Biafran leader, Nnamdi Kanu was not in court Monday as requested by an order of the Federal High Court.
A new counsel to the federal government, Mohammed Abubakar had stunned the court when he announced that Kanu had not been brought before the court
He merely announced that Kanu could not be produced in court due to logistics reasons.
His explanation sparked off hot arguments from the counsel to Kanu, Mr Ifeanyi Ejiofor who accused the Department of the State Security Service of frustrating efforts by lawyers and family members to access the detained Biafra secessionist leader.
Ejiofor made frantic efforts to move an application for the transfer of his client to Kuje prison as a better option to DSS custody.
The efforts were, however, unsuccessful as the trial Judge, Justice Binta Nyako stood her ground not to proceed until Kanu is physically present in court as required by the law.
While making the claim for a transfer of Kanu's custody, Ejiofor alleged that his client was subjected to dehumanising conditions and that he had no access to his lawyers while he was in the custody of the DSS.
Ejiofor, who said he had not seen his client for over 10 days, told the court that the information reaching him was that Kanu had been taken away to an unknown destination.
He said he had a motion on notice filed before the court, seeking for an order directing the transfer of the applicant from the custody of the DSS to the Nigerian Correctional Service Centre in Kuje, where he was originally detained before he was granted bail, pending the determination of the charge.
“AN ORDER of this Honourable Court directing the Defendant/Applicant’s custodian, to grant access to his Medical Experts/Doctors for the purpose of carrying out a comprehensive independent medical examination of the Defendant/Applicant’s health condition/status, while in custody.”
Nyako said though the earlier remand order at the DSS facility still subsisted, she made an order for the lawyers to be given access to their client (Kanu).
“No, I am not transferring him to correctional centre. I am keeping him there (DSS custody) and I am going to make an order that you should be given access,” she said.
Justice Nyako had on June 29, ordered the IPOB leader to be remanded at the Department of State Services (DSS) facility pending the hearing and determination of the matter following an application by Counsel to the Attorney-General of the Federation (AGF), Shuaibu Labaran, that Kanu, who jumped bail and rearrested, be remanded in the DSS custody.
The judge, however, noted that the access to Kanu would be regimented.
“But it is not going to be all comers affair; it will be regimented. You can’t get up at night and say you want to visit your client,” she stated.
Justice Nyako, who condemned the prosecution’s act for not producing Kanu in court, ordered that Kanu should be produced in court in the next adjourned date.
“Before you can take a criminal case, the defendant must be in court. I have been sitting down here since waiting for you. I will not take this kind of practice in the conduct of this case. When I give you a date, I want you to continue on that date and you cannot continue until the defendant is present,” she held.
“Please do the needful and don’t allow this to happen again,” she told the prosecution.
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Beyond Kanu’s absence in court, Justice Nyako drew the attention of the Federal Government's lawyer and that of Kanu to the fact that the yearly vacation of the court had commenced.
The Judge told the parties that the fiat of the Chief Judge of the Federal High Court, Justice John Tsoho is required for the trial to go ahead during vacation.
Justice Nyako also stated that it was the duty of the prosecution to apply for the fiat if they want the trial during vacation and not the duty of her court.
Although the Judge expressed reservation on the failure to bring Kanu to court, the matter was eventually fixed for October 21.
She gave a caveat that the court will reconvene in an earlier date if the Chief Judge grants fiat for trial to proceed.
Justice Nyako also directed that henceforth, only five lawyers would be allowed into the courtroom to stand for Kanu as part of COVID-19 pandemic protocols.
She adjourned the matter until Oct. 21 for trial continuation.
In court to monitor the proceeding were former Governor of old Anambra, Chief Chukwuemeka Ezeife; a representative of the Ohaneze Ndigbo, Chief A. G. Nwanzuruike, and M. C. Udebuani who appeared for an association of all the Igbo lawyers in Abuja (Otuotiwu).
Kanu was rearrested on July 27 abroad after jumping bail around September 2017. The judge had, on March 28, 2019, issued a bench warrant for Kanu’s arrest after she revoked the bail that was earlier granted him. Kanu was however produced before the trial judge, Nyako, on June 29 to stand his trial.
Relying on Section 352(4) of the Administration of Criminal Justice Act (ACJA), 2015, the court equally okayed Kanu’s trial in absentia.
Kanu was first arrested on Oct. 14, 2015, on 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 was subsequently arraigned in court on January 20, 2016, and remanded at Kuje prison in Abuja. After he had spent about a year and seven months in detention, the trial court, on April 25, 2016, released Kanu on bail on health ground.
He was charged alongside three other pro-Biafra agitators; Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.
Shortly after he was declared “missing,” Justice Nyako, on Feb. 20, 2018, okayed separate trial for the other three defendants.
The IPOB leader who has dual citizenship was before his arrest reportedly sighted at various locations outside the country, including Jerusalem and the UK.
To secure his release, Sen. Enyinnaya Abaribe (PDP–Abia), an Accountant, Mr. Tochukwu Uchendu and a Jewish High Priest, Emmanu El- Salom Oka BenMadu, on April 28, 2016, signed an undertaking to ensure his attendance in court.
Following Kanu’s disappearance after he was released on bail, the court, on Nov. 14, 2018, ordered the three sureties to forfeit the N100 million bail bond they each consented to.
All the sureties had since approached the Court of Appeal in Abuja to challenge the ruling.
Kanu’s lawyer, Ifeanyi Ejiofor had equally protested the revocation of his client’s bail, even as the court rejected his request for time to file an affidavit evidence to explain why he jumped bail.
Ejiofor had insisted that Kanu’s disappearances was occasioned by the unwarranted invasion of his home at Afaraukwu in Abia State by the Nigerian Army.
The claim Kanu restated when he was brought before the court after his re-arrest.
