The Abuja Division of the Court of Appeal allowed the Appeal brought forward by Mazi Nnamdi Kanu challenging the jurisdiction of the trial Court.
The appellate court in a unanimous decision, faulted the process through which Kanu was brought before the Federal High Court to answer to a 15-count terrorism charges.
Recall that Justice Binta Nyako of the Abuja Federal High Court had struck out 8 of the 15-count charges.
The National Security Council, earlier this week, stood by the Attorney-General of the Federation, Abubakar Malami SAN insisting that Kanu was not acquitted but discharged, further delaying his release despite calls from his lawyers and family.
Discharge and acquittal are terms under criminal justice system used to convey that an accused person has been exonerated from a criminal charge brought against him.
The order of acquittal is clearly to the effect that the accused is adjudged innocent by a court of competent jurisdiction. He is found not guilty and cannot be re-arrested based on the same subject matter.
A discharge means releasing an accused from custody due to unsubstantiated charges to proceed with the case. The accused can be re-arrested on admittance of new evidence or charges (i.e there is an element of guilt).
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