₦airaland Forum

FreeStuffsNG:
Will the courts and prosecutors allow these voyage to get to the Supreme Court again?Smh.

It's high time the prosecution report these guys to the disciplinary committee of NBA.

This looks like an abuse of court processes in order to delay the trial after dragging the previous appeal up to the Supreme Court.

Slytiger:
Lol.

The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed an appeal at the Appeal Court against the Nigerian government on the ruling of Justice Binta Nyako of the Federal High Court sitting in Abuja.

Kanu, who filed the appeal through his legal team led by its Lead Counsel, Aloy Ejimakor, rejected the March 19 ruling of Justice Nyako on the criminal charges the Nigerian government preferred against him.

According to the notice of appeal court document obtained by SaharaReporters, Kanu’s legal team informed the Appeal Court that the lower court erred when it denied the IPOB leader his constitutional rights to fair trial.

Kanu also noted that the Department of State Services (DSS), failed to provide adequate facilities to prepare for the defence of the criminal allegations against the Appellant and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice.

The notice of appeal with charge No: FHC/ABJ/CR/383/2015, reads, “Take Notice that the Appellant being dissatisfied with the Ruling of the Federal High Court, Abuja Division coram: B.F.M Nyako, J. delivered on the 19th March, 2024 doth hereby appeal to the Court of Appeal Abuja upon the grounds set out in Paragraph 3 below and will at the hearing of the appeal seek reliefs as set out in Paragraph 4 hereof from the Court of Appeal.

“The Learned trial Court erred in law when the Court assumed jurisdiction to proceed with the hearing of the criminal trial against the Appellant when the Appellant is glaringly denied the constitutional right to fair trial with particular reference to denial of adequate facilities to prepare for the defence of the criminal allegations against the Appellant and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice.

“Fair hearing/trial bears the constitutional safeguards of ensuring that the Appellant is accorded the adequate facilities to prepare for the defence of the criminal allegations levelled against the Appellant.

“The denial of the Appellant the opportunity to interact and brief his counsel on what line of defences the Appellant tends to agitate in the trial court and rely on was adequately brought to the attention of the trial Court by Motion.

“The trial Court failed and neglected to make necessary orders that would protect the Appellant’s aforesaid rights but rather held that the Court cannot dictate how the Respondent carries out its work.

“The trial Court has the powers to order the Respondent (being the detaining authority) to cease and desist from interfering with Appellant’s constitutional/fair hearing right to adequate facilities to prepare defence and his right to counsel of his choice; and where it is impossible to do so or where the Respondent persists, the trial court has the power to order an alternative custodial arrangement or non-custodial arrangement for the Appellant.

“Denial of the Appellant’s right to adequate facilities to prepare defence as enshrined in Section 36 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999 is a jurisdictional issues in the absence of which the trial Court cannot assume or proceed with the jurisdiction over the case unless and until such facilities are accorded to the Appellant.”

The legal team also accused the trial judge of erring when she held that “I cannot make orders directing a security agency on how to do their work.

“I can only direct that whatever is within the law must be allowed to the Defendant. Counsel cannot direct the court or give condition to the court on how to conduct its business.

“The Defendant is entitled to a counsel of his choice and should be given the facility to conduct an interview with his counsel within the confines of the law.”

The detained IPOB leader by a notice of preliminary objection prayed the appellate court to find and hold that trial in the case cannot proceed except, the “respondent stopped the unconstitutional acts of forcibly seizing and photocopying confidential legal documents brought to the Appellant by the Appellant’s lawyers meant for the Appellant’s defence of the charges against the appellant.

“Stopped eavesdropping on the Appellant’s confidential consultation/conversations with the Appellant’s counsel which discussion is aimed at preparing the Appellant for his defence.

“The Respondent denied counsel to the Appellant the right to take notes; denied them the rights to transmit messages and information to the Appellant; secretly took pictures of counsel and the Appellant’s interviews and recorded briefings between the Appellant’s lawyers and the Appellant, scanned documents meant for the Appellant from the Appellant’s team of lawyers and even refused to allow lawyers to the Appellant deliver letters to the Appellant.


“The action of the Respondent in the instant case is a flagrant violation of the appellant’s right to counsel of his own choice as stipulated in Section 36 (6) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”


He also accused Justice Nyako of erring in law by ordering for accelerated hearing of the case given the facts of the case showing that the respondent had consistently refused to afford the Appellant the right to adequate facility to prepare for the defence of the charges leveled against the Appellant and his right to counsel, and thereby occasioned miscarriage of justice against the Appellant and in favour of the Respondent.

Kanu stressed that the judge “Cannot order accelerated hearing of a criminal charge where it is brought to the attention of the Court that the Appellant is denied the adequate facilities to prepare his defence and his right to counsel.

“The order for accelerated hearing of the case in face of the constitutional breaches of fair hearing/trial rights of the Appellant is a credence to the Respondent to proceed on the unconstitutional denial of the Appellant his right to adequate facilities to prepare for his defence and his right to counsel of his choice.”

TouchNfollow:
Ekpa should replace the word "clown" in the dictionary.

naturalman:
Let's make this stuff go viral

NGArmyTerrorist:
We will buy it to collapse the Zoo financial institutions.

femi4:
A foolish man does not accept the things of the spirit

Ejiakusmith:
May God almighty the father of Jesus Christ whom you mocking make ur life frustrating

femi4:
The joke is on you cos you do not explain the spiritual with a natural mind. People that do that are called spiritual illiterate

123yes:
You are a fool an animal like you who don't have god you are serving. A real moslem can never talk less about Jesus Christ. But fool like you does.

Beelisam:
You too want to be cursed till your third generation?

CharleyBright:
All the biased ragtag Nairaland moderators will see this insidious comment and walk pass.
Na to target and select people to ban.
If I was owner of Nairaland, I would have fired most of them.

Nbote:
Why dis guy hasn't been arrested beats me. Except he's actually working for the govt

mbos:
na you need the thinking more

for you wallow on without wisdom
and no not value of wisdom
priding on manipulatable smartness and intelligence
too far from absolute reality

forexprophet:
Just like your prostitute mother couldn't abort you but gave birth to a mistake like you. If I lie show Us your father. You bastard... take your anger somewhere.... We are not the reason for you not knowing your father..... Lol. I know you very well and your history

Abelino:
You re a fool. Bloody Hypocrites.

Abelino:
You re a fool. Bloody Hypocrites.

Riskymarvelous:
God will punish you and your generations because of that statement

Abelino:
You re the most stupid and foolish Idiot on this Forum. Too Pathetic. You need help.

freemanq:
You need help

Ekpa assured users that Biafracoin will be stable at 1 Biafracoin per USD.

freemanq:
What an insult to Christians

ValarDoharis:
You know he is not. Your tit for tat is childish

onumadu:
In other words you agree with Nnamdi Kanu that we Igbo have no business being in same country with you.
Oya release him so we go our separate ways.
Thanks in advance.

ZombieTAMER:
why wait, let's do it now

Jostoman:
Nnamidi kanu thread don turn to peterobi thread, did you people even sleep at night again because of peter obi.

ValarDoharis:
Because that is what he is!

DrChukki:
This is the way Nigerians think that has made us to be backward...

So even if the court asks him the release MNK, so he shouldn't abi?
Don't worry, na Nigeria we dey oh... If you support lawlessness for one, it's just in a short while it will get to you.

I expect you to say the law should have it's course... No be you create Nigeria and no be you write our constitution.

I'm not a supporter of MNK but I just hate rubbish comments.

Secondly, the old Facebook posts you brought up about PO, that shows you lack wisdom.

Have you ever seen any leader who everyone agrees with what he does or says? What you should look at if you're wise is the impacts of his leadership.

Both local and international Organizations and Agencies already scored him high in his performance based on verifiable facts and it was felt by all. How come you're bringing up Facebook posts that you don't even know of the posters were bittered opposion.

Bro, if you want to be valued and respected, this is my advise for you:

- think before you write/talk

- remove sentiments and base your judgment on facts and figures

- know when to keep quiet.

I wish you the best

MRSALT:
Peter Obi plays advanced politics. Politics in advanced countries is about consultation and majority participation. Thats why Peter Obi is 100yrs ahead of other Nigeria politicians, who know only about Amala and Ewedu politics.