The legal team of Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, has dragged the Nigerian Government before the Appeal Court in Abuja over the secret trial of the Biafra agitator.
Kanu’s lead counsel, Aloy Ejimakor said on June 29, 2021, the IPOB leader was secretly tried at the Abuja Federal High Court without the notice of his counsel.
Ejimakor described the action as unconstitutional, hence the decision to file the appeal.
In a statement made available to DAILY POST, Ejimakor said: “On 29th June 2021, Mazi Nnamdi Kanu was secretly brought to court. The court secretly held a hearing & ordered him detained. This was done without notice to his counsel who was well known to the court.
“This is unconstitutional and for this reason, we filed an appeal.”
The appeal also seeks the extension of time within which Kanu may appeal against the criminal proceedings and the “order of remand/detention made thereof by Justice Binta M.F Nyako on 29th day of June, 2021 in CHARGE NO: FHC/ABJ/CR/383/201 between FEDERAL REPUBLIC OF NIGERIA vs. MAZI NNAMDI KANU, the time for the appeal having elapsed.”
The statement added, “On the 19th day of June, 2021, the appellant/applicant who was granted bail by the court below was, pursuant to the revocation of said bail and a bench warrant, abducted in Kenya and extraordinarily renditioned to Nigeria to face his ongoing trial and on 29th June 2021, the appellant/applicant was secretly produced before the court below and said court, in violation Section 36(3) and Section 36(4)(a) of the Constitution, secretly (and without the presence of appellant/applicant’s Counsel of Record) conducted a hearing that led to the remand of the appellant/applicant to the custody of the complainant/respondent; and the said hearing was also conducted without Notice to the appellant/applicant’s said counsel of record in violation of Section 36(6)(c) of the Constitution.
“The said hearing/remand proceedings which was conducted which led to the detention/remand of the applicant/appellant was conducted without the appellant/applicant being heard which violated the provisions of Section 169 of the Administration of Criminal Justice Act 2015.
“Further, the appellant/applicant was, pursuant to said hearing committed to the custody of the complainant/respondent (State Security Services cell) instead of a prison, as is required by law.
“The reason this appeal is being brought out of time is a case of counsel’s inadvertence being that the previous counsel – Mr. Ifeanyi Ejiofor Esq. inadvertently omitted bringing this Appeal timeously before the honourable court.
“The present counsel of record, Aloy Ejimakor Esq. upon being briefed to lead the applicant’s legal team commenced the review of the entire matter and just discovered that this appeal is very necessary and germane, and having been neglected to be brought on behalf of the applicant on time, resolved to now file this application for extension of time to appeal as already prayed on the face on the motion paper.”
