The detained chief of the Indigenous Individuals of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a brand new movement earlier than the Federal Excessive Court docket in Abuja, searching for to cease his ongoing terrorism trial.
Within the recent go well with, Kanu is asking the courtroom to quash all costs in opposition to him and finish the case completely.
He argued that the terrorism counts filed in opposition to him have been primarily based on a repealed regulation, making the prosecution unlawful.
By his authorized workforce, Kanu is searching for a number of declarations and orders from the courtroom. His counsel insists that all the trial violates the Nigerian Structure, the African Constitution on Human and Peoples’ Rights, and former judgments of appellate courts.
In response to the movement, “the Federal Excessive Court docket’s 2017 order proscribing IPOB, obtained whereas Justice Binta Nyako’s ruling that ‘IPOB is just not an illegal society’ was nonetheless in power, is illegal and can’t type the premise of legal legal responsibility.”
Kanu additionally argued that his extraordinary rendition from Kenya to Nigeria with out correct extradition proceedings stripped the courtroom of the facility to proceed attempting him.
He maintained that “his prosecution violates his proper to a good listening to and confidential communication with counsel,” citing claims that DSS operatives monitor his conferences with attorneys and seize authorized paperwork.
The IPOB chief additional famous that “counts 1–8 of the amended 15-count cost filed in January 2022 represent double jeopardy,” as they have been primarily based on the identical info as earlier counts that had already been struck out by the courtroom.
He acknowledged that the Terrorism (Prevention and Prohibition) Act 2022, which took impact on Could 12, 2022, repealed the sooner variations beneath which he’s being tried, making all costs “statutorily useless.”
Kanu stated, “From 12 Could 2022, the 2011/2013 regime ceased to have authorized impact. Consequently, all terrorism counts framed beneath the repealed 2013 Act are void and incapable of founding any prosecution.”
He additionally talked about that one of many costs beneath the Customs and Excise Administration Act (CEMA) is invalid, because the regulation was repealed by the Nigerian Customs Service Act 2023.
Citing the Court docket of Enchantment judgment of October 13, 2022, which discharged him and barred additional trial, Kanu argued that “by motive of his extraordinary rendition, the decrease courtroom, or certainly any courtroom on this nation, is divested of jurisdiction.”
He reminded the courtroom that regardless of the appellate discharge order, he remained in custody for days earlier than the Federal Authorities sought a keep of execution; an motion his attorneys described as contempt of courtroom.
Kanu additionally accused the Division of State Providers (DSS) of violating his constitutional rights by allegedly eavesdropping throughout his conferences along with his attorneys and confiscating authorized supplies meant for his protection.
The IPOB chief urged the courtroom to strike out all the case, describing the continued trial as “an affront to constitutional supremacy and the rule of regulation.”
“To allow a trial beneath repealed enactments would render legislative repeal meaningless and supplant parliamentary authority with government fiat,” he added.
Nonetheless, this newest movement is a part of ongoing authorized battles surrounding Kanu’s detention since June 2021, after his controversial return from Kenya.