The Supreme Court has overturned a decision made by a lower court that had dropped the terrorist charges against Nnamdi Kanu, the head of the Indigenous People of Biafra.
The supreme court ruled that the trial court was unable to try him because the prosecution had infringed upon his rights, and that the court of appeals was incorrect.
The court denounced and deemed reckless the raid of Kanu’s residence in the ruling drafted by Justice Garba Mohammed.
The court ruled that no national statute could prevent a trial from proceeding because a suspect’s rights had been violated.
Mohammed questioned whether the court should be dissuaded from considering the crime if the police demolished a suspect’s home in order to gather evidence.
“A civil case should be the route of his remedies. Because of the suspects’ rights being violated, the proceedings cannot be halted; at least not under current law.
We made the decision to forego using the court of appeals. Nigeria needs to repair its reputation and uphold the law, even though we denounced the infringement of his rights. If someone was given bail, why did you break into his home? It is careless to do that. He’s not to blame for taking off.
“Despite the FG’s illegal action, no law in the nation deprived the trial court of the authority to proceed with Kanu’s case.
“Legality must have its say. The trial court couldn’t, contrary to what the Court of Appeal claimed.