The Federal High Court in Abuja has directed the Attorney General of the Federation, Lateef Fagbemi and Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, to explore political solution and reconciliation in the ongoing terrorism trial
Justice Binta Nyako gave the order while invoking the court’s power under Section 17 of the Federal High Court Act.
Section 17 of the Federal High Court Act states that” In any proceedings in the Court, the Court may promote reconciliation among the parties thereto and encourage and facilitate the amicable settlement thereof.”
This is also as the court adjourned the ongoing trial against Kanu, to September 23, 25, and 26, 2024 following the inability of the trial to commence properly.
Justice Binta Nyako made the adjournment after the defense counsels prayed the court to explore section 17 of the Federal High Court Act on following the the denial of his application to quash the remaining 7 count charge against Kanu.
This was the submission of Nnamdi Kanu’s lawyer, Alloy Ejimakor, before Justice Binta Nyako following the dismissal of a fresh application by Kanu challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional.
The court held that it cannot overrule itself on issues it had already resolved, adding that the only option left for the applicant was to proceed on appeal.
At the proceeding, Ejimakor noted that trial cannot go on if his client rights to fair hearing is being questioned.
Ejimakor also brought to the attention of the court that the Department of State Services (DSS) was yet to fully comply with the orders of the court as their visit to Kanu was still being bugged.
He, however, stated that the defendant has resolved to contempt of court proceedings against the Director General of the DSS for refusing to obey the court orders directing the Service to grant Kanu a “safe room” (unbugged) space for meeting with his lawyers.
In response on the issue of section 17 of the High Court Act,2011, the prosecution lawyer, Adegboyega Awomolo, SAN, informed the court that he does not have the instruction of his client to embark on any negations with the defendant over the charge.
Awomolo noted that he told Ejimakor to go to the Attorney-General of the Federation (AGF) who has the power.
However, trial judge, who observed that the court has no problem if the parties want to discuss negotiation, urged Kanu to approach the AGF who is the proper person to negotiate with.
On the issue of Forms 48 and 49, seeking the imprisonment of the DSS boss for allegedly disobeying the court’s orders, Justice Nyako held that both applications were not before her, adding that the matter would be looked into when she sees the file.
Nyako, however, ordered the Service to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare Kanu for trial.
Justice Nyako in addition, ordered the prosecution to file and serve its proof of evidence on the defendant while the defendant files his defense pending the next adjourned date. She added that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.
