Nnamdi Kanu rejects Justice Nyako’s ruling, DSS action, appeals judgement  

The leader of the Indigenous People of Biafra, IPOB, has rejected the ruling of Justice Binta Nyako of the Abuja Federal High Court of March 19, 2024.

According to them, 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.”

A notice of appeal filed by Ejimakor 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 she could not make orders directing a security agency on how to do their work.