S’COURT’S FAILURE TO RELEASE KANU’S CASE DOCUMENTS VIOLATES CONSTITUTION – LAWYER
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Aloy Ejimakor, Special Counsel to the Leader of the Indigenous People of Biafra, Nnamdi Kanu, has criticised the Supreme Court over its alleged refusal to release the Certified True Copies of the ruling on December 15, 2023.
Ejimakor said the failure of the country’s apex court to release the CTC of the judgement in Kanu’s case has breached the Constitution.
Kanu’s lawyer made this known in a press release titled, ‘Re: Supreme Court’s failure to release CTC of its judgment in Nnamdi Kanu’s case violates the Constitution’ issued on Wednesday.
Recall that the Supreme Court ruled on the IPOB leader’s case on December 15 last year, and quashed his release.
Speaking on the ruling which occurred over a month ago, Kanu’s lawyer said, “Today makes it Thirty-Three (33) days after the Supreme Court delivered the final judgment in the case of Federal Republic of Nigeria versus Mazi Nnamdi Kanu.”
The statement read, “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 has 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.”
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