Alex Enumah in Abuja
The detained leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, on Monday, refused to appear before a Federal High Court in Abuja, where he is being tried on charges bordering on terrorism.
He has been in the custody of the Department of State Services (DSS) since June 19, 2021, when security operatives forcibly renditioned him from Kenya back to the country to continue his trial on alleged treasonable felony amongst others.
Upon his extraordinary rendition, the federal government had arraigned him on an amended 15-count charge.
However, following his challenge of the competence of the charge as well as the court’s jurisdiction, Justice Binta Nyako struck out eight of the charges and ordered him to answer to the remaining seven.
Upon his appeal against the decision of Justice Nyako, the Court of Appeal voided his arraignment on the grounds that his extraordinary rendition violated international conventions and protocols and subsequently ordered his release.
But the government begged the court to allow it to continue to keep Kanu while they appealed to the Supreme Court.
The continued detention at the DSS was said to have prompted Kanu’s refusal to appear before the Federal High Court on Monday.
When the matter was called, the lawyer to the federal government, Mr Mohammed Abubakar explaining Kanu’s absence in court said: “He has declined to come to court.”
According to him, he had called the office to find out why and was told that the defendant “woke up this morning and objected that he was not going to come to court”.
Responding, Kanu’s lawyer, Chief Mike Ozekhome (SAN), informed the court that his client had expressed enthusiasm to be present in court when they last spoke.
“We are therefore surprised that the same person has refused to come to court,” he said.
However, the court stated that it was not necessary for Kanu to be in court since the day’s proceedings was for parties to give a report on the status of the case.
After the parties briefed the court on the verdict of the Court of Appeal and pending appeals at the Supreme Court, Justice Nyako announced that the trial is adjourned indefinitely pending the determination of the appeals.
While the federal government in one of the appeals is praying the apex court to set aside the judgment of the Court of Appeal which had on October 13, 2022, discharged Kanu from the terrorism allegations, Kanu in the other appeal is asking the apex court to nullify a ruling of the appellate court which stayed the execution of the judgment discharging him from the terrorism allegations.
A three-member panel of the appellate court led by Justice Hanatu Sankey had discharged Kanu of the terrorism charge on grounds that his arraignment breached the Terrorism Act and other international laws.
According to the judgment, having illegally and forcibly renditioned the appellant, the trial court is stripped of jurisdiction to continue to try Kanu.
Dissatisfied, the federal government filed an appeal at the Supreme Court and also got an order staying the execution of the judgment freeing Kanu.
