July 26, 2021

The hyped trial of the Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, at the Federal High Court, Abuja has turned out an anti-climax as the DSS could not produce Kanu in court raising suspicion about his state of health.

When the matter came up at 11am lawyers representing the various parties in the matter announced their appearance.

Counsel to the federal government, Mr M. B. Abubakar, took the floor and announced that Kanu has not yet been produced by the Department of State Service (DSS) but he urged the court to proceed with the trial since Justice Binta Nyako was not one of the judges on vacation.

Kanu’s lawyer, Mr ifeanyi Ejiofor, was later to inform the court that he filed a motion seeking the transfer of Kanu from DSS custody to correctional centre. Kanu’s lawyers had earlier expressed misgivings at the detention of Kanu by the DSS.

But Justice Binta Murtala-Nyako was blunt in her assertion that Kanu must be physically present in court for the case to commence as he has already been brought into the country by the DSS.

She consequently adjourned the case to Thursday, October 21.

Ahead of the commencement of the trial, heavily armed security personnel had taken over the premises of the court and environ causing a clash between them and some lawyers. Some Nigerians including activists and civil society organisations representatives were barred from the court premises by the armed security personnel.

Pandemonium ensued when some lawyers buoyed by some concerned Nigerians dared the security personnel who flaunted their guns and teargas canisters.  IPOB members who had thronged the vicinity of the court were chased away by the police.

Former Governor of old Anambra, Chief Chukwuemeka Ezeife, was one of the people who atrended the trial. Ezeife said that he was in court to represent the Ndigbo (the people of Igbo extraction worldwide).

Kanu was to be brought before Justice Binta Nyako to answer to some charges preferred against him by the Federal Government.

On June 29, the judge had ordered the IPOB leader to be remanded at the Department of State Services (DSS) facility pending the hearing and determination of the matter

The order followed an application by Counsel to the Attorney General of the Federation (AGF), Shuaibu Labaran, that Kanu, who jumped bail and was rearrested, be remanded in the DSS custody.

The court also granted the request that the matter be given accelerated hearing to guard against delay in justice and fixed today for continuation of trial.

Kanu, who was rearrested on July 27 in Kenya, was said to have jumped bail around September 2017.

He was, however, produced before the trial judge, Nyako, on June 29 to stand his trial.

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.

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 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 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 United Kingdom (UK).

Kanu who was the Director of Radio Biafra, was initially arrested by security operatives on Oct. 14, 2015 upon his arrival to Nigeria from his base in the UK.

He was subsequently arraigned in court on January 20, 2016, and remanded at Kuje prison in Abuja.

After he spent about a year and seven months in detention, the trial court, on April 25, 2016, released Kanu on bail on health ground.

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, Mr. 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.