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From Godwin Tsa, Abuja
After years of gruelling trial, detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, yesterday, hinted at exploiting the process of an out-of-court settlement with the Federal Government in his alleged treasonable felony trial.
At the resumed trial, yesterday, Kanu, through his legal team, informed Justice Binta Nyako of the Abuja division of the Federal High Court about the decision.
The Biafra nation agitator has been clamped in the custody of the Department of State Service (DSS) since 2021, when he was re-arrested and brought back to continue his trial on alleged treasonable felony.
The court had, last month, refused to release him from custody on grounds that the secret service custody is the proper place for the defendant to be while the trial lasts.
Justice Nyako had, while rejecting Kanu’s bail application, ordered the DSS to grant Kanu unfettered access to his lawyers and fixed June 19 for commencement of trial.
When the matter was called, yesterday, his lead counsel, Mr Ejimakor Aloy, informed the court that the DSS was yet to fully comply with the orders of the court as their visit to Kanu was still being bugged.
While stating that the defendant has resolved to initiate contempt of court proceedings against the Director General of the DSS for refusing to obey her orders directing the service to grant Kanu a “safe room” (un-bugged) space for meeting with his lawyers, Aloy, in addition, urged the court to, on its own, invoke Section 17 of the Federal High Court Act, which he said provides for “reconciliation” and facilitation of amicable settlement in criminal or civil matters.
He claimed that he had, some time ago, discussed the proposition with counsel to the federal government, Chief Adegboyega Awomolo, SAN, adding that the senior lawyer had responded by saying that the proper time for such an issue has not come. Responding, Awomolo informed the court that he did not have the instruction of his client to embark on any negotiations with the defendant over the charge.
“I told him to go to the Attorney-General of the Federation (AGF) who has the power. If he is interested in negotiating, he should go there, his office is just here”, Awomolo said.
However, Justice Nyako, who observed that the court has no problem, if the parties want to discuss negotiation, urged Kanu to approach the AGF, who is the proper person to negotiate with.
On the issue of Forms 48 and 49, seeking the imprisonment of the DSS boss for allegedly disobeying the court’s orders, Justice Nyako held that both applications were not before her, adding that the matter would be looked into when she sees the file.
Nyako, however, ordered the service to provide an “un-bugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare Kanu for trial. The un-bugged space, according to her, refers to a garden within the DSS premises, where Kanu and his lawyers can discuss without the hearing of the operatives of the service.
Meanwhile, Justice Nyako also dismissed a fresh application by Kanu, challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional. The court held that it cannot overrule itself on issues she had already resolved, adding that the only option left for the applicant was to proceed on appeal.
Justice Nyako, in addition, ordered the prosecution to file and serve its proof of evidence on the defendant, while the defendant files his defence, pending the next adjourned date, adding that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.
Kanu had, in the fresh application, urged the court to quash the said charges for being unconstitutional, adding that in five counts, the prosecution failed to indicate the exact location where Kanu’s alleged offensive broadcast occurred. He had argued that the court lacked jurisdiction since the prosecution failed to show, in the charge, whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his rearrest.
In an application argued last month, the defendant asked the court to restore his bail, which was revoked in 2019, or ordered that he be kept under house arrest.
Delivering ruling in the application, on Monday, Justice Nyako declined the request, just as she expressed confidence that the DSS’ custody is the proper place for the defendant. The judge, in addition, refused to set aside its earlier orders revoking his bail in 2019, adding that the Supreme Court’s judgment was silent on Kanu’s bail in the lead judgment delivered by Justice Emmanuel Agim.
However, the judge ordered the DSS to provide the applicant with a clean room, where he can meet with his lawyers, who must not be more than five at a time. Meanwhile, the court threatened to take any further application regarding the issues resolved as an abuse of court process because she has repeatedly decided on them.
Meanwhile, there was a mild drama when Kanu, rising from the dock, objected to his continued trial before the court. The angry IPOB leader informed Justice Nyako that his continued trial is illegal and unconstitutional as it violates international treaties Nigeria freely entered into.
He claimed Section 2 of the Terrorism Prevention Act forbids his trial in any court in Nigeria, adding that those who are trying him are “terrorists”.
“My Lord, I don’t understand why my trial is being conducted contrary to the provision of the Constitution of the Federal Republic of Nigeria,” Kanu said.
While insisting that the Supreme Court had made a pronouncement on his case, the IPOB leader submitted that “anything you do on the contrary, is an act of terrorism.
“This man is a terrorist for conducting a trial in violation of an international treaty that Nigeria entered into. Once a treaty is entered into and signed, it becomes a law. You are a dishonest man. You are a terrorist”, Kanu shouted at prosecution lawyer, Chief Adegboyega Awomolo, SAN.
He stated further that Awomolo, as current Chairman, Body of Benchers, ought to uphold the constitution and refrain from trying him.
Faulting his trial further, Kanu, who read from a portion of Justice Nyako’s previous ruling from a document at his disposal, argued that until the court investigates the circumstances that led to his fleeing from Nigeria, it was wrong to refuse to grant him bail, adding that, “My lord, you have not investigated”.
He submitted that contrary to claims that he jumped bail, agents of the federal government forced him to flee for his life after they attacked his father’s house. Although, his lawyers, led by Mr Alloy Ejimakor, earlier told the court that though they were not happy with the court’s ruling they would, however, abide by it.
He stated that while the defence was not asking for an adjournment, “the conditions that prevented their meetings with the defendant still prevail to this morning. We are not ready for trial, we might be ready at the next adjournment. Subsequently, Justice Nyako adjourned till June 19 and 20 for trial.
Kanu was arrested on October 14, 2015 and was arraigned alongside four others on an 11-count charge bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods, among others.”
He pleaded not guilty to the charge and was, in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court, in addition, held that one of the sureties must be a religious leader. However, a few months after he was admitted to bail on health grounds, Kanu had fled the country in September 2017, after the military invaded his family’s home in Afara-Ukwu, near Umuahia, Abia State.
The situation led the federal government to apply for the revocation of his bail, which was granted in 2019, by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered for the arrest of the IPOB leader, wherever he may be found. Based on the court’s order, a combined security agents, in collaboration with international police, arrested Nnamdi Kanu and forcefully brought him back to Nigeria to continue his trial.
