Agency Report
Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), says his witnesses will be coming from all parts of the world, including Ethiopia, Kenya and the United States (U.S.).
Kanu, who opted to defend himself in the ongoing alleged terrorism trial preferred against him by the Federal Government, told Justice James Omotosho of the Federal High Court on Friday in Abuja.
The News Agency of Nigeria (NAN) reports that Kanu, in a motion filed on Oct. 21, listed the names of prominent Nigerians and foreigners he intended to call as witnesses to defend himself.
Kanu, in the application he personally signed, informed the court of his plan to call a total of 23 witnesses divided into two categories.
The first category, he said, would be those he called “ordinary but material witnesses”.
He further informed the court that his second category of witnesses would be “vital and compellable” and shall be “summoned under Section 232 of the Evidence Act, 2011.”
He prayed the court that, in view of the number of witnesses he intended to call, the court should consider granting a 90-day timeframe to enable him to conclude his defence.
The leader of the IPOB, however, disengaged his legal team led by Chief Kanu Agabi, SAN, former Attorney-General of the Federation (AGF) and Minister of Justice on Thursday.
He told the court he was ready to defend himself.
When the case was called on Friday, Chief Adegboyega Awomolo, SAN, represented the FG, and Kanu, who spoke from the dock, announced his appearance for himself.
“I am Mazi Nnamdi Kanu. I stand for myself,” he said.
Awomolo then told the court that the case was scheduled for defence and that they were ready to proceed.
But Kanu said he was not prepared to commence his defence.
He told the court that his disengaged lawyers were yet to hand over the case file to him.
“My lord, my counsel left the case yesterday, and I have not received the file from them.
“The few people that would have brought this were precluded from seeing me,” he said.
The IPOB leader then urged the court to adjourn the matter to enable him to do the needful.
Kanu also told the court that the three-day weekly visit to him at the Department of State Services (DSS) facility would no longer be enough for him to prepare his defence, considering the number of his witnesses, who would be coming across the world.
When Justice Omotosho asked him what the visiting days and times were, he said, “Two hours every Monday, Wednesday and Friday.”
According to Kanu, that is not enough because I have about 23 witnesses that will be coming all parts of the world, from Ethiopia, Kenya, and thecoming from U.S.
“I will want the court to make an order so that these people can have access to me,” he said.
When the judge asked him if these people were part of the witnesses he listed in the motion he filed, he said, “They are part of the witnesses listed, my lord.”
Responding, Adegboyega said Kanu had had all the time to defend himself since his no-case submission application failed.
Besides, the senior lawyer said the court bailiff had been trying to serve the subpoenaed witnesses Kanu listed in his application the summons to appear in court.
He said, contrary to Kanu’s submission, he was not aware that “some of the witnesses are coming from parts of the world.”
Awomolo, who did not oppose Kanu’s request for adjournment, prayed the court not to vacate the standing order which directed Kanu to defend himself within six days.
“I am aware that there is a standing order for the defendant to defend himself within ten days.
“The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to keep to the standing order,” Awomolo said.
Justice Omotosho said he was surprised with Kanu’s statement that his lawyer had yet to hand over the case file, especially when Chief Kanu Agabi was involved.
“I am surprised that Chief Agabi will keep the file to himself, having announced yesterday that the defendant will conduct the trial himself and told the counsel to leave,” he said.
The judge, however, observed that the issue raised on Thursday was not about the case file.
“The only issue raised was that of the jurisdiction, which I declined and said it should be raised in the final written address,” he said.
The judge said parties in the case agreed when an accelerated hearing was granted by the court.
He said the prosecution were even threatened that if they refused to close their case within the stipulated time, their case would be foreclosed.
“However, in the interest of justice and a fair hearing, having raised the issue of the file this morning, though it is strange that Agabi will not release the file, I will grant an adjournment for the file to be given to the defendant,” Justice Omotosho said.
The judge also granted the application by Kanu that his counsel should have access to him on non-working days for the purpose of the trial.
“This is hereby granted. The DSS should give him access on Saturday and Monday to have access to his counsel,” the judge said.
Justice Omotosho held that inasmuch as opportunity would be given to Kanu, “I also repeat that the right in Section 36 of the constitution is given to a defendant to defend himself.
“It is not that a defendant must be compelled to make use of that right.
“This court is here to do justice, and I will do justice to everybody.
“The impression created when I assumed this trial was that there was a delay.”
Against this impression, the judge said he created two sessions, morning and afternoon, in the court to ensure that Kanu’s matter was given an expeditious hearing.
Besides, he said it was to ensure that other matters before him too did not suffer undue delay.
“I will beg the defendant in the name of Almighty God to let us make use of this opportunity.
“Not making use of this opportunity will deny some other people their trial; their trial will suffer.
“We have Chinese people here in this court this morning who are here for trial,” he said.
Besides, another defendant, a Zimbabwean lady who had been in detention because she could not perfect her bail, was asked to stand up for everyone to know that there were other cases in court.
“I pray that we use the opportunity.
“The court will not refrain from invoking appropriate provisions of the law,” Justice Omotosho said.
The judge recalled that on Oct. 22, the court did not sit until 2pm because the court was vacated from 9am to allow Kanu and his legal team to have a private consultation in line with an earlier order.
“I moved some matters to 2pm, and I did not leave here until 7pm that day,” he added.
Justice Omotosho said, however, on Oct. 23, when Kanu was to open his defence, nothing happened.
According to him, with time, the court will invoke appropriate provisions.
He also said that though the allegation that the DSS operatives were eavesdropping was not substantiated, he decided to grant the order for them to meet in his court.
“If I continue this way, other matters will suffer,” the judge said.
Justice Omotosho, therefore, ordered the DSS to provide another facility for the IPOB leader and his counsel to meet.
“I will not vacate this court for any pre-trial again because this opportunity was not used,” he held.
The judge then adjourned the matter until Oct. 27 for Kanu to open his defence.
Meanwhile, shortly after the adjournment, Kanu indicated interest in speaking, but Justice Omotosho ordered that another case be called.
(NAN)
