Lawyers of detained leader of the indigenous people of Biafra IPOB, 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 offenses 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They also stated that the law under which KANU is currently being tried in the counts, has been repealed, and is also not supported by proof of evidence, adding that it is an abuse of court process.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.
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