Mazi Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), has raised objections to his ongoing trial. The separatist leader objected to being tried, while being held in the custody of the Department of State Services (DSS). Kanu, who has been in DSS custody since his re-arrest in 2021, argues that his current conditions hinder his legal team’s adequate preparation for his trial.
Kanu’s legal team, led by Alloy Ejimakor, has requested the court to restore his bail, which was revoked in 2019, or alternatively, order his house arrest. Ejimakor said: “Contrary to the prosecution’s claim, he (Kanu) did not jump bail or breach any of the bail conditions.” He further argued that Kanu had to escape the country when the military allegedly invaded his father’s house in Abia State, adding that “he would have been killed if he had not escaped the way he did.”
Ejimakor also asked the court to set aside the arrest warrant issued against Kanu while he was out of the country. In a separate motion, Kanu demanded his removal from DSS custody to house arrest or, alternatively, to remand him in prison. He insisted that his lawyers must be allowed unhindered access to him to enable him to prepare for his defence in the terrorism charges against him. He added that until those conditions were met in line with Section 36 of the 1999 Constitution, he would not submit himself for trial.
However, the Federal Government’s legal team, led by Chief Adegboyega Awomolo, SAN, opposed all the requests made by Kanu. Awomolo argued that in a criminal matter, no defendant has the right to dictate to the court how his prosecution would be conducted. He further stated that Kanu was once admitted to bail but breached the bail by escaping out of the country under false claims.
Awomolo argued that the fresh request for bail by Kanu is a gross abuse of court process, having been rejected earlier by the same court. He added that the only option available to the defendant was to go to the Court of Appeal to challenge the rejection since the High Court cannot overrule itself.
On the request for removal from DSS custody, Awomolo said the only safe and secured environment for Kanu remained the DSS custody in the interest of safety of his life. He urged the court to dismiss the allegation of access to lawyers being hindered, adding that Kanu failed to name any DSS operative hindering lawyers from accessing him or eavesdropping during conversation with his lawyers.
The trial judge, Justice Binta Nyako, subsequently fixed May 20 to decide whether she will grant the request. The date was fixed shortly after taking arguments from both legal teams.
