Alleged Terrorism: Kanu’s US Lawyer Alleges Compromise, Threatens to Push for Sanctions against Nigeria

• As court adjourns till next year January

Alex Enumah in Abuja

A United States of America-based lawyer, Bruce Fein, who claimed to be counsel to detained leader of the South-east separationist group, Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu, has alleged compromise in the trial of Kanu.

He made the allegations shortly after the trial of Kanu was adjourned till next year by Justice Binta Nyako of the Federal High Court, Abuja.

Fein also threatened to take Nigeria to the international court, where he planned to push for sanctions against Nigeria for alleged human rights abuses.

Kanu is standing trial on an amended seven-count criminal charge bordering on alleged terrorism and treasonable felony.

He pleaded not guilty to the charges read to him last month, consequent upon which Justice Nyako had adjourned to November 10, 2021, for hearing of Kanu’s application challenging the competence of the charge, as well as the jurisdiction of the court to hear the matter.

Although Kanu was brought into the courtroom around 9:52am, however, the day’s proceedings was stalled owing to a walkout by Kanu’s lawyer.

The walkout was predicated on the refusal of operatives of the Department of State Services (DSS) to allow some of them access into the courtroom.

Immediately Kanu’s case was called up, he bemoaned the refusal of security agents to allow some members of his legal team, especially his lawyer from the US, to enter the courtroom.

According to the defendant, Fein is already handling a case for him in the United States and was around to witness his trial.

“I have an ongoing case in the US. I have not been allowed to see him. He is here to see me and to observe the proceedings.

“He has been to the DSS to see me, but they denied him access to me,” Kanu stated from the dock.

However, when asked by Justice Nyako if he was ready to conduct the proceedings himself, in the absence of his lawyers, the IPOB leader responded in the negative.

Reacting, the prosecuting counsel, Mr. Mohammed Abubakar, urged the court to proceed with the trial in the absence of Kanu’s lawyers, explaining that the day’s proceedings was for the hearing of an application that was filed by Kanu.

Abubakar submitted that since Kanu’s lead counsel, Mr. Ifeanyi Ejiofor, who was initially inside the courtroom, walked out with his team shortly before the arrival of the judge, the pending application should be deemed abandoned.

“Having decided to stage a walkout on the court, I urge my lord to dismiss the defendant’s pending applications,” Abubakar said.

Responding, Justice Nyako, in a short ruling, declined to dismiss the pending application but rather adjourned the case till January 19 and 20, 2022, for trial.

She however expressed displeasure over the conduct of Kanu’s lawyers.

“Staging a walkout on the court is a very serious offence,” Nyako said.

She added: “I will not dismiss the applications. Let them be in the case file. But discuss with your lawyers so that their attitude can change.”

Nyako also reprimanded one Heather Wilkir, a British envoy, who said she had written the chief judge of the Federal High Court, seeking his consent to attend the trial.

“If you need to observe proceedings in my court, you must apply to me. But for the high respect I have for my chief judge, I will allow you for today,” the judge said.

She subsequently adjourned the matter until January 19 and 20, 2022, for continuation of trial.

Meanwhile, speaking shortly with journalists outside the court’s premises, Fein claimed that today was the fifth time he has been prevented from entering the courtroom despite the court’s previous orders that Kanu be granted access to any three persons he wants to.

“I had the chance to talk briefly to him on my way to the courtroom. It is clear that I am the target in particular. That’s the reason why this proceeding did not transpire today.

“And I’m here to tell Nigerians and the international community that I’m taking this to international tribunals. It is clear that the Nigerian tribunals are compromised.

“The international working group on arbitrary detention in Geneva, the International Court of Justice in the Hague, and I’ll be going to the United States Congress and urging that sanctions be considered against Nigeria for gross violations of fundamental human rights,” he said.

While claiming that he was in court not to be an irritant, he said that there are huge international law issues that are present in Nnamdi Kanu’s case.

“I’m here because I’m an international expert to provide more enlightenment on what legal issues are present here.

“What happened in the court today is the height of travesty of justice. We have more than 50 lawyers who are here in solidarity so we were outside trying to resolve it.

“When we came to the court, they still insisted that they could not allow the maximum of five persons to have access to the court. And there is space in the court for us to sit. We were still trying to resolve it when the judge came in and we were all locked out,” Fein said.

The US lawyer added that when the attention of the court was drawn to the fact that they were outside the court protesting about what happened, the court rather than calling attention of the lead counsel to find out what was going on, went ahead to discuss with Kanu.

However, Ejiofor speaking with journalists stated that Kanu’s lawyers did not walk out on the court but were prevented by security operatives from accessing the courtroom.

Just like in previous trials, the court premises were taken over by a combined team of security operatives including the DSS, Police, Army, NSCDC and the Navy.

Also, all roads connecting the Federal High Court were also cordoned off, causing heavy gridlock and undue hardship on commuters, who have to trek long distance to their various destinations.

Businesses around the court areas were also shut before and during the period of the trial.

Kanu was in June this year re-arrested in Kenya and extradited to the country to face his trial.

He was first arrested in a Lagos Hotel in 2015 by operatives of the DSS and was arraigned alongside four others in 2016.

Meanwhile, Kanu is challenging his re-arraignment and trial at the Federal High Court, Abuja, on the grounds that the said charge did not in anyway have any link to the said offences; and that the alleged offences were also said to be committed in the United Kingdom, amongst others.