…as detained IPOB leader pleads not guilty before a new judge
By Ikechukwu Nnochiri
ABUJA — The Federal High Court sitting in Abuja, on Friday, ordered accelerated hearing of the seven-count treasonable felony charge the Federal Government preferred against the detained leader of the proscribed Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu.
Kanu, whose trial started de-novo (afresh) following the reassignment of his case-file to Justice James Omotosho, pleaded not guilty to the allegations against him.
It will be recalled that Justice Binta Nyako, who previously conducted the case, recused herself from the matter after she was accused of bias by the embattled IPOB leader.
Justice Nyako initially adjourned the trial sine die ( indefinitely) until the Chief Judge of the high court, Justice John Tsoho, transferred the case-file to the new judge, a development that warranted the defendant to take a fresh plea on Friday.
Shortly after the proceeding started, the defendant, whose legal team is now led by a former Attorney-General of the Federation and Minister of Justice, Mr. Kanu Agabi, SAN, tendered an apology to both the former trial judge and the prosecution counsel, Chief Adegboyega Awomolo, SAN, over his outburst in the open court on February 10 when his case was adjourned indefinitely.
He begged Justice Nyako and FG’s lawyer for forgiveness, admitting that he was overtaken by emotions.
Kanu, whose written apology was delivered by his attorney, pledged to be of good conduct throughout the duration of his trial.
Agabi, SAN, maintained that though his client had cause to be angry, he, however, should not have spoken when anger overwhelmed him.
“My lord, in expressing his anger, he attacked the federal high court, he attacked Justice Binta Nyako, he attacked the prosecutor and his own lawyers.
“I hereby apologize to Justice Binta Nyako. She did not deserve the unjust attack. I apologize to Chief Adegboyega Awomolo SAN. He deserves highest respect. He was castigated without reservations.
“I appeal for forgiveness. Kanu is a good man but all of us cannot be of one mind. He is not perfect but was only defending the cause of Igbo people who are resilient, fearless and using their God given talents to give good account of themselves. We may have misgivings but we must seek forgiveness. In resolving our differences, let us employ peace and not violence to resolve our differences,” Agabi, SAN, added.
In his brief remark, FG’s lawyer, Awomolo, SAN, said he was moved by the plea and has forgiven Kanu for all he said against him. He added that contrary to Kanu’s allegation, he was not out to persecute him but to ensure quick resolution of the matter.
Consequently, the prosecution asked for an adjournment to enable him assemble his witnesses to appear on the next date.
Following a no-objection stance by Kanu’s legal team, Justice Omotosho adjourned the case to April 29, May 2 and 6, for full blown trial.
The court noted that Kanu’s trial had lasted over 10 years.
Kanu was first arrested in Lagos on October 14, 2015, upon his return to the country from the United Kingdom, UK. On April 25, 2017, the court granted him bail on health ground, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021 and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Sequel to the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remained till date.
On April 8, 2022, the court struck out eight out of the 15-count charge that FG preferred against him on the premise that they lacked substance.
Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.
Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.
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-counts charge.
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