…Say’s it’s violation of constitution
Stephen Ukandu, Umuahia
Mr Aloy Ejimakor, Special Counsel to the detained Leader of the Indigenous People of Biafra, IPOB Mazi Nnamdi Kanu, has expressed sadness over the failure of the Supreme Court, to release the Certified True Copy, CTC, of its judgment in Kanu’s case, 33 days after the judgment was delivered.
The apex court had on December 15, 2023, decided on the matter, but according to Ejimakor, every application by Kanu’s legal team to have access to the CTC, is yet to be granted.
Ejimakor in a statement Wednesday, accused the Supreme Court of violating the Nigerian Constitution by ignoring applications by Kanu for the CTC of his judgment to enable him take further necessary actions.
The statement made available to Ikengaonline read: “Today makes it Thirty-Three (33) days after Supreme Court delivered the final judgment in the case of 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, the Supreme Court is yet to comply.
“This failure to release the said CTC is a flagrant violation of the Constitution that entitles Nnamdi Kanu to be issued copies of the judgement within seven days of the delivery of the judgment on 15th December 2023. It is a fundamental right and thus enforceable.
“Section 36 (7) of the Constitution provides that: “When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.”
“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.”
Kanu has remained in a solitary confinement at the Abuja headquarters of the Department of State Services, DSS, since his extraordinary rendition from Kenya in 2021.
The Court of Appeal sitting in Abuja, had quashed all 15 counts of treason charge preferred against him and ordered his immediate and unconditional release.
But the Supreme Court which granted an order of stay of execution, on December 15, said Kanu could be arraigned at the High Court although it condemned his abduction and extraordinary rendition from Kenya.