Decision To Put Kanu In Sokoto Insensitive To His Rights, Says Ejimakor

The legal consultant to the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, Aloy Ejimakor, has described the decision to transfer his client to a correctional facility in Sokoto as “very insensitive” to his constitutional rights and his ability to initiate an appeal.

Speaking during an interview on channel television’s morning brief on Monday, Ejimakor said that the transfer, made shortly after the sentencing, undermines Kanu’s right to fair hearing and complicates the steps required for him to challenge the judgment delivered by the Federal High Court in Abuja.

“It is well known to the whole world and to the court, the high court, and to everybody else who is a stakeholder in this case that Mazi Nnamdi Kanu has no legal counsel. So as I speak, he still represents himself.

“But see, after the sentencing, I was surprised, and I think everybody else who was monitoring this case was surprised, that he was plucked from Abuja and taken all the way to northwest Nigeria,” Ejimakor said.

THE WHISTLER reports that the Department of State Services (DSS) had transferred the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, to the Nigerian Custodial Centre in Sokoto 24 hours after his sentencing.

Speaking, Ejimakor questioned how Kanu would be able to take the necessary steps to initiate an appeal from the Sokoto prison, saying those processes require both proximity and physical participation.

“So you begin to ask, how can he effectively prosecute his appeal, or even take the initial steps towards initiating his appeal? Initiating an appeal is not an easy thing to do.

“He has to file a notice of appeal, he has to request for the transcripts of the record of proceedings before the high court, pay for them, review them, and do all sorts of things And these things require his personal, physical presence to get these things accomplished, unless he hires a lawyer,” he stated.

According to him, Kanu has not informed anyone that he has hired a legal representative or indicated any interest in hiring anyone which makes it more worrisome as to how he would appeal his case from his prison location in Sokoto.

Ejimakor also explained that the Court of Appeal division in Sokoto lacks jurisdiction over the matter, which falls under the Abuja division.

He said those who made the decision to move Kanu to Sokoto did not take into account these concerns, insisting that the decision wasn’t a fault from the trial judge but was taken by the executive arm of government, the correction service in particular.

He stressed that Kanu retains constitutional protections despite his conviction, warning that the current arrangement poses a clear obstacle to Kanu’s right to appeal.

“It is very insensitive to his rights. Prisoners do have rights. That you are in prison doesn’t mean you have lost your rights under Chapter 4 of Nigerian Constitution, your fundamental rights, in particular Section 36, which is really what is relevant now.

“Can Nnamdi Kanu effectively prosecute his appeal or even initiate it from that location in Sokoto? The answer is no,” he said.

He suggested that in the coming weeks, efforts may be made to seek the relocation of Kanu to a prison closer to Abuja, noting that the judge did not order his detention in Sokoto and that several facilities around Abuja including those in Suleja and Keffi would have been more suitable to ease access to his relatives, consultants, and the Court of Appeal.

Ejimakor also reflected on the trajectory of the case since 2021, saying Kanu had faced a system whose “discretion was against him,” referencing his rendition from Kenya as an example of early prejudice in the process.

He however, maintained that the most pressing issue now is ensuring Kanu’s constitutional right to appeal is not frustrated by his detention conditions.