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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.
Gov. Douye Diri of Bayelsa has set up a committee to work out modalities for implementation of a new minimum wage for workers in the state’s civil service.
The committee is headed by Secretary to the State Government, Prof. Nimibofa Ayawei.
Other members included the Head of Service, Mrs Biobelemoye Charles-Onyeama, the Commissioner for Finance, Maxwell Ebibai, his Labour, Productivity and Employment counterpart, Ebiuwou Koku-Obiyai and the Chief of Staff, Government House, Mr Peter Akpe.
The committee has the end of May 2024 to submit its report.
Diri made the pronouncement on Wednesday at the 2024 Workers Day celebration at the Peace Park in Yenagoa.
The governor assured that his administration would implement a new minimum wage once the committee submitted its report, adding that the state workers always have emoluments as their federal counterparts.
Diri stressed that the welfare of workers had always been a top priority of his administration as attested to by the numerous worker-friendly policies he initiated.
He equally promised to commence the building of a new befitting secretariat complex for civil servants to accommodate the increasing workforce.
The state’s helmsman, who described workers as the backbone of development in society, attributed the achievements in his first tenure to the support and contributions of civil servants.
He called for continuous harmonious working relationship with his government in order to bequeath lasting legacies.
The Bayelsa helmsman also approved an annual step increment for civil servants, release of funds for completion of the state secretariat of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC).
“The committee is to immediately look into what the Federal Government has done on the proposed minimum wage and see the possibility of domesticating it in Bayelsa.
“It is given until the end of May to submit its report.
“My dear workers of Bayelsa, you have done so well. You know that you are the engine room of this government. We have succeeded because you have done so well. We receive commendations everywhere we go.
“In terms of infrastructure, human capacity building and other sectors, we have done well. I say you should continue to keep it up.”
According to him, together, we are building a Bayelsa of our dreams, a beacon of hope, a model of progress and a testament to our unity of purpose.
“The tangible evidence of these fruitful collaborations is that abundantly, we have made it clear for all to see in the plethora of transformative legacy projects that now span the length and breadth of our state, touching the lives of all Bayelsa people.
“Let us continue to work together so that the future of our state will be established.
“Beyond the ongoing renovation, we will look at the option of building a new state-of-the-art secretariat complex to accommodate the expanding workforce,” he said.
Earlier, the workers eulogised the governor for his labour-friendly policies that had improved their working condition.
In a joint address by the chairman of the NLC, Comrade Barnabas Simon, and his TUC counterpart, Comrade Laye Julius, the workers specifically thanked the governor for approving payment of wage award to all categories of workers in Bayelsa.
“We thank you for the regular conduct of promotion exercises and implementation, prompt payment of salaries of workers and pensioners, among others.
“Organised labour in Bayelsa is most sincerely grateful for your kind and favourable disposition to the needs and aspirations of workers in the state.
“Your open-door policies and swift response to most of our demands in the last four years is highly appreciated,” they said.
They, however, appealed for an upward review of the wage award, improved transportation system for workers, and mapping out of acquired lands for civil servants.
Minister of Works, Dave Umahi has said the Group Chief Executive Officer and founder of The Landmark Group, Paul Onwuanibe, cannot claim compensation from the Federal Government in connection with the demolition of structures for the Lagos-Calabar Coastal Highway.
The Federal Government is currently demolishing properties along the shoreline to create a pathway for the Lagos-Calabar Coastal Highway.
The Landmark Group, owners of the Landmark beach in Lagos State, is believed to be one of the organisations that will be highly affected by the demolition.
However, Umahi has insisted that infrastructures belonging to Landmark were spared, hence the owner can’t make claims on the Federal Government.
Addressing journalists, the minister said the beach was on the right of way and shoreline.
He said: “No claim for Landmark, we spared all his infrastructure, we don’t pay for the demolition of shanties because it is on our right-of-way, 15 meters from the shoreline, so he has no claim.
“We made all efforts to spare his infrastructure. The Landmark owner is acting like a politician, me I’m an engineer.
“While he does all the politics, I am an engineer, I’ll do the engineering work. I don’t know the attention he is seeking.”
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