By Adadareporters
Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra, has gone to the Court of Appeals seeking stay of proceedings in his trial until his fundamental right to fair hearing is guaranteed.
Kanu, in a suit filed by his lead counsel, Barr Aloy Ejimakor, among others, is seeking to be transferred to Kuje prisons or any other guaranteed place aside the custody of the Department of State Services where he would have unhindered access to his legal team ahead of his defence. The federal government is the respondent in the suit.
Kanu, among others, also wants the Court of Appeals to order the respondent to “stop the unconstitutional acts of forcibly seizing and photocopying confidential legal documents brought” to him by his lawyers meant for his defence of the charges against him.
Recall that Justice Binta Nyako of the Federal High Court, Abuja, had on March 19th, 2024, ruled against Kanu’s request to be moved to Kuje prisons. Kanu’s lead counsel, Barr Ejimakor, had prayed the court to grant Kanu’s request to enable him to have full access to his counsel preparatory to his defence. The federal government’s lawyer, Asiwaju Ademoyega Awomolo, SAN, had countered the request on the ground that Kanu would jump bail.
In the charge number FHC/ABJ/CR/383/2015, Kanu wants the trial court “to decline jurisdiction to proceed with the hearing of the case unless and until he is granted his right to fair hearing under Section 36(6)(6)(b) and (c) of the Constitution; or in the alternative for the trial court to order an alternative custodial or non-custodial arrangement free of interference with his said constitutional right to fair hearing.”
Kanu is also asking the Appeal Court to “Set aside the order for accelerated hearing of the case in the circumstances of the case where he is not allowed facilities to prepare for the defence of the charges against him and denied his right to counsel.”
Other reliefs sought are: “Staying the proceedings pending when the respondent affords him the constitutional safeguards of being afforded adequate facilities to prepare for his defence and his unfettered right to counsel.”
The grounds of the appeal, filed by Ejimakor, are anchored on claims that, “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 learned trial judge erred in law when the court held that ‘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 interview with his counsel within the confines of the law’, and in the process occasioned grave miscarriage of justice against the appellant.
“The learned trial judge erred in law when the court ordered 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 levelled against the appellant and his right to counsel, and thereby occasioned miscarriage of justice against the appellant and in favour of the respondent.”
Kanu is being tried over alleged jumping bail, treason and running a proscribed group. He was renditioned from Kenya to Nigeria in 2021, and had since then been in the custody of the DSS in Abuja.
