Nnamdi Kanu Moves To Stop Trial By Nigerian Govt, Heads To Appeal Court

Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has filed an application before the Court of Appeal seeking a stay of proceedings in his ongoing trial….READ FULL ARTICLE HERE

In the appeal filed through his Lead Counsel, Aloy Ejimakor, Kanu kicked against his trial by an Abuja Federal High Court presided by Justice Binta Nyako.

A few weeks ago, Ejimakor had declared that the court lacked the jurisdiction to entertain charges against Kanu.

The Nigerian Government is prosecuting the IPOB leader on terrorism related charges.

In the application filed by Ejimakor at the Court of Appeal, Ejimakor argued, “The Appellant (Nnamdi Kanu) filed this appeal against the Ruling of the Federal High Court, Abuja Division coram: B.F.M Nyako, J. delivered on the 19th March, 2024.

“The said Ruling of the trial court is contained at Pages 42 – 43 of the Record of Appeal; and the Notice of Appeal is at Pages 44-49 of the said Record. The Record of Appeal was transmitted to this Honourable Court on the 16th day of May, 2024. There are three grounds in the Notice of Appeal and the issues argued herein have been distilled from the said three grounds.

“My Lords, Appellant has been in pre-trial detention since June 2021 at the Headquarters of the State Security Services (SSS) in Abuja; and he is currently on trial on a seven-count Charge, some of which are capital offenses punishable by death.

On 19th February 2024, the Appellant filed a ‘Notice of Preliminary Objection’ to the jurisdiction of the trial court, pursuant to Section 36(6) (b) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the inherent jurisdiction of the trial court. The said Notice of Preliminary Objection was supported by an Affidavit, three Exhibits and a Written Address; and it was brought on the following grounds (See Pages 3 – 24 of the Record of Appeal):

The Respondent’s act of forcible seizure and photocopying of confidential legal documents brought to the Appellant at the Respondent’s detention facility by his Lawyers, said documents pertaining to facilitating the preparation of Appellant’s defence, amounts to denial of Appellant’s constitutional right to be given adequate facilities for the preparation of his defence and to be defended by legal practitioners of his own choice and is thus a grave violation of Appellant’s constitutional right to Fair Hearing as guaranteed under Section 36(6)(b) & (c)of the Constitution of Federal Republic of Nigeria, 1999 (as amended).

“The Respondent’s act of refusing or preventing the Appellant’s Counsel from taking notes of details of Counsel’s professional and confidential discussions/consultations with the Appellant (at Respondent’s detention facility), said discussions/consultations relating to facilitating preparation of Appellant’s defence amounts to denial of Appellant’s right to be given adequate facilities for the preparation of his defence and by legal practitioners of his own choice and is thus an egregious violation of Appellant’s constitutional right to Fair Hearing as guaranteed under Section 36(6)(b) & (c) of the Constitution of Federal Republic of Nigeria, 1999 (as amended)…..READ FULL ARTICLE HERE

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