The detained leader of Indigenous People of Biafra, Mazi
Nnamdi Kanu has gone to court to challenge the practice direction of the
Federal High Court which ordered that his trial should be done in secret.
He asked the court to declare that the provisions of Order
III of the Federal High Court Practice Directions (On Trial of Terrorism Cases)
2022, were already the subject of Section 36 (4)(a) and (b) of the constitution
of the Federal Republic of Nigeria, 1999, as amended, and consequently, “they
areotiose, inoperative and outrightly ultra vires.”
Kanu in the origination summons filed by his lawyer, Ifeanyi
Ejiofor, asked the court to declare it “invalid, null, void and of no effect
whatsoever.”
The Chief Judge of the Federal High Court, Justice John
Tsoho, and its Chief Registrar were listed as defendants in the suit which
processes were obtained by journalists on Monday.
Justice John Tsoho had released a new practice direction for
the trial of terrorism cases before the court.
The cases of Nnamdi Kanu, Bureau de Change operators
indicted over sponsorship of terrorism, and Boko Haram suspects are currently
before the court.
Justice Tsoho said the new practice direction was in the
exercise of his constitutional powers as enshrined in Section 254 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended).
Under the new arrangement, the court said media coverage of
proceedings is strictly prohibited.
“Coverage of proceedings under these practice directions is
strictly prohibited, save as may be directed by the court. A person who
contravenes an order or direction made under these practices shall be deemed to
have committed an offence contrary to Section 34(5) of the Terrorism (Prevention)
Act 2011 as amended,” the document stated.
The IPOB leader also wants an order of perpetual injunction
restraining the defendants , whether by themselves, servants, agents, privies,
and all other officers and agents of the Federal High Court of Nigeria from
applying and enforcing the provisions of the Federal High Court Practice
Directions (On Trial of Terrorism Cases) 2022.
Others reliefs were “A declaration that the failure of the
1st defendant to first seek and obtain the approval of the Federal Executive
Council (or the National Council of Ministers) of the Federal Republic of
Nigeria prior to enacting the Federal High Court Practice Directions (on Trials
of Terrorism Cases), 2022, as required by Section 44 of the Federal High Court
Act renders the Federal High Court Practice Direction (On Trial of Terrorism
Cases) 2022, ultra vires, null and void.
“A declaration that Order III Rules 3(b) and (d) of the
Federal High Court Practice Directions (On Trials of Terrorism Cases) 2022,
which respectively empower a Federal High Court trying terrorism cases “to
receive evidence by video link, and to receive written deposition of expert
witness” are inconsistent with Items 23 and 68 of the Exclusive Legislative
List as well as Paragraph 2(b) of Part III of the 2nd Schedule to the
Constitution which confers on the National Assembly the exclusive power to make
rules of evidence, both substantive and adjectival and are therefore ultra
vires, null and void to the extent of the inconsistency
“A declaration that Order IV Rule 2 of the Federal High
Court Practice Direction (on Trial of Terrorism Cases) 2022, which provides
that a person who contravenes an order or direction made under these Directions
shall be deemed to have committed an offence contrary to Section 34(5) of the
Terrorism (Prevention) Act 2011, (as amended) isotiose and inoperative because
the National Assembly had already covered the field vide Section 34(5) of the
Terrorism Prevention Act 2011, as amended.
“A declaration that the rule-making powers of the 1st
Defendant under Section 254 of the Constitution of the Federal Republic of
Nigeria 1999 as amended, is limited to the premises of the Federal High Court
and do not extend to outside its perimeters, which are under the exclusive
responsibility of law enforcement agencies such as the Police, DSS, etc; and
“An order of this Honorable court declaring the Federal High
Court Practice Directions (On Trial of Terrorism Cases) 2022, unconstitutional
ultra vires, invalid, null, void, and of no effect.”
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