Court May Terminate FG’s Case Against Nnamdi Kanu On May 26
The federal high court sitting in Abuja may terminate the federal government’s case against leader of the Indigenous People of Biafra, Nnamdi Kanu on May 26.
This is in view of a pending application (dated 2019) before the court which was raised by Kanu’s lawyer, Mike Ozekhome SAN, during the proceeding on Wednesday.
The application is asking Justice Binta Nyako to vacate several previous orders she made against Kanu when he fled the country after a military invasion of his country home in Abia.
The application also explained that Kanu did not jump bail but that it was the military attack on Kanu’s village that forced him to run away.
Based on Kanu’s prolonged absence in court prior to his extradition , Justice Nyako had revoked the bail she granted Kanu in 2017.
She also issued a bench warrant against him and ordered that his trial should continue in his absence.
Kanu was eventually extradited to Nigeria on July ,2021.
Ozekhome, in the application, urged the court to vacate those orders because his client fled for his life.
But the prosecution counsel, David Kaswe, raised objection to it.
He argued that the application had been overtaken by events since Kanu is now within the custody of the Department of States Services.
However, Justice Nyako held that she must rule on the application because of its connection to the entirety of the case.
She said that the particular application by Kanu’s lawyer may be able to terminate the proceeding; if she rules in favor of it.
“So I will rule on it.
“This case is adjourned to May 26 for ruling on the application and or for hearing on the case,” she ruled.
Earlier, the judge refused to grant Kanu bail asking him to explain the reason for not abiding by his initial bail conditions.
The application to be ruled upon on May 26, captures the explanation of Kanu’s absence from court at the time, according to Ozekhome’s explanation to newsmen.
Furthermore, Ozekhome said in open court that he had applied that the record of proceeding of the case against Kanu be forwarded to the Court of Appeal.
“So we are testing the remaining seven counts,” before the appellate court, he said to the judge.