Hours after judgment was delivered in the Fundamental Rights Case of Prof. Chidi Anselm Odinkalu against the Kaduna state government, Odinkalu’s lawyers at MIVE Legals, House of Justice Kaduna, have filed a notice of Appeal.

Confirming the Appeal, Gloria Mabeiam Ballason Esq, lead counsel for Odinkalu stated that the Appeal was necessary as the ruling by the trial court was at variance with the Constitution and the Fundamental Rights Enforcement rules.

Justice Peter Hoomuk Mallong of the Federal High Court sitting in Kaduna delivered judgment on Thursday 22 October 2020 in the fundamental rights case filed by Prof. Odinkalu, former Chairman of the National Human Rights Commission and current Senior Manager, Open Society Justice Initiative.

Delivering the judgment Mallong, J held that the affidavit attached to the originating process which was deposed by a different person other than the Applicant was incompetent and because it was incompetent it did not confer jurisdiction on the Court hence the fundamental rights complained of by the Applicant could not be determined. The Court awarded N5,000 (five thousand naira) as a cost to each Respondent.

Peeved therewith, he filed a three ground Notice of Appeal against the decision of the trial Court.

In his first ground, he alleged that the “the learned trial Judge erred in law which occasioned a miscarriage of justice when he did not determine any of the allegations of rights violations complained about by the Applicant but determined the case merely by holding that the affidavit filed” was incompetent and divested the Court of jurisdiction.

In addition, he said, “The learned trial Judge erred in law when it awarded a cost of #5,000 each to the Respondents herein, the Applicant having not violated any rules of Court”. Adding that there was no circumstance which merited the cost awarded.

Also, he contends that the Judgement is against the weight of evidence.

It will be recalled that Governor Nasiru El-rufai of Kaduna State instituted a secret trial against Prof. Odinkalu at the Kaduna Magistrate court when Odinkalu asked the Governor to verify his claim that 66 Fulanis were killed in Kajuru, a statement El-rufai made on the eve of national elections in February 2019.