..As Court refuses him bail or removal from DSS custody
BY ANDREW OROLUA
Embattled leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, caused a stir at the Federal High Court in Abuja on Monday, after his fresh request to be released on bail, was refused.
Kanu, who was highly irritated by the decision of the court to allow him to attend his trial from the detention facility of the Department of State Services, DSS, vented his anger on the lead prosecution counsel that appeared for the Federal Government, Chief Adegboyega Awomolo, SAN, labelling him a terrorist.
Addressing the court from the dock, Kanu, who is facing a seven-count treasonable felony charge, said he was surprised that the senior lawyer, who is currently the Chairman of the Nigeria Body of Benchers, could not advise the government properly.
Kanu insisted that going by the provision of the Terrorism (Prevention and Prohibition) Act, 2022, Nigeria, having violated the international treaty it entered into by unlawfully abducting him and forcibly rendered back to the country, he ought not be subjected to the ongoing trial.
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He stressed that both the Court of Appeal and the Supreme Court, in their various decisions, declared his forceful rendition from Kenya as an act of illegality.
Kanu, who kept waving a bunch of law books he entered the dock with, said:
“My lord, you said in your earlier ruling that you will not grant me bail until you make a determination about the reason for my disappearance. But you have not done so.
“At this stage, I am of the opinion that you can’t try me without first looking into that. The criminals came to my house to kill me!
“I don’t understand why my trial must be conducted contrary to the provision of the Constitution of the Federal Republic of Nigeria. This is the law of Nigeria as of today. This court is in violation of laws of Nigeria. Section 2(3) (f) of the Terrorism (Prevention and Prohibition) Act, 2022, is very clear.”
At this juncture, the prosecution, Awomolo, SAN, tried to interject by asking Kanu’s legal team to call him to order.
Turning to Awomolo, SAN, Kanu, who was simmering with anger, said: “This man is a terrorist for conducting a trial in violation of an international treaty that Nigeria entered into. Once a treaty is entered into and signed, it becomes a law.
“They are all terrorists! No court can try me in Nigeria. Anything done in violation of any treaty entered into by Nigeria is an act of terrorism.
“This man here is a terrorist as of today. He is a dishonest man! You are a terrorist! Who the hell are you? Follow what the law says.
“I have been in detention for over three years. You are the Chairman of the Body of Benchers and you are violating the laws of this country,” Kanu fumed.
Awomolo, SAN, who was shocked by Kanu’s outburst, said he was not angry about it.
“I am not a terrorist and I am not provoked by the action of the defendant. It is understandable. He is only being emotional,” the senior lawyer added.
In her ruling that triggered the verbal protest, Justice Binta Nyako the trial court judge had dismissed Kanu’s request for the restoration of his revoked bail and his request to be removed from DSS custody to the Correctional Centre .
The judge said that Kanu requests have been ruled upon in her earlier rulings and that the only option open to him is to appeal against those rulings.
She said besides, Kanu sureties have withdrawn their guarantee following the incident that led to Kanu jumping the bail.
Kanu lead counsel Alloy Ejimako insisted when he moved the bail application that the Supreme Court confirmed in its judgement that Kanu never jumped bail hence the bail granted him earlier by Court of Appeal ought to have been upheld and not revoked.
He added that the essences of the bail was to enable Kanu prepare for the trial as he was not presently allowed free access to his lawyers without being monitored by security operatives.
Justice Nyako subsequently adjourned the matter to June 19 and 20.
It would be recalled that Kanu was first arrested in Lagos on October 14, 2015, upon his return to the country from the United Kingdom, UK.
Justice Nyako had on April 25, 2017, granted him bail on health ground, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country as soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021 and extraordinarily renditioned back to the country by security agents on June 27, 2021.
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