Nnamdi Kanu Mulls over Out-of-court Settlement in Alleged Terrorism Trial 

* As court orders open space meetings with lawyers 

Alex Enumah in Abuja 

The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Wednesday hinted at exploiting the process of an out-of-court settlement in his alleged treasonable felony trial.

Kanu made the disclosure at his resumed trial before Justice Binta Nyako of the Federal High Court in Abuja.

The detained IPOB leader has been in the custody of the Department of State Services (DSS) since 2021 when he was re-arrested and brought back to continue his trial on allegedly treasonable felony.

The court had last month refused to release him from custody on grounds that the secret service custody is the proper place for the defendant to be while the trial lasts.

In declining Kanu’s application, the court had ordered the DSS to grant Kanu unfettered access to his lawyers and fixed June 19, for commencement of trial.

However, when the matter was called Wednesday, his lead lawyer, Mr Ejimakor Aloy, informed the court that the Secret Service was yet to fully comply with the orders of the court as their visit to Kanu was still being bugged.

While stating that the defendant has resolved to initiate contempt of court proceedings against the Director General of the DSS for refusing to obey her orders directing the service to grant Kanu a “safe room” space for meeting with his lawyers, Aloy in addition urged the court to, on its own, invoke Section 17 of the Federal High Court Act, which he said provides for “reconciliation” and facilitation of amicable settlement in criminal or civil matters.

He claimed that he had some time ago discussed the proposition with the counsel to the Federal Government, Chief Adegboyega Awomolo (SAN), adding that the senior lawyer had responded by saying that the proper time for such issue has not come.

Responding, Awomolo informed the court that he does not have the instruction of his client to embark on any negations with the defendant over the charge.

“I told him to go to the Attorney-General of the Federation (AGF) who has the power. If he is interested in negotiating, he should go there, his office is just here,” Awomolo said.

However, the trial judge, who observed that the court has no problem with the parties discussing the negotiation, urged Kanu to approach the AGF who is the proper person to negotiate with.

On the issue of Forms 48 and 49, seeking the imprisonment of the DSS boss for allegedly disobeying the court’s orders, Justice Nyako held that both applications were not before her, adding that the matter would be looked into when she sees the file.

Nyako however ordered the service to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare Kanu for trial.

The “unbugged space” according to her, refers to a garden within the DSS premises where Kanu and his lawyers can discuss without the hearing of the operatives of the service.

Meanwhile, Justice Nyako also dismissed a fresh application by Kanu challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional.

The court held that it cannot overrule itself on issues she had already resolved, adding that the only option left for the applicant was to proceed on appeal.

Justice Nyako in addition ordered the prosecution to file and serve its proof of evidence on the defendant, while the defendant files his defence pending the next adjourned date, adding that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.

Kanu had, in the fresh application, urged the court to quash the said charges for being unconstitutional, adding that in five counts, the prosecution failed to indicate the exact location where Kanu’s alleged offensive broadcast occurred.

He had argued that the court lacked jurisdiction since the prosecution failed to show in the charge whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his rearrest.

Kanu was arrested on October 14, 2015 and was arraigned alongside four others on an 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 pleaded not guilty to the charge and was in 2017, admitted to bail in the sum of N100 billion with three sureties in like sum. The court in addition held that one of the sureties must be a religious leader.

However, a few months after he was admitted to bail on health grounds, Kanu fled the country in September 2017, after the military invaded his family home in Afara-Ukwu, near Umuahia, Abia State.

The situation led the Federal Government to apply for the revocation of his bail, which was granted in 2019 by Justice Binta Nyako of the Federal High Court, Abuja. Besides, the court ordered the arrest of the IPOB leader, wherever he may be found.

Based on the court order, a combined team of security agents, in collaboration with the international police, arrested Kanu and forcefully brought him back to Nigeria to continue his trial.