welcomed participants and described the workshop as an important platform for Commanding Officers to review their leadership approaches, improve professional competence and consolidate operational achievements.
He expressed appreciation to the Chief of Army Staff for approving and supporting the workshop, as well as for his continued support to the operations of the 82 Division.
Maj.-Gen. Fadairo encouraged participants to remain focused throughout the programme and apply the lessons learned to improve the administration and operational effectiveness of their respective units.
The opening ceremony featured the presentation of souvenirs to dignitaries and a group photograph with participants.
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