The Supreme Court’s failure to release certified true copies of its judgment on Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), is a violation of the Nigerian Constitution, Aloy Ejimakor, special counsel to the IPOB leader, has said.
The Supreme Court had, on 15 December 2023, ordered a continuation of Mr Kanu’s terrorism trial at the Federal High Court, Abuja.
Mr Ejimakor, in a statement on Wednesday, said the court has failed to transmit copies of its judgment after more than 33 days.
“Following 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,” he said.
The lawyer cited section 36 (7) of the constitution which 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.
“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,” Mr Ejimakor noted.
Implications
The IPOB lawyer said the Supreme Court’s failure implied that “the Federal High Court cannot proceed with consideration of any trial” without the certified copies of the judgment and the “enrolled order.”
“Similarly, Kanu’s lawyers cannot proceed with his defence without the certified true copies of the said judgment and the order,” he added.
Background
Mr Kanu was first arrested in 2015 during President Muhammadu Buhari’s administration.
The Court of Appeal, Abuja, on 13 October 2022, held that the IPOB leader was extra-ordinarily renditioned to Nigeria and that the action was a flagrant violation of the country’s extradition treaty and also a breach of his fundamental human rights.
The court, therefore, struck out the terrorism charges filed against Mr Kanu by the Nigerian government and ordered his release from the facility of the State Security Service.
READ ALSO: Nnamdi Kanu decries delayed transmission of his case file to Abuja court
But the government refused to release the IPOB leader, insisting that he (Kanu) could be unavailable in subsequent court proceedings if released and that his release would cause insecurity in the South-east, where he comes from.
The government, through the office of the Attorney-General of the Federation, later appealed the court ruling and subsequently obtained an order staying the execution of the court judgment at the Supreme Court.
Delivering judgment on the appeal on 15 December, the Supreme Court reversed the acquittal granted to Mr Kanu by the lower court and consequently ordered a continuation of his trial at the Federal High Court Abuja.
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