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Nnamdi Kanu appeals against trial court’s ruling
The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has appealed against the decision of a Federal High Court (FHC), Abuja dismissing his objection to his trial continuation.
Kanu, in a notice of appeal dated and filed March 28 through his team of lawyers led by Aloy Ejimakor, prayed the Court of Appeal, Abuja to allow the appeal and set aside the trial court’s decision.
The IPOB leader had filed a preliminary objection seeking an order for some conditions to be met by the Federal Government before his trial at FHC could proceed.
He had alleged that the Department of State Service (DSS) personnel often seized documents of his lawyers during visitation, stopped his lawyers from taking notes, eavesdropped on his consultation with his lawyers on matters pertaining to his defence, among others.
He alleged that he had not been given adequate time and facilities to defend himself in accordance with Section 36(6)(b) of the 1999 Constitution (as amended).
But Justice Binta Nyako of a FHC had, in a ruling on March 19, declined to grant the objection of the detained IPOB leader.
The judge, who ordered accelerated hearing of the trial, also dismissed his application for bail.
However, Kanu, in the notice of appeal, listed the Federal Republic of Nigeria as the sole respondent.
He argued that the trial court erred in law when the court assumed jurisdiction to proceed with the hearing of the criminal trial against him when he was glaringly denied the constitutional right to fair trial.
He alleged that he was denied adequate facilities to prepare for the defence of the criminal allegations against him and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice.
“The denial of the appellant (Kanu) the opportunity to interact and brief his counsel on what line of defences the appellant tends to agitate in the trial court and rely on was adequately brought to the attention of the trial court by motion.
“The trial court failed and neglected to make necessary orders that would protect the appellant’s aforesaid rights but rather held that the court cannot dictate how the respondent carries out its work,” he said.
He said the trial court had the power to order the respondent to cease and desist from interfering with his constitutional right.
Besides, Kanu said the lower court had the power to order an alternative custodial arrangement or non-custodial arrangement for him, where it is impossible for the respondent to comply or where the respondent persists in the act.
He said: “Denial of the appellant’s right to adequate facilities to prepare defence as enshrined in Section 36 (6) (b) of the 1999 Constitution is a jurisdictional issues in the absence of which the trial court cannot assume or proceed with the jurisdiction over the case unless and until such facilities are accorded to the appellant.”
Kanu argued that though he had prayed the court to stop the DSS alleged unconstitutional acts of forcibly seizing and photocopying confidential legal documents brought to him by his lawyers meant for his defence of the charges against him, the court declined to grant the plea.
He said the trial judge erred in law when the court ordered for accelerated hearing despite the consistently refusal of the respondent to afford him the right to adequate facility to prepare for his defence of the charges levelled against him and his right to counsel.
According to him, the order for accelerated hearing of the case in face of the constitutional breaches of fair hearing/trial rights of the appellant is a credence to the respondent to proceed on the unconstitutional denial of the appellant his right to adequate facilities to prepare for his defence and his right to counsel of his choice.
“In the present case, where Sections 36 (6) (b) and (c) of the Constitution are violated by the respondent against the appellant, the trial court lacks the jurisdiction to hear and or proceed with the hearing of the case,” he added.
The IPOB leader, therefore, prayed the appellate court to allow the appeal, vacate the ruling of the lower court for the trial court to decline jurisdiction to proceed with the hearing of the case unless and until he is granted his right to fair hearing under Section 36(6)(6)(b) and (c) of the constitution.
Alternatively, he urged the Appeal Court for the trial court to order an alternative custodial or non-custodial arrangement free of interference with his said constitutional right to fair hearing.
He equally sought an order setting aside the order for accelerated hearing of the case in the circumstances of the case where he is not allowed facilities to prepare for the defence of the charges against him and denied his right to counsel. .
Kanu sought a stay of proceedings pending when the respondent affords him the constitutional safeguards of being afforded adequate facilities to prepare for his defence and his unfettered right to counsel.
News
Stop using repressive laws to intimidate journalists – SERAP, NGE tell FG
The Socio-Economic Rights and Accountability Project, SERAP, and Nigeria Guild of Editors, NGE, have called on Nigerian authorities at all levels of government to stop using repressive and anti-media laws to target, intimidate and harass journalists, critics and media houses.
The groups made the demand after an interactive session on ‘the state of press freedom in Nigeria’ held at the Radisson Blu Hotel in Ikeja.
In a joint statement, SERAP and NGE said that, “the government of President Bola Tinubu, the country’s 36 governors and FCT minister must now genuinely uphold press freedom, ensure access to information to all Nigerians, obey court judgments, and respect the rule of law”.
They expressed concerns about the escalating crackdown on the right to freedom of expression and media freedom and the flagrant disregard for the rule of law by authorities at all levels of government.
The groups note that the suppression of the press in recent times takes various forms ranging from extrajudicial to unlawful detentions, disappearances, malicious prosecutions and wrongful use of both legislation and law enforcement.
The statement read in part: “We would continue to speak truth to power and to hold authorities to account for their constitutional and international obligations including on freedom of expression and media freedom.
“Nigeria as a country has a long and unpleasant history of press gagging and clampdown on media freedom, which is evidence of extensive state censorship of media and in some cases, the utter control of state-owned media houses.
“This position has not changed considerably despite almost 25 years of unbroken democratic rule in the Fourth Republic.”
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FG adds 625MW to national grid – Minister
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Tax: Court orders FCT-IRS agency to seal off defaulting coys
A Magistrate Court sitting in Wuse Zone 2, Abuja, on Friday, ordered the Federal Capital Territory Internal Revenue Service (FCT-IRS) to seal off a company, Ifedi A.K. Nigeria Ltd, over allegations bordering on non-filing of annual returns.
The Magistrate, Janada Balami, gave the order after lawyer to FCT-IRS, Michael Towolawi, moved the application to the effect.
Towolawi told the court that the company had failed to file its annual returns from 2019 to 2023 in breach of Section 81 of the Personal Income Tax Act, LFN, 2004, and amended in 2011.
He said all efforts to make the company comply with the law proved abortive.
The lawyer, therefore, applied that the company be compel to appear before the court to explain why it acted in breach of the law.
Balami, who held that the application by the agency against the company had merit, accordingly granted same to seal the No 6, Rudolph Close, Off Katsina-Ala Street, Maitama, Abuja.
She, consequently, ordered the company, the sole defendant in the matter, to appear before the court on May 16.
The Director, Legal Services of the FCT-IRS, Festus Tsavar, told journalists after the proceeding that the service would move against companies that do not file their annual returns as provided by law.
“You know that we have a new minister in FCT that is doing a lot of projects and that hinges on money.
“And of course, you are aware that FCT has come out of TSA.
“So it is the internally generated revenue that will make the government of FCT to be able to do those projects completely within required time,” he said.
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