On Monday, the Nigerian Government revealed that it would not release the detained Nnamdi Kanu, the Indigenous People of Biafra (IPOB) leader.
In a fresh affidavit given to the Court of Appeal, Abuja Division, the Federal Government insisted that Kanu posed a flight risk.
Nnamdi Kanu said he would escape Nigeria as soon as he was free from detention.
FG Tells Appeal Court Why Nnamdi Kanu isn't out of Jail
The affidavit was included as evidence in support of a request to halt the application of the appellate court decision that dismissed all 15 counts of terrorism charges brought by the Federal Government against Nnamdi Kanu.
Yesterday, Mr. David Kaswe, Assistant State Counsel in the Attorney-Office General's of the Federation, argued the application. He told the judge that the case against the imprisoned IPOB leader threatened national security.
Kaswe argued that Kanu's fundamental rights should not supersede the nation's interest. On the other hand, the Federal Government argued that immediately after a case touched on national security, the rights of the individual affected took a secondary place.
The Government's lawyer argued, "It is important to appreciate the gamut of depositions in the application. The Respondent is a flight risk person. One of our application grounds is that this matter touches on the state's national security."
"We rely on the case of Dokubo Vs. FRN, where the Supreme Court held that when national security is threatened, or there is the likelihood of it being threatened, human rights take a secondary place."
"Once there is a threat to national security, the individual's human rights are on hold until the threat is taken care of. Once the nation's security is in jeopardy, the individual right may not even exist."
He further told the court that an intelligence report in the Government's possession indicated that releasing Nnamdi Kanu from detention would worsen the security situation in the South East.
However, Mike Ozekhome, Kanu's lawyer, urged the appellate court to dismiss the Federal Government's application which he said was tantamount to seeking the stay of a citizen's liberty.
Ozekhome continued that releasing Kanu from detention would guarantee peace in the South East and the country.
He said: "My lords, on the contrary, Kanu's release will bring peace and tranquillity to the South East and the nation in general.
"This was demonstrated after this court's judgment ordered the Respondent's release. Immediately after the decision, the entire South East had great happiness and joy. Jubilation and merriment were such threats.
Ozekhome argued that Dokubo's case was different from Kanu's case.