The legal representatives of Nnamdi Kanu, the embattled leader of the Indigenous People of Biafra (IPOB), have filed an appeal against the Nigerian government at the Court of Appeal in Abuja. The appeal challenges Kanu’s alleged clandestine trial on June 29, 2021, conducted without the knowledge or presence of his legal team.
Alleged Secret Trial
Aloy Ejimakor, Kanu’s lead counsel, revealed in a statement that the IPOB leader was secretly arraigned before the Federal High Court in Abuja, resulting in an order for his detention. The proceedings reportedly took place without notifying Kanu’s lawyers, violating several constitutional provisions.
Ejimakor stated, “On June 29, 2021, Mazi Nnamdi Kanu was surreptitiously brought before the court. The court conducted a hearing in secrecy and ordered his detention, all without informing his counsel, who the court recognized.” He described this action as unconstitutional and breaching Kanu’s fundamental rights.
Grounds for Appeal
The appeal filed by Kanu’s legal team includes the following grievances:
- Violation of Constitutional Rights: The secret hearing violated sections 36(3), 36(4)(a), and 36(6)(c) of the Nigerian Constitution, which mandate public trials, fair hearings, and the right to legal representation.
- Illegal Detention: Kanu’s remand to the custody of the Department of State Services (DSS) instead of a lawful prison facility contravened the provisions of Section 169 of the Administration of Criminal Justice Act (ACJA) 2015.
- Extraordinary Rendition: The appeal also references Kanu’s abduction in Kenya and his forcible return to Nigeria, emphasising the illegality of his rendition under international law and Nigeria’s domestic legal framework.
Trial: Request for Extension of Time
The appeal seeks an extension of time to challenge the criminal proceedings and the order of remand issued by Justice Binta Nyako on June 29, 2021. According to Ejimakor, the delay in filing the appeal was due to inadvertence on the part of the previous counsel, Ifeanyi Ejiofor.
Ejimakor stated that upon assuming leadership of Kanu’s legal team, he identified the necessity of filing this appeal to address the lapses in Kanu’s defence.
Specific Appeal Highlights
The legal team is requesting the court to:
- Nullify the secret proceedings of June 29, 2021.
- Declare the detention order unconstitutional.
- Set aside Kanu’s remand to DSS custody and ensure compliance with the proper legal procedures for detention.
Broader Context
The case against Kanu stems from charges of treason, terrorism, and other offences tied to his activism for Biafran independence. His extraordinary rendition from Kenya and subsequent trial have drawn widespread criticism from human rights organisations and the international community, citing violations of due process and international law.
Next Steps
The Nigerian government has yet to respond to the appeal. The outcome of this case could have significant implications for Kanu’s ongoing legal battles and the broader human rights discourse in Nigeria.
This development represents a critical juncture in Kanu’s pursuit of justice, with his legal team determined to uphold his constitutional rights.
