The detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has approached the Court of Appeal in Abuja, for an order stopping the Federal High Court, Abuja, from delivering judgment in his alleged terrorism trial by the federal government.
The appeal is coming almost a week to the November 20 judgment date fixed by Justice James Omotosho of the Federal High Court, Abuja.
Kanu in the fresh motion on notice asking the appellate court to stop the high court from further proceeding in the charges against him, on the grounds of his appeal against the September 26 ruling of Justice Omotosho which dismissed his no case submission and ordered him to defend the terrorism allegations against him.
The self acclaimed leader of the proscribed Indigenous People of Biafra (IPOB) is contending that the Federal High Court was wrong in dismissing his no case submission without going through the jurisdictional and validity of the charges he raised.
Among others, he argued that the lower court was wrong in upholding the charges because the Terrorism Prevention and Prohibition Act had been repealed and therefore no valid charges against him.
He also held that the Constitutional issue of jurisdiction was not addressed by the judge in the
considered ruling on no case submission.
The ground of the motion was that Justice Omotosho did not evaluate the evidence of the prosecution witnesses and the cross examination to determine whether the adduced evidence had been discredited.
“That he sought to call 23 witnesses only when the issue of jurisdiction had been determined but which the court refused to do and stating that such would be done in the final judgment.
“That the Judge foreclosed his right to defend himself from the charges while refusing to rule on his objections to validity of some of the counts in the charges.
Kanu said that if his request to stop the judgment delivery was not granted by the Court of Appeal, he may be unlawfully convicted and sentenced to jail.
Besides, he feared that if the November 20 judgment is delivered, his appeal against the no case submission would become a mere academic and a fait accompli would therefore be foisted on the Court of Appeal.
The Biafra nation agitator submitted that neither himself nor the Federal High Court would be prejudiced if the application is granted.
In a 13- paragraph affidavit in support of the motion, Kanu raised the issue of disobedience to Supreme Court order on the validity of count 7 in the charges against him and the failure to apply mandatory test under section 303 of Administration of Criminal Justice Act 2015 ACJA.
According to him, the Supreme Court made it clear that count 7 was no longer an offence in Nigeria, having been allegedly repealed.
In the affidavit he personally deposed to, he said that his pending appeal against the no case submission raised substantial recondite and Constitutional issues of law.
He specifically averred that counts 1 to 6 in the charges against him were predicated on repealed statute, hence, no validity charges against him.
Meanwhile, no date has been fixed for hearing of the motion on notice by the Court of Appeal.
