ABUJA – A federal high court in Nigerian capital Abuja has ordered an accelerated hearing of the seven-count treasonable felony charge against Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
The presiding judge, Justice James Omotosho adjourned the matter to April 29, May 2, and 6 for a full-blown trial.
Kanu’s trial started anew after his case file was reassigned to Justice Omotosho. He pleaded not guilty to the allegations against him.
Through his legal team, Kanu apologised to the court for his outburst during his last appearance before the former trial judge, Justice Binta Nyako, who recused herself after Kanu accused her of bias.
On September 24, 2024, Justice Nyako withdrew from the case and sent the file to the chief judge for reassignment, saying she could not proceed with a trial where “the defendant lacked confidence in the court”.
However, the chief judge later returned the file to her, insisting that a formal application was required before her recusal could be accepted.
Kanu and Ejimakor maintained on February 10 that Justice Nyako no longer had jurisdiction after stepping down from the case, prompting the judge to adjourn the matter sine die.
Before Justice Nyako, the case had been handled by Justice Ahmed Mohammed, who has since been elevated to the Court of Appeal, and Justice Tsoho before he became the Chief Judge.
The Chief Judge of the high court, Justice John Tsoho, then transferred the case file to Justice Omotosho.
During the proceedings, Kanu tendered a written apology to Justice Nyako and the prosecution counsel, Chief Adegboyega Awomolo, SAN, for his outburst on February 10.
Kanu’s legal team, now led by former Attorney-General of the Federation and Minister of Justice, Mr. Kanu Agabi, SAN, pledged that Kanu would be of good conduct throughout the trial.
In response, FG’s lawyer, Awomolo, SAN, forgave Kanu for his comments, stating that he was not out to persecute Kanu but to ensure a quick resolution of the matter.
The prosecution then asked for an adjournment to assemble witnesses, which was granted.
Kanu is facing trial on terrorism charges levelled against him by immediate former President Muhammadu Buhari’s administration over his call and agitation for a sovereign state of Biafra. He pleaded not guilty to all charges.
His initial arrest in 2015 triggered protests by his supporters. In 2017, Justice Binta Nyako of a Federal High Court in Abuja granted Kanu bail.
Upon his release, a military invasion of his ancestral home in Umuahia, Abia State, in September 2017, forced him into exile, hence he did not attend his trial on the next scheduled date and thereafter. From then till June 2021 when he was abducted from Kenya and was subjected to “extraordinary rendition”, and brought back to Nigeria by former President Buhari’s government, there has been a robust public debate as to whether he jumped bail or not.
But an Appeal Court had discharged and acquitted Kanu of all terrorism charges, the judgment was later overturned by the Supreme Court which transferred the case back to the Federal High Court.
While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgement of the appellate court and gave the Federal government the nod to try the IPOB leader on the subsisting seven-count charge.
Kanu, who holds a UK passport, has remained in prison, despite the Appeal Court ordering his release in October 2022 after ruling that he had been illegally arrested abroad.
In January 2024, Kanu’s attorney, Aloy Ejimakor clarified that the Supreme Court had settled the controversy on whether Kanu jumped bail or not.
The attorney said the Supreme Court also clarified that Kanu’s bail “should not have been revoked”. In the Certified True Copy (CTC) of the judgment delivered in December 2023, the apex court declared that Kanu did not jump bail.
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