Kanu appeals Justice Nyako’s ruling against his objection to court’s jurisdiction

Kanu through his Special Counsel, Chief Aloy Ejimakor, filed the notice of appeal on Tuesday at the Court of Appeal in Abuja.The statement made available to Vanguard Tuesday night read:”Earlier today , I filed a Notice of Appeal with the Court of Appeal in Abuja against the 19th June 2024 ruling of Justice Binta Murtala-Nyako, refusing Mazi Nnamdi Kanu’s application objecting to the jurisdiction of the Federal High Court to subject him to trial.

The notice of appeal further read:”TAKE NOTICE that the Appellant being dissatisfied with the Ruling of the Federal High Court, Abuja Division coram: B.F.M Nyako, J. delivered on the 19th June, 2024, more particularly set out in Paragraph 2, doth hereby appeal to the Court of Appeal, Abuja upon the grounds set out in Paragraph 3 below and will at the hearing of the Appeal seek the Reliefs set out in Paragraph 4 of this Notice of Appeal..

“b. As a matter of trite law, the Appellant can only exercise the option of appeal after the trial court has pronounced a ruling on the instant preliminary objection, not before. It is markedly strange, in our jurisprudence, to suggest that appeal of the said seven Counts should precede or take the place of the instant preliminary objection raised before the court below.

“4, Further to the above, especially as it concerns the validity of the remaining or “retained” Counts of Charge, the trial court conceded or correctly stated that “the Supreme Court did not determine the validity of the counts”, thus occasioning a grave miscarriage by refusing to make said determination when the instant application was on the validity of the said retained counts.

Source: Law Daily Report (lawdailyreport.net)

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