Ejimakor, who said this in a statement issued on Wednesday, said that it has been 33 days after the apex court delivered its final judgment in Kanu’s case on December 15, 2023 but it failed to release the CTC of the judgment.
Barrister Aloy Ejimakor, the special counsel to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has said that failure of the Supreme Court of Nigeria to release the Certified True Copy (CTC) of its judgment on the IPOB leader’s case has amounted to violation of the 1999 Constitution of the Federal Republic of Nigeria.
Ejimakor, who said this in a statement issued on Wednesday, said that it has been 33 days after the apex court delivered its final judgment in Kanu’s case on December 15, 2023 but it failed to release the CTC of the judgment.
Recall that the Supreme Court had, in its judgment on December 15, 2023, ordered that the case between the detained IPOB leader and the Nigerian government be remitted to the Federal High Court for consideration of a trial.
But Ejimakor said that “Today makes it 33 days after the Supreme Court delivered the final judgment in the case of the Federal Republic of Nigeria versus 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 judgment 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 judgment in the case within seven days of the conclusion of the case.’”
“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 defence without the CTC of the said judgment and the order.”
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