Nnamdi Kanu’s Legal Team Appeals Court Ruling, Cites Denial of Fair Trial Rights

Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has taken a significant step in his legal battle against the Nigerian government.

His legal team, led by Barrister Aloy Ejimakor, has filed an appeal against the ruling of the Abuja Federal High Court, which was presided over by Justice Binta Nyako on March 19, 2024.

The appeal argues that the lower court denied Kanu his constitutional rights to a fair trial.

In a notice of appeal filed with charge No: FHC/ABJ/CR/383/2015, the legal team stated that the trial court erred in law by assuming jurisdiction to proceed with the hearing of the criminal trial against Kanu.

They argue that the court failed to ensure that Kanu was provided with adequate facilities to prepare for the defense of the criminal allegations against him and to have counsel of his own choice, thus denying him a fair trial.

The document specifies the particulars of the error, emphasizing the importance of ensuring that the accused is given the necessary resources and rights to prepare for their defense.

The legal team further asserts that the trial court failed to order the Respondent to cease and desist from interfering with Kanu’s constitutional right to adequate facilities to prepare his defense and his right to counsel of choice.

Additionally, the legal team has highlighted that the trial court erred in law by ordering for the accelerated hearing of the case despite being aware of the denial of Kanu’s right to adequate facilities to prepare for his defense and his right to counsel.

The team argues that this decision is a violation of Sections 36 (6) (b) and (c) of the Constitution.

In their appeal to the Supreme Court of Nigeria, the legal team seeks the following reliefs:

For the trial court to decline jurisdiction to proceed with the hearing of the case unless and until Kanu is granted his right to fair hearing under Section 36(6)(6)(b) and (c) of the Constitution; or in the alternative, for the trial court to order an alternative custodial or non-custodial arrangement free of interference with Kanu’s said constitutional right to fair hearing.

Set aside the order for accelerated hearing of the case in the circumstances of the case where Kanu is not allowed facilities to prepare for the defense of the charges against him and denied his right to counsel.

Staying the proceedings pending when the Respondent affords Kanu the constitutional safeguards of being afforded adequate facilities to prepare for his defense and his unfettered right to counsel.

An order of the Honorable Court granting Kanu such further relief or reliefs as this Honorable court may deem fit to make in the circumstances of this Appeal.

The appeal marks a significant development in Kanu’s ongoing legal battle, as his legal team continues to fight for his constitutional rights and a fair trial.

The outcome of this appeal could have far-reaching implications for Kanu’s case and for the broader issue of fair trial rights in Nigeria.