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HomeHEADLINESSupreme Court in breach of Nigerian Constitution over Nnamdi Kanu, says counsel

Supreme Court in breach of Nigerian Constitution over Nnamdi Kanu, says counsel

THE counsel to Nnamdi Kanu, the acclaimed leader of the Indigenous People of Biafra (IPOB) said that the Supreme Court has breached Nigeria’s constitution following its refusal to release the certified true copies of its judgment on Kanu.

In a statement Barrister Aloy Ejimakor, stated the court failed to transmit copies of its judgment delivered on December 15, 2023, after more than 33 days.

The Supreme Court had on December 15 ruled that the trial of Kanu on charges of terrorism should continue at the Federal High Court, Abuja.

The special counsel noted that section 36 (7) of the Nigerian constitution provides that any person being tried for any criminal offence in any Nigerian court is entitled to obtain true copies of judgment on him/her in the case within seven days of the conclusion of the case.

He stated that since “the delivery of said judgment on 15th December 2023, applications were filed for the release of certified true copies of the judgment and the enrolled order. But to this day, the Supreme Court is yet to comply.

“This failure to release the said certified true copies is a flagrant violation of the constitution that entitles Nnamdi Kanu to be issued copies of the judgment within seven days of the delivery of the judgment on 15th December 2023. It is a fundamental right and thus enforceable.”

The development, he stated, means that “Kanu cannot proceed with his defence and “the Federal High Court cannot proceed with consideration of any trial” without the certified copies of the judgment and the “enrolled order.”

Kanu has been held by the government since his arrest in 2015 by the administration of former president, Muhammadu Buhari.

A ruling by the Court of Appeal in Abuja, 13 October 13, 2022, faulted his arrest and continued trial in consideration of the fact that Kanu was extraordinarily renditioned to Nigeria, an act that flagrantly violated the nation’s extradition treaty and breach his fundamental human rights.

The State Security Service continued to detain him despite the court order for his release, until the government, appealed  the court ruling and the Supreme Court ordered a retrial at the lower courts. 

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