Nigeria: Court Adjourns Nnamdi Kanu's Trial Indefinitely

14 November 2022

Nnamdi Kanu's lawyer gave a detailed report of the outcome of his appeals at the Court of Appeal and the Supreme Court.

The Federal High Court in Abuja, on Monday, adjourned indefinitely the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).

Mr Kanu is being prosecuted on terrorism and treasonable felony charges before Binta Nyako of the Federal High Court in Abuja.

Mrs Nyako had dismissed eight of the 15 counts of terrorism charges filed against Mr Kanu by the federal government.

But the IPOB leader appealed Mrs Nyako's ruling sustaining six of the charges.

Delivering judgement in Mr Kanu's appeal, the Court of Appeal on 13 October, dismissed the remaining six-count charge, ordering the government to immediately free the separatist leader.

PREMIUM TIMES earlier reported that, at the resumed hearing in Mr Kanu's trial on Monday, the State Security Service (SSS), the agency holding him in custody, told the trial judge that the IPOB leader refused to appear in court.

Also at the high court on Monday, Mr Kanu's lawyer, Mike Ozekhome, gave a detailed report of the outcome of the IPOB leader's appeals at the Court of Appeal and the Supreme Court.

Mr Ozekhome informed the judge of the appellate court's dismissal of the six-count charge and the prosecution's appeal against the verdict at the apex court.

In his response, the Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar, confirmed Mr Ozekhome's account of the appellate proceedings.

Meanwhile, two other suits involving Mr Kanu came up before the judge. The cases bordered on a fresh set of charges and fundamental rights enforcement of the IPOB leader.

Due to the pendency of the appeals at the Supreme Court, Mrs Nyako adjourned the three suits indefinitely to await the decision of the apex court.

Kanu's lawyer seeks Malami's intervention

Addressing journalists shortly after Monday's trial, Mr Ozekhome appealed to the Attorney-General of the Federation (AGF), Abubakar Malami, to release Mr Kanu.

Citing Section 147 of the Nigerian constitution, Mr Ozekhome said the AGF has the statutory power to withdraw any charge.

He urged Mr Malami to ride on the back of the appellate court's ruling freeing Mr Kanu to withdraw the charge.

The defence lawyer said the fresh seven counts charge "is an abuse of court process," referencing the verdict of the Court of Appeal in Abuja.

Mr Ozekhome said Mr Kanu's freedom would engender peace in South-eastern Nigeria which has witnessed intense violence and civil disobedience on account of the IPOB leader's incarceration.

Since Mr Kanu's forcible repatriation from Kenya in June last year, he has been held in detention by the State Security Service (SSS) in Abuja.

Earlier, the SSS told the Federal High Court in Abuja that Mr Kanu refused to appear in court.

When Mrs Nyako resumed proceedings in the matter, on Monday, the Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar, informed the court that Mr Kanu was not in court.

Mr Abubakar asked a lawyer to the SSS to address the court on Mr Kanu's absence.

The SSS lawyer, whose name was not readily available, said "My Lord, the defendant (Mr Kanu) woke up this morning (Monday) and refused to come to court."

He said Mr Kanu was earlier informed about Monday's proceedings but declined to be brought to court.

Reacting to the development, Mike Ozekhome, lead lawyer to Mr Kanu, wondered why the IPOB leader would not appear in court.

Mr Ozekhome told the court that Mr Kanu had always wanted to be present in court for his trial.

"The defendant (Mr Kanu) was always begging that he wants to be physically present in court, even at the Court of Appeal and the Supreme Court. We are surprised that the same person would decline to come to court," Mr Ozekhome said.

The IPOB leader's refusal to appear in court might be in protest against the government's disobedience to the 13 October Court of Appeal decision setting him free.

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