Barrister Aloy Ejimakor, the Lead Counsel to the detained Leader of the Indigenous People of Biafra, Nnamdi Kanu, has reacted to conditions submitted to be met before he faces the treasonable felony charge preferred against him by the Federal Government.
Ejimakor said the demands were valid based on the position of the Constitution that the IPOB leader cannot be subjected to trial unless a fair hearing is guaranteed.
Kanu's lawyer said this while addressing the journalists on Wednesday after the proceedings at the Federal High Court in Abuja.
Ejimakor said Kanu's legal team has access to him in the custody of the Department of State Services, but the access is being monitored, which contravenes the Section 36 of the Constitution.
Recall that Kanu demanded the restoration of the bail that was earlier granted to him by the court.
He maintained that his continued detention in the custody of the DSS, has hampered his ability to effectively prepare his defense to all the allegations the FG leveled against him.
Kanu contended that his bail was erroneously revoked by the court based on a false and fraudulent misrepresentation of facts by FG.
Insisting that he never violated any of his bail conditions prior to the time that security agents invaded his home, Kanu, urged the court to set aside the warrant of arrest that was subsequently issued against him over the false claim that he jumped bail and escaped from the country.
Reacting to these conditions, Ejimakor said, "We were able to avoid a situation that if it had happened in court today, it would have been a deviation from Section 36 of the constitution which guarantees every Nigerian the right to a fair trial.
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"The prosecution was forcing a situation in the court today that the trial should continue or proceed today. But, our position was this which comports with the law that we have not had any opportunity.
"We have made this very clear, it is not about having access to our client. We do have access but our access is monitored, hampered to the point that we were unable to discuss with him within that zone of confidentiality that is guaranteed between a lawyer and his client."
"And that enhances the defence we shall prepare to properly defend him against charges that carry the death penalty. So, our position comports with the law with Section 36 of the constitution that unless a fair hearing can be guaranteed, no Nigerian can be subjected to trial. You can check it out," he added.
Justice Binta Nyako has fixed May 20 to rule on the matter.
