As Nnamdi Kanu’s Trial Resumes

As the trial of the rearrested leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, resumes Monday at the Abuja Division of the Federal High Court, Alex Enumah examines issues likely to play up in and outside the courtroom

Justice Binta Nyako of the Abuja Division of the Federal High Court, late June fixed July 26 to continue the trial of the secessionist leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to enable him to meet with his lawyer. This is in preparation for the continuation of the trial, which started before the court in 2016.

Kanu and four orders were standing trial on an amended six-count criminal charge bordering on terrorism, treasonable felony, among others, until 2017, when he fled the country a few months after he was granted bail on health grounds. Following that, the federal government applied to separate Kanu’s trial from others (Nyako, in a subsequent ruling on February 20, 2018, severed the trial of Kanu from the three others), pending his rearrest as the court had already issued a bench warrant against him.

The self-acclaimed IPOB leader was first arrested in October 2015 at a Lagos hotel by the Department of State Services (DSS), few days after he stepped into the country from the UK, where he coordinated IPOB’s activities and Radio Biafra. The federal government charged him with conspiracy, intimidation, and membership of an illegal organisation and arraigned him before a magistrates’ court in Wuse Zone 2, Abuja. However, citing lack of jurisdiction, the federal government applied for a discontinuation of the case at the magistrate court, which the judge, Shuaibu Usman, accordingly struck out.

Kanu was later to the Abuja Division of the Federal High Court before Justice Adeniyi Ademola, where the government filed fresh charges including treasonable felony, maintaining an unlawful society, and illegal possession of firearms against him and others (Benjamin Madubugwu and David Nwawuisi). But the defendants accused the judge of bias, seeking the transfer of the case to another judge.

The defendant also accused the next judge, John Tsoho, of bias after the court ruled that Kanu and his co-defendants can be tried secretly by shielding witnesses the prosecution had listed for the trial. Tsoho, in addition, denied the defendants bail on the grounds of national interest. However, when the case got to Nyako, the federal government increased the charges to 11, including terrorism, and added another individual, Chidiebere Onwudiwe, as the fourth defendant.

Like previous judges, Nyako initially denied the defendants bail until Kanu’s health deteriorated in prison custody. She granted him N100 million bail on April 25, 2017, to get medical attention. Kanu must also have sureties, a serving senator, Jewish leader, and a reputable Nigerian. Other conditions were that when released on bail, Kanu must not grant media interviews, not be seen in a crowd of more than 10 persons and could only travel out of the country with the court’s permission. His bail was secured by Sen. Eyinnaya Abaribe, High Priest, Emmanuel El-Salom Oks BenMadu, and Uchendu.

However, on the next adjourned date in July 2017, Kanu did not appear in court, and also during subsequent adjourned dates, prompting the prosecution to ask for a revocation of his bail. His lawyer, Ifeanyi Ejiofor, initially informed the court that he did not know Kanu’s whereabouts and could not even tell whether he was dead or alive since September 2017 when soldiers violently invaded the IPOB leader’s home in Afarakwu, Abia, killing several people.

In her ruling on March 28, 2019, Nyako revoked Kanu’s bail, issuing a bench warrant against him. Nyako, in line with section 352 (4) of the Administration of Criminal Justice Act (ACJA), 2015, ordered Kanu’s trial behind his back. According to the judge, the first defendant’s lawyer failed to give a cogent, compelling and verifiable reason why the IPOB leader refused to appear in court.

But after about three years and seven months, Kanu was, on June 29, 2021, repatriated to Nigeria from Kenya under suspicious circumstances.

“Self-acclaimed leader of the proscribed secessionist Indigenous People of Biafra (IPOB), Nnamdi Kanu, has been through the collaborative efforts of Nigerian intelligence and security services.

“He has been brought back to Nigeria in order to continue facing trial after disappearing while on bail regarding 11 count charge against him. Recent steps taken by the federal government saw to the interception of the fugitive Kanu on Sunday, the 27th day of June 2021,” announced Abubakar Malami, Nigeria’s attorney general.

He added, “Nwannekaenyi Nnamdi Ngozichukwu Okwu-Kanu, born 25th day of September 1967 at Afaraukwu, Abia State is a holder of Nigerian Passport No. A05136827 first issued October 17, 2013, at FESTAC, Lagos.”

The justice minister recalled that Kanu was arrested on October 14, 2015, on 11 count charges bordering on terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms, and improper importation of goods, among others.

Malami claimed that after jumping bail, Kanu engaged in subversive activities that included inciting violence through television, radio, and online broadcasts against Nigeria and state institutions.

“Kanu was also accused of instigating violence, especially in the South-eastern Nigeria that resulted in the loss of lives and property of civilians, military, paramilitary, police forces and destruction of civil institutions and symbols of authorities,” he added.

Inside the courtroom, prosecution counsel Shuaibu Labaran had applied for an order to remand Kanu in the DSS’ custody because Kanu’s lawyers were not abreast with his rearrest, and the judge obliged and ordered the prosecution to inform Kanu’s lawyer of his rearrest. Although the continuation of Kanu’s trial in absentia, initially slated for October 20, 2021, was brought to July 26 for his lawyers to appear for his defence.

Before the adjournment, Kanu had sought permission from the court to explain why he had not appeared in court since 2017, prompted by Labaran’s statement that he had jumped bail to escape trial. Kanu told the court in the presence of heavily armed security operatives that his house was unlawfully invaded by security men with his life seriously threatened. The IPOB leader claimed he could have been killed along with others if he did not flee the country.

On Monday, when Kanu appears in court again, not a few dramas are expected. Going by Malami’s statement in the wake of Kanu’s clandestine rearrest, the government is likely to file fresh charges against him. The federal government may charge him with murder and inciting violence against the country and state institutions, particularly in the South-East.

Another issue likely to come up is where Kanu should be remanded while on trial. In 2015, Kanu was in the DSS’ custody until Tsoho in January 2016, ordered that Kanu be remanded in prison custody. This issue of where to remand him can only come up if the court eventually denies him bail. Kanu will likely ask the court on Monday to grant him bail, probably on health grounds or any other, as the court revoked his earlier bail in 2019. Although bail is usually at the court’s discretion, whether it is granted or denied depends on various factors, such as the possibility of the defendant jumping bail or threatening proceedings.

Kanu was accused of jumping bail, granting media interviews, and being in the company of more than 10 persons. Although Abaribe was reported to be ready to stand surety for the IPOB leader again, whether others will be willing to stand surety for him if the court demands more than one person is another issue.

If the judge did not grant him bail, the court is expected to order an accelerated hearing of the case, and by the provisions of the ACJA, the hearing will hold every day. The court announced that it would commence its annual vacation from July 26 to September 17, 2021. However, the judge was not one of the two vacation judges to hear cases during the period.

Just like earlier proceedings, the trial starting on Monday will attract sectional, national and international audiences. While Ohaneze Ndigbo indicated interest to monitor the proceedings, the UK asked Nigeria to explain the circumstances surrounding Kanu’s rearrest. Kanu, a Nigerian, also holds British citizenship. His lawyer claimed the government arrested, detained and maltreated Kanu in Kenya before repatriating him to Nigeria. Although, the circumstances of his rearrest will not affect the trial since he was already on trial before he left the country and a warrant for his arrest was still in force.

While his trial is expected to be in the open, stringent security measures and COVID-19 policy will limit the number of persons allowed into the courtroom. The court will also witness a drastic reduction of lawyers and journalists during the proceedings. Security is also expected to be heightened inside and around the court’s premises. In the past, whenever Kanu was brought to court, his supporters usually besieged the court premises singing and dancing to demonstrate solidarity with their leader. Although no protest has been made since Kanu’s rearrest, his appearance in court may, however, spring surprises.

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