Detained leader of the Proscribed IPOB, Nnamdi Kanu on Tuesday stormed Abuja Division of the Appeal Court over the decision of the Abuja Federal High Court refusing his application challenging the court’s jurisdiction to entertain his trial.
On June 19, Kanu had filed an application challenging Justice Binta Nyako-led Federal High Court’s decision to entertain his trial.
However, Kanu through his lead counsel, Aloy Ejimakor, filed a notice of appeal before the Abuja Appeal Court over Justice Binta Nyako’s ruling.
In the notice filed before the court, Ejimakor said Justice Nyako erred in law and occasioned grave miscarriage of justice against Kanu when she said: “The main claim in this application deals with the counts of charge the Defendant is facing. These counts of charge that this Court had retained after a considered ruling on the counts of charge dismissing 8 of the original counts. The main issue is that, if the Defendant has a problem with the counts of charge retained, the option open is appeal.”
Ejimakor said the trial court erred in law when it considered only one out of the seven ‘jurisdictional’ grounds raised in the preliminary objection and the lone ground bordering on the repeal of the Terrorism Prevention Amendment Act 2013 (TPAA 2013), occasioned a grave miscarriage of justice against the Appellant.
He said: “The learned trial judge erred in law and thus occasioned grave miscarriage of justice against the Appellant when the trial court refused the preliminary objection even after it held that “all the arguments of counsel may be correct but it will require the court to take evidence before it can pronounce on the arguments”.
“The learned trial judge erred in law and occasioned grave miscarriage of justice against the Appellant when the trial court held that the Notice of Preliminary Objection was an abuse of judicial process and consequently struck it out.”
Nnamdi Kanu Challenges Justice Nyako’s Jurisdiction Ruling
