Kanu therefore asked the apex court to allow the cross-appeal and set aside the judgement of the appellate court made on October 13, 2022 as it relates to issues 2, 3 and 5 which he addressed in his cross-appeal.
By Jeffrey Agbo
Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a cross-appeal at the Supreme Court against some issues in the judgement delivered by the Court of Appeal on October 13, 2022.
Kanu filed the appeal on Monday on three grounds through his lawyers led by Mike Ozekhome (SAN), according to court documents seen by The Niche on Tuesday.
According to the first ground of appeal, “The Court below erred in law when it held that “the main purpose of a charge is to give the accused person a notice of the case against him and that is why the law is that an omission in a charge will only be fatal if it does not put an accused person on proper and sufficient notice of the case against him to enable him prepare adequately for his defence,” without due deference to the mandatory requirements of the laws, which limit the criminal jurisdiction of the Federal High Court only to criminal offences committed within the jurisdiction of the court, in line with the clear provisions of section 45 of the Federal High Court Act; and also the compulsory requirement that the particulars of the place/situs and time the alleged offence was committed, must be stated with clarity and precision in the charge, and thereby occasioned a miscarriage of justice.”
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Ground two reads, “The court below erred in law when it held that as long as the appeal against the proscription of the Indigenous People of Biafra (IPOB) has not been determined, the order of proscription is still valid and subsisting, and thereby occasioned a miscarriage of justice.”
Ground three reads, “The learned court below erred in law when it held that it is only when evidence has been adduced by the prosecution in proof of its case and the proof of evidence is thus admitted in evidence, that the competency or otherwise of the proof of evidence/charge can be attacked; and that as such, it was premature to make pronouncement on the relative strength of proof of evidence before the commencement of trial, and thereby occasioned a miscarriage of justice.”
Kanu therefore asked the apex court to allow the cross-appeal and set aside the judgement of the appellate court made on October 13, 2022 as it relates to issues 2, 3 and 5 which he addressed in his cross-appeal.
The IPOB leader also wants the court to order the Federal Ministry of Justice, which is the cross-respondent in the suit, to immediately release him from the custody of the Department of State Services (DSS) where he has been since June 26, 2022 following his extraordinary rendition from Kenya.
, Nnamdi Kanu, has filed a cross-appeal at the Supreme Court against some){kind=link}