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PHOTO CAPTION: Nnamdi Kanu
The law is that if a court discharges and acquits an accused person in a criminal trial by court of first instance or appellate court, that operates to free him instantly.
On the other hand, if a criminal court of first instance finds the accused person guilty of the crime charged by sentencing him/her to prison the convicted person normally cannot apply for stay of execution to stop him/her from going to prison instantly.
He/she will be in prison custody pending his/her appeal. For a death sentence prisoner his or her death sentence will not be executed pending appeal as he/her does not need to file any stay of execution to remain alive until the final disposition of his/her appeal. This is the position of the law locally and internationally.
The Supreme Court has made a remarkable statement that the Federal Government of Nigeria is not a respecter of the rule of law by the illegal rendition of Nnamdi Kanu from Kenya and the unlawful invasion of the family residence of Nnamdi Kanu.
The Supreme court also stated that the trial court ought not to have revoked the bail of Nnamdi Kanu. It is surprising therefore why the Supreme Court that ought to ensure justice for all irrespective of class failed to revoke the referenced cancellation of the bail of Nnamdi Kanu and then grant him bail freedom.
Nnamdi Kanu is indeed a political prisoner of conscience.
This is the only reason the Supreme Court did not reverse the illegal cancellation of Nnamdi Kanus bail.
Dr. Jezie Ekejiuba is a Human Rights Lawyer and President of Voters Rights Association of Nigeria (VRAN).