Nnamdi Kanu Appeals Justice Nyako’s Ruling on Jurisdiction Objection

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Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has appealed the June 19 ruling of the Federal High Court in Abuja, presided over by Justice Binta Nyako, which rejected his objection to the court’s jurisdiction over his trial.

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Kanu’s Special Counsel, Chief Aloy Ejimakor, filed the notice of appeal on Tuesday at the Court of Appeal in Abuja. Ejimakor disclosed this in a statement provided to Vanguard.

“Earlier today, I filed a Notice of Appeal with the Court of Appeal in Abuja against the 19th June 2024 ruling of Justice Binta Murtala-Nyako, refusing Mazi Nnamdi Kanu’s application objecting to the jurisdiction of the Federal High Court to subject him to trial,” the statement read. “The grounds of the objection are seven and mostly predicated on provisions of the Constitution, the Terrorism Prevention and Prohibition Act 2022, and other pertinent statutes.”

The Federal Government of Nigeria is the sole respondent, to be served through its counsel, Asiwaju Adegboyega Awomolo, SAN.

Kanu has been held at the Abuja headquarters of the Department of State Services (DSS) since his extraordinary rendition from Kenya in June 2021.

The notice of appeal stated: “The Appellant, being dissatisfied with the Ruling of the Federal High Court, Abuja Division coram: B.F.M Nyako, J. delivered on the 19th June 2024, more particularly set out in Paragraph 2, hereby appeals to the Court of Appeal, Abuja, upon the grounds set out in Paragraph 3 below and will at the hearing of the Appeal seek the Reliefs set out in Paragraph 4 of this Notice of Appeal.”

The first ground of appeal cites an error in law: “The Learned Trial Judge erred in law and occasioned grave miscarriage of justice against the Appellant when the trial Court held that ‘The main claim in this application deals with the counts of charge the Defendant is facing. These counts of charge that this Court had retained after a considered ruling on the counts of charge dismissing 8 of the original counts. The main issue is that, if the Defendant has a problem with the counts of charge retained, the option open is appeal.’”

The notice elaborates that Kanu is entitled to raise further preliminary objections to jurisdiction on grounds not previously raised and that he cannot appeal the validity of the charges before the trial court has ruled on them.

The second ground of appeal argues that the trial court only considered one of seven jurisdictional grounds raised in Kanu’s preliminary objection, focusing solely on the repeal of the Terrorism Prevention Amendment Act 2013.

Kanu’s appeal aims to address the refusal to determine the competence of the remaining counts before subjecting him to pretrial detention and trial. The notice concludes that the trial court’s failure to consider these grounds denied Kanu a fair hearing.

The binding decisions referenced in the notice highlight that charges founded on repealed laws are incompetent unless the prosecution is completed or concluded before the repeal.

By Naija247news
By Naija247newshttps://www.naija247news.com/
Naija247news is an investigative news platform that tracks news on Nigerian Economy, Business, Politics, Financial and Africa and Global Economy.

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