Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has undertaken legal steps to stop the November 20 judgment in the case filed against him by the Nigerian Government.
The case, which is before Justice James Omotosho of Abuja Federal High Court, was adjourned for judgment after Kanu refused to enter his defence on the grounds that the charges against him were not meritorious. However, the IPOB leader has now approached the appellate court, urging it to stay the delivery of the High Court judgment pending the determination of the appeal.
In a motion he filed before the Court of Appeal, pursuant to section 36(1) of the Nigerian constitution, said he may be unlawfully convicted if his application is not granted. The motion is seeking “AN ORDER staying the proceedings of the trial court in Case No. FHC/ABJ/CR/383/2015: FEDERAL REPUBLIC OF NIGERIA VS. NNAMDI KANU Currently pending before Justice James K. Omotosho pending the hearing and determination of the appeal pending against its decisions in the case, particularly on: “Its decision on the No Case Submission. Its refusal to determine its jurisdiction and the validity of the counts under which the Appellant is being tried.
“Its foreclosure of the Appellant’s right to defend the case by fielding witnesses. ANY ORDER(S) as the Honourable Court may deem fit to make in the circumstances of the application.”
He specifically averred that “If the application is not granted, the Appellant may be unlawfully convicted without being afforded the opportunity of knowing the validity of the counts, the jurisdiction of the trial court and offering defence on the merit.
“Further proceedings on the matter will stultify the Appellant’s right of appeal and any appellate decision fait accompli. The trial court and the Appellant would not be prejudiced if the application is granted, the case having prolonged since the year 2015 only to commence before the instant court some times in this year 2025.”
