On Monday, the Federal High Court in Abuja postponed Nnamdi Kanu’s trial—the head of the Indigenous People of Biafra—indefinitely (IPOB).
Before Binta Nyako of the Federal High Court in Abuja, Mr. Kanu is being tried for terrorism and treasonable felonies.
Eight of the 15 terrorism-related accusations brought against Mr. Kanu by the federal government were dropped by Mrs. Nyako.
However, the leader of IPOB challenged Mrs. Nyako’s decision upholding six of the allegations.
The Court of Appeal ruled on Mr. Kanu’s appeal on October 13 and threw out the remaining six counts of the charge, ordering the government to release the separatist leader right now.
According to earlier reports, the State Security Service (SSS), the organization keeping Mr. Kanu in detention, informed the trial judge that the IPOB leader had declined to appear in court on Monday for the trial’s resumed hearing.
Mike Ozekhome, Mr. Kanu’s attorney, provided a thorough report of the results of the IPOB leader’s appeals at the Court of Appeal and Supreme Court on Monday before the high court.
Mr. Ozekhome notified the judge about the dismissal of the six-count charge by the appellate court as well as the prosecution’s appeal of the decision at the Supreme Court.
Mr. Ozekhome’s characterization of the appellate process was corroborated by Mohammed Abubakar, Director of Public Prosecution of the Federation (DPPF), in his answer.
Two further lawsuits concerning Mr. Kanu were presented to the judge in the interim. The instances involved the IPOB leader’s fundamental rights being upheld and new charges being brought against him.
Mrs. Nyako put the three lawsuits on indefinite hold as she awaited the Supreme Court’s ruling on the pending appeals.
Kanu’s attorney requests Malami’s help
After the trial on Monday, Mr. Ozekhome addressed the media and pleaded with Abubakar Malami, Attorney-General of the Federation (AGF), to free Mr. Kanu.
Mr. Ozekhome cited Section 147 of the Nigerian constitution when he claimed that the AGF had the legal authority to drop any case.
He advised Mr. Malami to capitalize on the appellate court’s decision allowing Mr. Kanu to drop the charge.
The defense attorney referred to the Court of Appeal’s ruling in Abuja when he said that the new seven-count accusation “is an abuse of court procedure.”
According to Mr. Ozekhome, Mr. Kanu’s release will bring calm to South-Eastern Nigeria, which has experienced severe violence and civil disobedience due to the IPOB leader’s detention.
The State Security Service (SSS) in Abuja has been holding Mr. Kanu in jail since his forcible return from Kenya in June of last year.
The SSS had earlier informed the Federal High Court in Abuja that Mr. Kanu had declined to show up for court.
The Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar, informed the court that Mr. Kanu was not present when Mrs. Nyako resumed the case’s Monday proceedings.
Mr. Abubakar asked the SSS to send a lawyer to speak to the court in Mr. Kanu’s place.
“My Lord,” said the SSS attorney, “the defendant (Mr. Kanu) got up this morning (Monday) and refused to come to court.” The attorney’s name was not immediately available.
He claimed that despite being informed of Monday’s proceedings, Mr. Kanu chose not to appear in court.
Mike Ozekhome, Mr. Kanu’s principal attorney, expressed surprise at the development and questioned why the leader of IPOB wouldn’t show up in court.
Mr. Ozekhome informed the court that Mr. Kanu has always desired to attend his trial in person.
Even before the Court of Appeal and the Supreme Court, the defendant (Mr. Kanu) persistently begged to be there in person. The same person declining to appear in court surprises us, Mr. Ozekhome added.
The IPOB leader’s reluctance to show up in court could be a show of displeasure at the government’s defiance of the Court of Appeal ruling freeing him on October 13.
