UPDATE: NNAMDI KANU FILES PRELIMINARY OBJECTION OVER ALLEGED TREASONABLE FELONY
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The trial judge, Justice Binta Nyako, has been asked to deny jurisdiction in a preliminary objection submitted by the lawyers for Nnamdi Kanu, the leader of the indigenous people of Biafra, who is currently in detention. The request was made in a Federal High Court in Abuja.
Whether the court has the authority to try Kanu for any or all of the offences listed in charges 1, 2, 4,5, and 8 and to void those charges on the grounds that the legislation upon which they were based is unconstitutional is one of the issues that needs to be resolved.
They drew attention to the fact that the Nigerian constitution binds the court in two cases involving foreign tribunal rulings that oppose Kanu’s arrest, custody, prosecution, and trial.
They added that Kanu’s current trial is an abuse of the legal system, as the legislation under which he is being tried has been repealed and is not backed up by any evidence.
Kanu’s attorney is also requesting that the court deny authority to consider Count 15, citing inconsistencies with the Administration of Criminal Justice Act, extraterritorial jurisdiction, and a lack of supporting evidence and legal precedent.
They request that count three of the accusations be given additional notice to the court because they attempt to penalise Kanu for an act that was not illegal at the time it happened and constitutes a misuse of the legal system.
On Monday, Kanu’s request to have his revoked bail restored and to be transferred from the Department of State Services (DSS) to either house arrest or prison custody was denied by Justice Nyako.
In granting Kanu’s plea, Justice Nyako declared that she had conclusively determined that Kanu had jumped the previous bail that had been set and fled the nation.
The judge further declared that the sureties who had previously posted bail on his behalf had requested to be released and had been released on the grounds that they were unable to find Kanu and were unaware of his location.
Justice Nyako said that the only option left for Kanu, was to go to the Court of Appeal, and proceed to the appellate court to exercise his right of appeal.
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