A Federal High Court in Abuja on Monday adjourned indefinitely the trial of the Biafra nation agitator, Nnamdi Kanu in the terrorism charges brought against him by the Federal Government.
Justice Binta Nyako put off the trial sine die at the instance of Kanu, pending the resolution of the Federal Government’s appeal against the October 13 judgment of the Court of Appeal that discharged him from the terrorism charges.
The Federal Government’s appeal seeking reversal of the Court of Appeal judgment is pending before the Supreme Court.
During the hearing on Monday before Justice Binta Nyako, the federal government alleged that the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has refused to present himself before the Federal High Court in Abuja for his planned re-arraignment.
Kanu, who is currently in custody of the Department of State Service, DSS, is facing an amended 7-count terrorism charge.
A team of government prosecutors led by the Director of Public Prosecution, Mr. M.B. Abubakar, told trial Justice Binta Nyako that the IPOB leader, declined to be brought before the court for trial .
“My lord, I understand that the defendant declined to come to court today.
“As at last week, the defendant was intimated of this sitting and he did not object. However, when I called the office this morning, I was informed that the defendant woke up and declined to come to court.
“All entreaties and pleas were made but he refused to come to court”, government lawyer told the court.
However, Chief Mike Ozekhome, SAN, who is leading Kanu’s defence team, told the court that FG’s allegation was strange to him.
“My lord, this is totally strange to me because this is a person that has never hidden his intention to always be in court. In fact, even in processes we filed at both the Court of Appeals and the Supreme Court, the defendant said he would want to be present in court for hearing of all the matters”, Ozekhome, SAN, added.
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He further notified the trial judge about the judgement of the Court of Appeal that quashed the 15-count charge FG preferred against his client and discharged him of all the allegations.
Ozekhome contended that since FG has gone to the Supreme Court to set aside the judgement and his client also challenging the order that stayed the execution of the verdict, it was better for the matter to be adjourned sine-die (indefinitely).
Besides, he told the court that his client was not served with the amended charge.
“We have not even been served with this charge, we only read about it on the social media. It was this morning that we discovered that it has been listed on the cause list and I thought that my learned friend will stand up and say that in view of the subsisting Appeal Court judgement, that he is withdrawing it.
“We are surprised because this is an abuse of court process”, Ozekhome stated.
On his part,Mr. Abubakar, said he was not opposed to an adjournment to enable the Supreme Court to determine the appeals pending before it.
Consequently, trial Justice Nyako adjourned the case indefinitely.
Giving an update via his Twitter handle,Kanu’s lawyer, Ifeanyi Ejiofor, said, “The court per His lordship Hon. Justice Binta Nyako, is in agreement with us that it lacks the jurisdiction to entertain any further charge against Kanu, in view of the landmark judgment of the Court of Appeal.
“The matter was consequently adjourned sine die pending the outcome of the appeal at the Supreme Court. We are winning! Supreme Court here we come! No going back on ONYENDU’s freedom.”
“Our appeal to set aside the order staying the execution of Onyendu’s judgment will be fixed for hearing any moment from now.
We shall keep you all posted,”
“ChukwuOkike Abiama is always on the throne. We move.”