TheCable

Nnamdi Kanu, director of Radio Biafra and leader of the Indigenous People of Biafra (IPOB), on Wednesday told the federal high court in Abuja, that he preferred to remain in detention than subject himself to a trial where he is not likely to get justice.

Kanu, who spoke from the dock, accused the federal government of refusing to comply with court rulings.

He also refused to take plea on a six count charge of treason, importation of illegal good and possession of fire arms filed against him by the Department of State Services (DSS), saying he had it on good authority that Ahmed Mohammed, the trial judge, was biased.

“I will rather remain in detention than subject myself to a trial that I know amounts to perversion of justice,” he said.

“I will not have a fair trial in this very court because information available to me indicates that I will not receive fair trial before this very judge.

“I will not for any reasons sacrifice the due process of law founded on the principle of natural justice on the altar of my speedy release from detention.

“After all, previous orders have been made in my favour by courts of competent jurisdiction that my accuser, the state security service failed to carry out.”

Objecting the oral application, Mohammed Diri, counsel to the federal government, argued that the issues raised by Kanu were unfounded.

“It is my submission your Lordship that the rule of this court had laid the procedure by which a defendant may object to his or her trial before any court,” he said.

“The defendant could do this by filing a proper application before the court. Such application will exhibit special circumstance why he should be tried by a particular court.

“Such formal process would give opportunity to the prosecutor to file a proper reply to the objection. Your Lordship, this has not been followed in this case.”

Diri further argued that “under Section 396 (2) of the administration criminal justice act an objection to trial may be raised after a plea is taken.

“The defendant is putting the cart before the horse by raising an objection for his trial before the charges are read to him and plea taken.”

But the judge who said he found nothing wrong with what Kanu said, disclosed that he was withdrawing from the case.

“I am of the view that the first defendant has the right to object to be tried in any court. I do not see any wrong with the issues raised,” he said.

“Justice is all about confidence. Would the prosecution not raise similar objection if occasion has presented itself.

“Let it be clear that the defendant is not challenging the validity of the charges against him.”

Mohammed said section 396 of the administration criminal justice Act used to deflate the objection does not apply in the circumstance.

“It is on this premise that I remit the case file to the office of the chief judge for re-assignment,’’ he said.

The DSS filed fresh charges of felony against Kanu, alongside two others – Benjamin Madubugwu and David Nwawuisi.

Kanu’s travail with the secret police started in October when he was arrested shortly after he arrived the country from his base in the United Kingdom.

He was accused of criminal conspiracy, ownership of an unlawful society and attempting to split Nigeria and was held in DSS custody for months before the service arraigned him in court.

Last Wednesday, Shuaibu Usman of the chief magistrate court, Wuse zone 2, Abuja, discharged Kanu, on all the charges brought against him by the federal government through its agent, the DSS.

A day after, Adeniyi Ademola, a justice of the federal high court, Abuja, ordered the DSS to release Kanu “immediately”, saying his continued detention was unlawful.

Ademola said Kanu was yet to be charged on suspicion of terrorism,  probably because the DSS lacked the required material to prosecute him.

But a day after the ruling, Vincent Obetta, Kanu’s counsel, told TheCable that his client was still in detention because he had not perfected the bail condition granted to Kanu.

“There is nothing that will hold him back, except the government wants to be funny again. Before 1pm, we will finish the paper work, and then we will go to the SSS,” he had said.

In recent times, the continued detention of Kanu has led to a wave of protests, engineered by IPOB, across the country, particularly in the south-east.

The group is demanding an immediate and unconditional release of its leader.

Photo credit: SaharaReporters