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FG to resume Nnamdi Kanu’s trial on terrorism charges Feb 26
Barring any unforeseen circumstances, the Federal Government
of Nigeria is to resume the trial of the self appointed leader of the
Indigenous People of Biafra (IPOB), Nnamdi Kanu on terrorism charges on Monday,
February 26.
The decision of the government to resume trial followed the
December 15, 2023, judgment of the Supreme Court which gave go ahead for
continuation of trial of Kanu in the remaining seven count charges against him.
A notice for resumption of the trial indicated that it would
proceed before Justice Binta Nyako of the Federal High Court in Abuja.
The notice indicated that Kanu’s lead counsel, Mike
Ozekhome, a Senior Advocate of Nigeria (SAN) and the office of the Attorney
General of the Federation and Minister of Justice (AGF) have been put on notice.
It was also observed that the Director General of the
Department of the State Services (DSS) has been contacted to make the IPOB
leader available in court on the date.
Kanu has been in the custody of the DSS since June 19, 2021,
when he was arrested in Kenya and brought to Nigeria by the federal government
through its security agency.
Although he was initially slammed with 15-count terrorism
charges, Justice Binta Nyako in the course of trial did not find merit in 8 of
the charges and subsequently dismissed them.
In a ruling in April 2022, the Judge upheld only seven count
charges against Kanu and ordered him to open his defense on the alleged
offense.
Temporary respite however came the way of the detained IPOB
leader when the Court of Appeal in Abuja, in October 2022, quashed the entire
terrorism charges against him and ordered his immediate release from DSS
custody.
The decision of the Court of Appeal was predicated on the
unlawful rendition of Kanu by the Nigerian government from Kenya instead of
extradition and held that his trial was unlawful along with the charges against
him.
However, on October 28, 2022, the Court of Appeal granted a
stay of execution of its order discharging Kanu following an appeal filed by
the federal government at the Supreme Court.
On its part, the Supreme Court in a judgment on December 15,
2023, upturned the judgment of the lower court in favour of the government.
The Apex Court in the lead unanimous judgment by Justice
Garba Lawal, but read by Justice Emmanuel Akomaye Agim, ordered that the trial
of Kanu in the seven count charges be continued.
Justice Lawal held that although the Nigerian government
recklessly, irresponsibly and unlawfully rendered Kanu from Kenya, such an
unlawful act had not divested any court power to proceed with his trial.
The apex count said that no Nigerian law supported quashing
of the charges and releasing Kanu owing to his mere unlawful abduction from
Kenya and held that the remedy for such an action is for Kanu to file a civil
matter against the government.
