ABUJA – The Federal High Court in Abuja has set March 19, 2024, as the date for ruling on the fresh bail application submitted by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
The court has also scheduled March 20 to commence the resumed trial.
Kanu has been facing charges related to terrorism and treasonable felony since 2015. Previously, he was granted bail on health grounds on April 25, 2017, after spending 18 months in detention. However, he fled the country following a military invasion of his residence in September 2017.
The trial was put on hold after the Court of Appeal acquitted Kanu in October 2022, declaring his rendition from Kenya to Nigeria illegal and quashing all terrorism charges against him. However, the Federal Government appealed against the appellate court’s judgment at the Supreme Court.
In the recent trial proceedings, both the prosecution and the defense presented new counsel. Adegboyega Awomolo (SAN) replaced David Kawse as the prosecution’s counsel, while Alloy Ejimakor took over from Mike Ozehkome (SAN) as Kanu’s defense counsel. No explanation was provided for the change in legal representation.
During the trial, Awomolo informed the court that the prosecution was ready to proceed and urged the judge to consider the Supreme Court’s decision. On the other hand, Ejimakor requested the court to hear Kanu’s bail application due to his deteriorating health condition and argued that his continued detention by the Department of State Services (DSS) posed a threat to his life.
Justice Binta Nyako, the trial judge, expressed her dissatisfaction with the actions of both counsels, which had led to previous disruptions in the proceedings. She emphasized that a bail application does not impede a trial.
Ejimakor emphasized the need for Kanu’s bail, citing issues raised in the further and better affidavit and the defendant’s inability to mount an effective defense while in custody. Awomolo, on the other hand, urged the court to dismiss the bail application and proceed with an accelerated hearing, stating that there was no scientific or medical evidence to support Kanu’s entitlement to bail.
Ejimakor also filed a preliminary objection requesting the court to prevent the DSS from confiscating lawyers’ documents, restricting note-taking during discussions with Kanu, eavesdropping on conversations, and violating Kanu’s rights. He further requested the establishment of a non-custodial center for Kanu to engage with his chosen lawyers.
Awomolo considered the preliminary objection an abuse of the court process and described it as an insult to the court. He argued that the defendant was dictating the court’s actions and causing unnecessary delays.
In response, Justice Nyako ordered that Kanu be allowed to wear plain clothes provided to him but prohibited the wearing of beads or any traditional attire.
The court adjourned the matter to March 19 for ruling on the bail application and March 20 for the commencement of the trial.