Aloy Ejimakor, lead counsel for Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has declared the Abuja Federal High Court’s decision to dismiss some charges against his client as illegal and unconstitutional. Ejimakor criticized the court for declining to entertain charges 1, 2, 3, 4, 5, and 8, a stance detailed in a preliminary objection notice regarding jurisdiction.
Kanu is currently facing terrorism charges from the Nigerian Government. In a statement, Ejimakor argued that the court’s refusal to address these specific charges is fundamentally flawed. He stated, “An order of this Honorable Court declining jurisdiction to entertain counts 1, 2, 3, 4, 5, and 8 of the charges against the defendant/applicant or to quash said counts on the ground that the law upon which said counts are predicated is unconstitutional; and law under which the applicant is being tried in these counts has otherwise been repealed.”
Ejimakor further asserted that the charges are unconstitutional and not supported by evidence. He added that the specific dates and locations of the alleged offenses are not detailed, misleading the defendant.
Additionally, Ejimakor highlighted that two international tribunal decisions against Kanu’s arrest, detention, prosecution, and trial are binding on the Nigerian government and court, according to the Nigerian Constitution. He emphasized that the provisions of the Terrorism Prevention Act under which IPOB was declared a terrorist group are inconsistent with the Constitution.
The preliminary objection notice calls for the court to recognize its constitutional authority to interpret and enforce the laws of Nigeria, arguing that the charges against Kanu lack legal standing and are procedurally flawed.