Aloy Ejimakor Esq., the Special Counsel to Nnamdi Kanu, the leader of the Indigenous People of Biafra, IPOB, has accused the Supreme Court of violating the Constitution by its failure to release the Certified True Copies of the final judgment thirty-three days after.
The judgment on December 15 had set aside the judgment of the Court of Appeal and ordered the continuation of the trial of Mazi Kanu. The Supreme Court made it clear that the forced repatriation from Kenya in June 2021 by the Nigerian government did not rob the trial court of jurisdiction to entertain the IPOB leader’s trial.
“Our law is that evidence illegality obtained is valid before the court. A violation of Mr Kanu’s right should have been by way of civil proceedings. That is not our law for now,” Mr Abubakar declared.
He also ruled that no legislation provides in Nigeria that a trial should stop where the prosecution does something illegal against the defendant while standing trial. “There is a civil remedy,” Mr Tijjani Abubakar said in a lead judgment.
However, Mr Ejimakor stated on Wednesday that the Federal High Court cannot proceed with consideration of any trial without the certified judgment and enrolled order even after his client, Mazi Kanu had accepted the judgment of the apex court.
The press release reads below;
From: ALOY EJIMAKOR
RE: Supreme Court’s failure to release CTC of its judgment in Nnamdi Kanu’s case violates the Constitution
Today makes it Thirty-Three (33) days after the Supreme Court delivered the final judgment in the case of the Federal Republic of Nigeria versus Mazi Nnamdi Kanu.
Following the delivery of said judgment on 15th December 2023, applications were filed for the release of Certified True Copies (CTC) of the Judgment and the enrolled Order. But to this day (33 days later), the Supreme Court has yet to comply.
Section 36 (7) of the Constitution of the Federal Republic of Nigeria provides that: “When any person is tried for any criminal offense, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorized by him in that behalf shall be entitled to obtain copies of the judgment in the case within seven days of the conclusion of the case.” It is a fundamental right and thus enforceable.
It will be recalled that the Supreme Court had, in the said judgment, ordered that the case be remitted to the Federal High Court for consideration of a trial.
To be sure, the Federal High Court cannot proceed with consideration of any trial without the certified judgment and enrolled order. Similarly, Kanu’s lawyers cannot proceed with his defense without the CTC of the said judgment and the order.
Signed:
Aloy Ejimakor, Esq.
Special Counsel to Nnamdi Kanu.
