Nnamdi Kanu Asks Court For Extension Of Time To Appeal 2021 Ruling That Ordered His Detention
Barrister Aloy Ejimakor, the Special Counsel to Kanu, who made this known on Thursday said that the detained IPOB leader who was arrested in Kenya in June 2021 was secretly presented in Court on June 29, 2021.he detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a motion on notice application at the Court of Appeal, Abuja, seeking an extension of time to appeal the judgment of the Federal High Court that ordered his detention in June 2021.
Barrister Aloy Ejimakor, the Special Counsel to Kanu, who made this known on Thursday said that the detained IPOB leader who was arrested in Kenya in June 2021 was secretly presented in Court on June 29, 2021.
Ejimakor said, “The Court secretly held a hearing & ordered him detained. All these were done without notice to his Counsel who was well known to the Court. This is unconstitutional.”
In the application by Kanu’s legal team led by Ejimakor, Kanu who is the appellant/applicant prayed the Appeal Court for an Order extending the time within which the he may appeal against the criminal proceedings and the Order of remand/detention made thereof by Justice Binta Nyako of the Federal High Court on June 29, 2021 in Charge No: FHC/ABJ/CR/383/201 between him and the Nigerian government.
He noted in the application that he is applying for an extension of time to file his appeal because the time for the appeal has elapsed.
The application further stated, “Take Notice that the Appellant/Applicant, being dissatisfied with the decision of the Federal High Court sitting at Abuja contained in the Ruling of His Lordship, Hon. Justice Binta M.F Nyako, delivered on 29th day of June, 2021 in Charge No: FHC/ABJ/CR/383/201, more particularly set out at Paragraph 2, do hereby file this Proposed Notice And Grounds Of Appeal to the Court of Appeal upon the Grounds set out at Paragraph 3 and will at hearing of the Appeal seek the Reliefs set out in Paragraph 4 of this Notice and Proposed Grounds of Appeal.
“And Take Further Notice that the names and addresses of persons directly affected by this appeal are those set out in Paragraph 5 of the judgment.”
The applicant noted that the grounds of the application include, “The learned trial Judge erred in law when His Lordship denied the Appellant/Applicant Fair Hearing in the proceedings conducted on 29th day of June 2021 which gave rise to the Ruling/Order upon which the Appellant/Applicant is remanded and detained from 29th June 2021 to this day.
IPOB Leader, Nnamdi Kanu Asks Court For Extension Of Time To Appeal 2021 Ruling That Ordered His Detention
“The said proceedings which were conducted and which led to the detention/remand of the Appellant/Applicant was conducted without the Appellant/Applicant being heard, and being committed to the custody of the Complainant/Respondent (instead of a prison), in violated of the provisions of Section 169 of the Administration of Criminal Justice Act 2015 which provides that: “Where a defendant has been admitted to bail and circumstances arise which, in the opinion of the Attorney-General of the Federation would justify the court in cancelling the bail or requiring a greater amount, a court may, on application being made by the Attorney-General of the Federation, issue a warrant for the arrest of the defendant and, after giving the defendant an opportunity of being heard.may commit him to prison to await trial, or admit him to bail for the same or an increased amount.” [Underline ours for emphasis].”
IPOB Leader, Nnamdi Kanu Asks Court For Extension Of Time To Appeal 2021 Ruling That Ordered His Detention
The applicant sought, “An Order allowing the Appeal and setting aside the Order of Remand of the Appellant/Applicant made by the Federal High Court, Abuja Judicial Division, coram His Lordship Hon.Justice Binta M.F Nyako alongside the proceedings of 29th day of June 2021.
“An Order admitting Appellant/Applicant to bail for the same amount he previously was granted bail or for an increased amount.”
IPOB Leader, Nnamdi Kanu Asks Court For Extension Of Time To Appeal 2021 Ruling That Ordered His Detention
In the alternative, the applicant sought, “An Order setting aside the committal of the Appellant/Applicant to the custody of the Complainant/Respondent (at the State Security Services cell) and instead committing the Appellant/Applicant to prison custody.”