Abuja, Nigeria — Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has applied to the Court of Appeal in a bid to stop his ongoing trial. The appeal, submitted by his Lead Counsel, Aloy Ejimakor, challenges the jurisdiction of the Abuja Federal High Court, which is presided over by Justice Binta Nyako. Kanu is currently facing terrorism-related charges brought by the Nigerian Government.
Key Arguments in the Appeal
The appeal, filed a few weeks after Ejimakor declared that the court lacked jurisdiction over Kanu’s case, argues that the Nigerian Government’s actions have severely violated Kanu’s constitutional rights to a fair hearing. Ejimakor outlines several key points in the appeal:
- Constitutional Violations: The government is accused of forcibly seizing and photocopying confidential legal documents intended to facilitate Kanu’s defence. Additionally, the government allegedly prevented Kanu’s lawyers from taking notes during consultations and eavesdropped on privileged conversations. Ejimakor contends that these actions deny Kanu adequate facilities to prepare his defence and violate his right to counsel of his choice, contravening Section 36(6)(b) and (c) of the Nigerian Constitution.
- Grounds for the Appeal: The appeal raises three critical questions:
- Was the trial court correct in assuming jurisdiction despite clear violations of Kanu’s right to a fair trial?
- Did the trial judge properly evaluate the evidence, particularly the uncontested evidence presented by Kanu?
- Was it appropriate for the trial court to order an accelerated hearing given the evidence showing Kanu was denied adequate facilities to prepare his defense?
- Relief Sought: Kanu requests the Court of Appeal to set aside the trial court’s decision and decline jurisdiction unless his constitutional rights are fully respected. Alternatively, he seeks an order for an alternative custodial arrangement free from government interference. He also calls for a stay of proceedings until he is granted adequate facilities to prepare his defence.
Context and Implications
Kanu has been in pre-trial detention since June 2021 at the State Security Services (SSS) headquarters in Abuja. He faces a seven-count charge, including capital offences punishable by death. The appeal represents a significant legal manoeuvre aimed at challenging the Nigerian Government’s handling of his case and asserting his constitutional rights.
The outcome of this appeal could have far-reaching implications for Kanu’s trial and the broader legal and political landscape in Nigeria, particularly concerning issues of fair trial rights and government accountability.
As the Court of Appeal deliberates on this critical matter, all eyes are on Nigeria’s judiciary to see how it navigates these complex legal and constitutional questions.
