Jonathan Nwokpor
The Supreme Court is allegedly in breach of the constitution, according to Aloy Ejimakor, Special Counsel of IPOB leader Nnamdi Kanu, because it has withheld the Certified True Copy (CTC) of the decision about the agitator.
The Supreme Court instructed the Federal High Court to take up Kanu’s case for trial in December.
Ejimakor stated that the CTC had to have been disclosed by the Supreme Court within seven days, using Section 36 (7).
In a statement he signed on Wednesday, Ejimakor said: “Today makes it Thirty-Three (33) days after Supreme Court delivered the final judgment in the case of Federal Republic of Nigeria versus Mazi Nnamdi Kanu.
“Following the delivery of said judgment on 15th December 2023, applications were filed for the release of Certified True Copies (CTC) of the Judgment and the enrolled Order. But to this day, the Supreme Court is yet to comply.
“This failure to release the said CTC is a flagrant violation of the Constitution that entitles Nnamdi Kanu to be issued copies of the judgement within seven days of the delivery of the judgment on 15th December 2023. It is a fundamental right and thus enforceable.
“Section 36 (7) of the Constitution provides that: “When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.
“It will be recalled that the Supreme Court had, in the said judgment, ordered that the case be remitted to the Federal High Court for consideration of a trial.
“To be sure, the Federal High Court cannot proceed with consideration of any trial without the certified judgment and enrolled order. Similarly, Kanu’s lawyers cannot proceed with his defense without the CTC of the said judgment and the order.”
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