Tuesday, April 16, 2024

Nnamdi Kanu heads to Appeal Court, condemns Justice Nyako’s ruling, DSS action

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The authorized staff of Nnamdi Kanu, chief of the Indigenous Folks of Biafra, IPOB, has appealed the ruling of the Abuja Federal Excessive Courtroom earlier than the Attraction Courtroom.

Kanu’s authorized staff led by its Lead Counsel, Aloy Ejimakor, expressed dissatisfaction with the ruling of Justice Binta Nyako of the Abuja Federal Excessive Courtroom of March 19, 2024.

The staff knowledgeable the Attraction Courtroom that the decrease courtroom erred when it denied Kanu’s constitutional rights to honest trial.

They identified that the Division of State Providers, DSS, additionally failed to supply ample “services to organize for the defence of the felony allegations towards the Appellant and his proper to counsel of his personal selection, thereby occasioning a grave miscarriage of justice.”

A discover of enchantment filed by Ejimakor with cost No: FHC/ABJ/CR/383/2015, reads: “TAKE NOTICE that the Appellant being dissatisfied with the Ruling of the Federal Excessive Courtroom, Abuja Division coram: B.F.M Nyako, J. delivered on the nineteenth March, 2024 doth hereby enchantment to the Courtroom of Attraction Abuja upon the grounds set out in Paragraph 3 under and can on the listening to of the enchantment search reliefs as set out in Paragraph 4 hereof from the Courtroom of Attraction.

“The Realized trial Courtroom erred in regulation when the Courtroom assumed jurisdiction to proceed with the listening to of the felony trial towards the Appellant when the Appellant is obviously denied the constitutional proper to honest trial with explicit reference to denial of ample services to organize for the defence of the felony allegations towards the Appellant and his proper to counsel of his personal selection, thereby occasioning a grave miscarriage of justice.

“Truthful listening to/trial bears the constitutional safeguards of making certain that the Appellant is accorded the ample services to organize for the defence of the felony allegations levelled towards the Appellant.

“The denial of the Appellant the chance to work together and transient his counsel on what line of defences the Appellant tends to agitate within the trial courtroom and depend on was adequately dropped at the eye of the trial Courtroom by Movement.

“The trial Courtroom failed and uncared for to make needed orders that might defend the Appellant’s aforesaid rights however fairly held that the Courtroom can not dictate how the Respondent carries out its work.

“The trial Courtroom has the powers to order the Respondent (being the detaining authority) to stop and desist from interfering with Appellant’s constitutional/honest listening to proper to ample services to organize defence and his proper to counsel of his selection; and the place it’s unattainable to take action or the place the Respondent persists, the trial courtroom has the facility to order another custodial association or non-custodial association for the Appellant.

“Denial of the Appellant’s proper to ample services to organize defence as enshrined in Part 36 (6) (b) of the Structure of the Federal Republic of Nigeria, 1999 is a jurisdictional points within the absence of which the trial Courtroom can not assume or proceed with the jurisdiction over the case until and till such services are accorded to the Appellant.”

The authorized staff additionally accused the trial choose of erring when she held that “I can not make orders directing a safety company on the right way to do their work.

“I can solely direct that no matter is throughout the regulation should be allowed to the Defendant. Counsel can not direct the courtroom or give situation to the courtroom on the right way to conduct its enterprise.

“The Defendant is entitled to a counsel of his selection and ought to be given the power to conduct an interview together with his counsel throughout the confines of the regulation.”

Kanu by a discover of preliminary objection prayed the courtroom to search out and maintain that trial within the case can not proceed besides, the “respondent stopped the unconstitutional acts of forcibly seizing and photocopying confidential authorized paperwork dropped at the Appellant by the Appellant’s attorneys meant for the Appellant’s defence of the fees towards the appellant.

“Stopped eavesdropping on the Appellant’s confidential session/conversations with the Appellant’s counsel which dialogue is geared toward getting ready the Appellant for his defence.

“The Respondent denied counsel to the Appellant the suitable to take notes; denied them the rights to transmit messages and knowledge to the Appellant; secretly took photos of counsel and the Appellant’s interviews and recorded briefings between the Appellant’s attorneys and the Appellant, scanned paperwork meant for the Appellant from the Appellant’s staff of attorneys and even refused to permit attorneys to the Appellant ship letters to the Appellant.

“The motion of the Respondent within the immediate case is a flagrant violation of the appellant’s proper to counsel of his personal selection as stipulated in Part 36 (6) (c) of the Structure of the Federal Republic of Nigeria, 1999 (as amended).”

Additionally, Kanu’s staff accused Justice Nyako of erring in regulation when she ordered for accelerated listening to of the case given the info of the case displaying that the respondent had constantly refused to afford the Appellant the suitable to ample facility to organize for the defence of the fees levelled towards the Appellant and his proper to counsel, and thereby occasioned miscarriage of justice towards the Appellant and in favour of the Respondent.

They insisted that the choose “can not order accelerated listening to of a felony cost the place it is delivered to the eye of the Courtroom that the Appellant is denied the ample services to organize his defence and his proper to counsel.”

“The order for accelerated listening to of the case in face of the constitutional breaches of honest listening to/trial rights of the Appellant is a credence to the Respondent to proceed on the unconstitutional denial of the Appellant his proper to ample services to organize for his defence and his proper to counsel of his selection,” they added.

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