Trial stalled as Nnamdi Kanu seeks more time to access case file ahead of defence

A federal high court in Abuja has adjourned the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), to October 27 to enable him commence his defence.

During Thursday’s proceedings, Kanu disengaged his legal team led by Kanu Agabi, a senior advocate of Nigeria (SAN), prompting the lawyers to formally withdraw their representation.

He informed the court of his intention to personally conduct his defence, after which James Omotosho, presiding judge, fixed October 24 for the opening of the case.

At the resumed sitting on Friday, Kanu said he could not proceed because he had yet to receive his case file, explaining that those who attempted to deliver it to him the previous day were denied access.

He therefore requested additional time to obtain the file over the weekend and prepare adequately for Monday’s hearing.

Kanu also asked the court to direct the Department of State Services (DSS) to allow him daily visits instead of the current schedule of Mondays, Wednesdays, and Fridays, to facilitate his preparation.

In addition, he sought an order permitting foreigners access to the DSS facility, noting that some of the 23 witnesses he intends to call would be coming from countries like the United Kingdom, the United States, and Ethiopia.

Adegboyega Awomolo, counsel for the federal government, did not oppose the request for adjournment until Monday but urged the court to bear in mind its earlier order granting the defendant only six days to open and close his case.

Omotosho granted the adjournment and directed the DSS to allow Kanu access to his legal team over the weekend to prepare his defence.

He cautioned the defendant to make full use of the fair-hearing opportunity extended to him, noting that other cases before the court had been delayed due to the priority given to his trial.

The judge added that he would no longer vacate the courtroom for pre-trial conferences between Kanu and his lawyers, as a similar opportunity had previously not been fully utilised.

He ruled that such sessions should henceforth continue at the DSS facility, with instructions that the defendant and his legal team be provided a conducive environment for their discussions.

The matter was thereafter adjourned to October 27 for continuation of trial.

BACKGROUND

Kanu was first arrested in 2015 but fled the country after being granted bail in 2017. He was later re-arrested in 2021 and has since remained in the custody of the DSS.

The federal government has maintained its charges against Kanu, accusing the separatist of inciting violence through IPOB’s activities and calling for the secession of the south-east region from Nigeria.