Acting on behalf of the government, the Attorney General of the Federation Abubakar Malami asked the apex court to stay the execution of the October 13 judgement of the Court of Appeal.
The request forms one of the reliefs in a motion for a stay of execution, according to The Nation.
The motion contained a seven-ground notice of appeal, in which the Federal Government not only faulted the lower court’s decision, but equally prayed that it be set aside.
The appellant argued, among others, that the Court of Appeal erred when it faulted the manner Kanu was brought back to face trial after he jumped bail and fled the country.
It contended further that the Court of Appeal erred when it struck out the pending charge against Kanu on the ground that the trial court no longer possessed the requisite jurisdiction to continue the trial because of the manner Kanu was returned to the country upon allegedly jumping bail.
A date for the hearing of the motion for the stay of execution is being awaited.
On October 13, the Court of Appeal sitting in Abuja, the Federal Capital Territory upheld the appeal of Kanu.
The Appeal Court declared as unlawful the abduction of Kanu in Kenya.
A three-member panel of the appellate court also quashed the terrorism charge brought against him by the Federal Government.
The Court of Appeal was of the view that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charge against him incompetent and unlawful.
