News on our table has it that Nnamdi Kanu heads to Appeal Court as he criticizes ruling, heads to Appeal Court – African2nice latest news about how Nnamdi Kanu heads to Appeal Court.
The legal team of the leader of the Indigenous People of Biafra, Nnamdi Kanu, led by Barrister Aloy Ejimakor, has appealed the ruling of the Federal High Court, Abuja.
In the court document filed before the Appeal Court, Kanu’s Special Counsel, Ejimakor and other members of the legal team faulted the ruling of Justice Binta Nyako of the Abuja Federal High Court of March 19, 2024.
According to the notice of appeal filed by Ejimakor with charge No: FHC/ABJ/CR/383/2015, the legal team said the High Court Appeal Court that the lower court denied Kanu’s constitutional rights to a fair trial.
The document read, “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.
“AND the Appellant further states that the names and addresses of persons directly affected by this Appeal are as stated in paragraph 5 below.
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.”
The legal team specified the Particulars of the error, as:
“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.
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