Justice Nyako had on Monday, dismissed the request by Kanu for the restoration of his revoked bail.
Lawyers to the detained leader of the indigenous people of Biafra, Nnamdi Kanu, have filed a Preliminary Objection at the Federal High Court Abuja, asking the trial judge, Justice Binta Nyako, to decline jurisdiction to proceed with the trial against him.
Part of the issue for determination, is whether the court has the jurisdiction to try Kanu for any, or all the offences charged against him in Counts 1, 2, 4,5 and 8, to quash the said counts on the ground that the law which the said counts were predicated, is unconstitutional.
They pointed out that there are two international tribunal decisions against the arrest, detention, prosecution and trial of Kanu, which under the Nigerian constitution, is binding on the court.
They also stated that the law under which Kanu is currently being tried in these counts, has been repealed, and is also not supported by proof of evidence, adding that it is an abuse of court process.
Counsel to Kanu is also asking the court to decline jurisdiction to entertain Count 15, because it is not in compliance with the Administration of Criminal Justice Act, not within the territorial jurisdiction of the court, and is not supported by any proof of evidence and law.
They want the court to take further notice that count 3 of the charges is unconstitutional, as it seeks to punish Kanu for an act that was not a crime when it occurred, and is an abuse of the court process.
Justice Nyako had on Monday, dismissed the request by Kanu for the restoration of his revoked bail and the removal from the custody of the Department of State Services (DSS), to a house arrest or prison custody.
In a ruling on Kanu’s request, Justice Nyako said that she found as a fact, that Kanu jumped the bail earlier granted him, and escaped out of the country.
The Judge also held that the sureties who stood for him in the earlier bail, had applied to be discharged, and had been discharged on the ground that they could not locate Kanu and did not know his whereabouts.
Justice Nyako said that the only option left for Kanu, was to go to the Court of Appeal, and proceed to the appellate court to exercise his right of appeal.
