The legal representatives of the embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, have initiated proceedings against the Nigerian Government in the Appeal Court located in Abuja concerning the clandestine trial of the Biafra activist.
Aloy Ejimakor, Kanu’s principal counsel, stated that on June 29, 2021, the IPOB leader was subjected to a secret trial at the Federal High Court in Abuja without his legal team’s knowledge.
Ejimakor characterized this action as a violation of constitutional rights, prompting the decision to pursue an appeal.
In a statement made available to journalists on Thursday, Ejimakor noted: “On June 29, 2021, Mazi Nnamdi Kanu was surreptitiously brought before the court. The court conducted a hearing in secrecy and ordered his detention, all without informing his counsel, who was recognized by the court.”
“This is a breach of constitutional law, which is why we have filed this appeal.”
The appeal also requests an extension of the timeframe for Kanu to contest the criminal proceedings and the “order of remand/detention issued by Justice Binta M.F. Nyako on June 29, 2021, in CHARGE NO: FHC/ABJ/CR/383/201 between the FEDERAL REPUBLIC OF NIGERIA and MAZI NNAMDI KANU, as the period for the appeal has already lapsed.”
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 were 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 to bring 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.”
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