Heavy security measures have been deployed around the Federal High Court in Abuja as the long-awaited trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), is expected to commence today (Monday).
Operatives of the Department of State Services (DSS) are thoroughly searching lawyers, visitors, and passersby, verifying their identities and redirecting some as necessary.
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Kanu, who was first arraigned in 2015, is facing terrorism-related charges as ordered by the Supreme Court.
A hearing notice dated February 8, 2023, outlined expectations for both parties, including the presentation of all relevant evidence and witnesses.
“If either party desires to postpone the hearing he must apply to the Court as soon as possible for that purpose; and if the application is based on any matter of fact, he must be prepared to give proof of those facts.
“The parties are warned that at the hearing they are required to bring forward all the evidence by witnesses or by documents which each of them desires to rely on in support of his own case and in contradiction of that of his opponent,” the hearing notice read.
THE WHISTLER recalls that the Supreme Court had on December 15 upheld the Federal Government’s treason and terrorism charges instituted against Nnamdi Kanu.
On October 13, 2022, the Court of Appeal justices quashed all charges against Kanu, agreeing with the submissions of Mike Ozekhome, the IPOB leader’s lead counsel.
The Court of Appeal, while discharging Kanu of the 15 count charges against him, had barred the FG from trying Kanu on the charges he was facing before his forceful rendition from Kenya to Nigeria by agents of the Nigerian government on June 27, 2021.
The justices held that Kanu’s extraordinary rendition from overseas was done in violation of international laws, treaties on extradition, thereby shielding Kanu from being tried on the charges.
But the appellate court later stayed its judgment after the federal government through the office of the Attorney-General of the Federation asked that the execution of the verdict be paused in view of its application to the Supreme Court.
Reading the judgment prepared by Justice J. Garba, Justice Agim Emmanuel of the apex court held that if the police should illegally violate the right of an accused, it should not block the court from jurisdiction.
“There is no legislation that provides that a trial court will not have jurisdiction where a prosecution violates a person’s right.
“Certainly, we decided not to go with the Court of Appeal decision,” Justice Agim had said.
He said as much as the apex court strongly condemned what the prosecution did, Nigeria must protect its image through adherence to international and local law.
“The Nigerian law has not stated that the court should decline jurisdiction from trying a case even if law enforcement has violated the rights of a person,” the apex court said, allowing the appeal of the FG.