Nnamdi Kanu’s lawyers make new demand concerning his trial

The legal team of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has appealed to the Nigerian government to get the IPOB leader released on bail or provide a conducive environment for his trial.

Mr Kanu, facing terrorism charges, has been in detention since he was repatriated to Nigeria from Kenya in June 2021 under controversial circumstances.

The legal team made the appeal during a press conference in Abuja on Wednesday.

Aloy Ejimakor, a team member and special counsel to the IPOB leader, uploaded a video clip of the press conference to his Facebook page Thursday morning.

At the press conference, Jude Ugwuanyi, a member of the legal team, said the federal government should release Mr Kanu on bail to end insecurity in the South-east.

“If the federal government should consider the insecurity in the South-east and be aware that their primary responsibility is to secure the lives and property of the citizens, they should allow this man (Nnamdi Kanu) either bail or give him enough room to discuss with his lawyers to effectively defend himself,” Mr Ugwuanyi said.

The lawyer argued that keeping Mr Kanu in detention has contributed to the insecurity in the country, particularly in the South-east.

“The South-easterners are the worst victims of this insecurity that bedevilled the nation. I have lost a brother, who was a final year law student, to this insecurity.

“As a result of this insecurity, I cannot even travel to my village,” said Mr Ugwuanyi.

The lawyer hails from Enugu-Ezike in Igbo-Eze North Council Area of Enugu State.

Why Nnamdi Kanu asked the judge to recuse herself

Justice Binta Nyako of the Federal High Court Abuja announced her withdrawal from the IPOB leader’s trial on 24 September. This was in response to a request by Mr Kanu, who had accused her of bias.

During the press conference on Wednesday, Mr Ejimakor stressed that Mr Kanu made the request because Mrs Nyako allegedly disobeyed a Supreme Court ruling which reportedly okayed the IPOB leader’s bail.

The special counsel also said Mr Kanu lost confidence in Mrs Nyako after the judge insisted that the trial should go on despite repeated complaints that the State Security Service (SSS) facility where the IPOB leader was being detained was affecting his preparation for defence.

“The SSS seizes our legal documents. The SSS listens to our conversations (with Kanu). These things led to an extraordinary court order by the then Federal High Court judge handling the case that we are provided with a clean room, free from secret-listening devices, to be effective in preparing him for trial confidentially. That clean room was not provided,” Mr Ejimakor said.

“And the SSS continues to interdict our documents each time we go there. Under Section 36 of the Nigerian Constitution, this is wrong. A defendant is entitled, as of constitutional rights, to the adequate facility to prepare his defence and interact with his counsels in an atmosphere of confidentiality.”

Another member of the legal team, Nnaemeka Ejiofor, said Mr Kanu’s request was not out of disrespect to the court but completely an exercise of his right as prescribed in the country’s constitution.

“Once you’re before a court and you do not have that feeling your fundamental rights are being protected by the court, then you have the right to request the judge to recuse himself or herself,” Mr Ejiofor stated.

Background

Mr Kanu was first arrested in 2015 under the administration of former President Muhammadu Buhari.

The Court of Appeal, Abuja, on 13 October 2022, held that the IPOB leader was extraordinarily renditioned to Nigeria and that the action was a flagrant violation of the country’s extradition treaty and also a breach of his fundamental human rights.

The court, therefore, struck out the terrorism charges filed against Mr Kanu by the Nigerian government and ordered his release from the SSS facility.

But the government refused to release the IPOB leader, insisting that he (Kanu) could be unavailable in subsequent court proceedings if released and that his release would cause insecurity in the South-east, where he comes from.

READ ALSO: Honour Iwuanyanwu by releasing him, Nnamdi Kanu’s family begs Tinubu

The government, through the office of the Attorney-General of the Federation, later appealed the court ruling and subsequently obtained an order at the Supreme Court staying the execution of the judgment.

Delivering judgement on the appeal on 15 December 2023, the Supreme Court reversed the acquittal granted to Mr Kanu by the lower court and consequently ordered the continuation of his trial at the Federal High Court Abuja.