Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has filed an application at the Abuja Court of Appeal seeking an extension of time to challenge the Federal High Court’s June 2021 ruling that sanctioned his detention.
The legal filing, made by Kanu’s counsel, Barrister Aloy Ejimakor, highlights alleged procedural irregularities during the initial court proceedings. According to Ejimakor, the IPOB leader was secretly arraigned in court on June 29, 2021, shortly after his controversial arrest in Kenya.
Ejimakor stated, “The court conducted a hearing and ordered his detention without notifying his legal counsel, despite their established relationship with the court. This action is unconstitutional.”
Kanu’s legal team argues that the trial violated the principle of fair hearing, as the proceedings were carried out without the defendant’s full representation or opportunity to present his case.
The motion requests an extension of time for Kanu to file an appeal against the criminal proceedings and the detention order issued by Justice Binta Nyako of the Federal High Court in Abuja. Kanu’s counsel emphasized that the timeline for filing the appeal had expired, necessitating the extension.
The application outlines specific grounds for appeal, including:
- A claim that the trial judge denied Kanu fair hearing during the June 29, 2021 proceedings.
- Allegations that Kanu’s detention was conducted in violation of Section 169 of the Administration of Criminal Justice Act 2015, which mandates proper procedures for revoking bail and committing defendants to custody.
- Reliefs Sought by the Appellant
Kanu’s legal team is seeking several remedies, including:
1. An order overturning the Federal High Court’s detention ruling from June 29, 2021.
2. An order granting Kanu bail under the same or revised conditions as previously set.
3. Alternatively, transferring Kanu from the custody of the State Security Service (SSS) to standard prison custody.
The legal filing underscores the importance of adhering to constitutional rights and maintaining procedural integrity in judicial processes.
Nnamdi Kanu was arrested and extradited from Kenya in June 2021, sparking widespread debate over the legality of his detention and the treatment of his case in Nigerian courts. His legal team continues to argue that his fundamental rights have been violated, citing the lack of transparency and fairness in the initial proceedings.