By Fadehan Oyeyemi The Igbos in diaspora have again canvassed for justice, equity and fair-play in the trial of terrorism offences b...
By Fadehan Oyeyemi
The Igbos in diaspora have again canvassed for justice,
equity and fair-play in the trial of terrorism offences brought against the
leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu by the federal
government.
The group specifically pleaded with the trial Judge, Justice
Binta Nyako of the Federal High Court in Abuja not to tilt in favour of the
federal government in the trial but to uphold fairness and the sanctity of
judiciary in resolving the matter.
In an open letter to the judge, the Igbos in diaspora
operating under the aegis of the American Veterans of Igbo Decent (AVID), asked
Justice Nyako to follow the dictates of Nigeria’s Constitution and relevant
laws to do justice and free Kanu from the charges.
In the letter signed by Dr Sylvester Onyia, and Godson
Obiagwu, AVID President, and Secretary respectively, they begged the Judge to
consider the admonitions of the Supreme Court that the bail earlier granted him
ought not to have been revoked.
Justice Nyako had earlier refused the oral application for
bail argued by Kanu’s lead counsel, Aloy Ejiamakor and directed that the
request be made in writing on the ground that the federal high court is a court
of record.
But the group said that the request should have been granted
in view of the deteriorating health condition of the IPOB leader.
“The same prisoner of conscience was unjustly arrested and
even after fleeing his home due to government invasion, he continues to face
unjust imprisonment.
“His parents were also subjected to physical, emotional, and
mental torture leading to their deaths. Injustice to Kanu is injustice
everywhere.”
The Court of Appeal in Abuja, had last year discharged Kanu
from terrorism charges against him by the Federal Government and ordered his
immediate unconditional release.
The Federal Government appealed the judgment at the Supreme
Court which government won but the Court in a comment outside the judgment held
that Kanu’s bail ought not to have been revoked.
Meanwhile, Justice Nyako will on May 20, 2024, rule on the
request for restoration of Kanu’s revoked bail and the removal from the custody
of the Department of State Services (DSS) to house arrest or prison custody.
The court fixed the date after taking arguments from Kanu‘s
legal team led by Aloy Ejimakor and that of the federal government, represented
by Adegboyega Awomolo (SAN).
Kanu, who has been in detention since 2021 in a motion
argued by Ejimakor requested the court to restore the bail granted him in 2017
by the same judge.
He told the court that contrary to the claim of the federal
government, he did not jump bail or breach any of the conditions of the bail
but had to escape out of the country when the military allegedly invaded his
house.
He told the court that he would have been killed, if he had
not escaped the way he did and accused the federal government of misleading the
court to get the bail revoked in his absence.
He also asked the court to set aside the arrest warrant
issued against him by the court while he was out of the country.
In a separate motion, also argued by his legal team, Kanu
requested for his removal from the custody of the DSS to a house arrest or in
the alternative, to remand him in prison.
Besides, he asked that his lawyers must be allowed
unhindered access to him to enable him prepare for his defence in the terrorism
charges against him, adding that, until those conditions are met by the Federal
Government in line with Section 36 of the 1999 constitution, he would not
submit himself for trial.
However, the federal legal team, led by Adegboyega Awomolo
SAN, opposed granting of all the requests made by Kanu.
The senior lawyer said in criminal matters, no defendant has
the right to dictate to court how his prosecution would be conducted.
Awomolo told the court that Kanu was once admitted to bail
but breached the bail by escaping out of the country under false claims.
The senior lawyer argued that the fresh request for bail by
Kanu is a gross abuse of court process, having been rejected earlier by the
same court, adding that the only option opened to the defendant is to go to the
Court of Appeal to challenge the rejection since the High Court cannot overrule
itself.
On the request for removal from DSS custody, Awomolo said
that, the only safe and secured environment for Kanu remains the DSS custody in
the interest of the safety of his life.
He urged the court to dismiss the allegation of hindered
access to lawyers by Kanu, adding that, in his application and the supporting
affidavit, Kanu did not name any DSS operative hindering lawyers from accessing
him or eavesdropping during conversation with lawyers.
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