The planned resumption of trial in the criminal case against Kanu before a Federal High Court in Abuja was stalled on Monday owing to the failure of the Department of State Services (DSS) to produce him in court.
Kanu,charged with terrorism, treasonable felony, unlawful possession of firearms and management of an unlawful society, is being kept in the custody of the DSS,courtesy of an order of court made on June 29 this year.
He was earlier arraigned with some members of his group, but jumped bail until he was rearrested and produced in court on June 29, during which the court ordered a resumption in his trial on July 26.
At the mention of the case around 11, that lead prosecuting lawyer, Mohamed Abubakar, noted that Kanu was not yet in court.
Abubakar said the prosecution was ready for trial and had three witnesses in court. He was optimistic that the defendant would be produced in court by the DSS,noting that the delay in his arrival could be as a result of logistic challenges.
The prosecuting lawyer noted that even if the defendant was present, he was not sure the court could proceed with the case, in view of the court’s vacation,which began yesterday.
He added that the judge also did not have the necessary fiat from the court’s Chief Judge for the case to be heard during vacation.
Lead defence lawyer, Ifeanyi Ejiofor, expressed dismay that his client was not in court.
Ejiofor, who complained about not being informed of the June 29 proceedings in the case and the hearing scheduled for July 26, said his team had been denied access to his client.
“We have been denied access to the defendant for the past eight days. I was informed yesterday that my client had been taken out of where he was being detained,” he said.
Ejiofor said he filed an application for the transfer of his client from the custody of the DSS to prison, but the prosecution served him its response late.
The defence lawyer also complained that some lawyers in his team were denied access into the courtroom by security operatives deployed in the court.
Ruling, Justice Binta Nyako ordered the prosecution to allow the defence lawyers access to the defendant on agreed terms.
Justice Nyako noted that the prosecution was tardy with its handling of the case, because it ought to have applied for the necessary fiat when it became obvious that the court’s vacation would commence yesterday.
On Ejiofor’s application, Justice Nyako said she was not ready to vary her order for Kanu’s detention in DSS’ custody.
“I am not transferring him to prison. I will not grant your application. I have told you that I have kept him where I want him to be kept.
“I will make an order to allow you access to him. But, it will be regimented. Your access will be controlled. I will give you time to see him. If you miss that opportunity that is for you,” the judge said.
She ordered the prosecution to ensure the production of the defendant on the next adjourned date, and subsequently adjourned till October 21.
A former governor of Anambra State, Chief Chukwuemeka Ezeife, attended yesterday’s proceedings. Ohanaeze Ndigbo was also represented by a lawyer, Chief A.G. Nwazurike, who said he was holding a watching brief for the group.
Another lawyer, N C.Dim Udegwuanyi also said he was in court to represent the interest of Otu Oki iwu (all the Igbo lawyers in Abuja).
Access to the court premises was difficult on Monday as security operatives deployed in the court subjected both lawyers and other visitors to strict scrutiny.
Many were turned back and there were instances of altercation between some lawyers and the security operatives over the ways they were subjected to checks,while some were denied access to the courtroom.
The roads leading to the court building were cordoned off while the proceedings lasted. Court officials, lawyers and other visitors were prevented from bringing their vehicles into the court premises.
Indigenous People of Biafra (IPOB) has expressed disappointment over the failure to produce its leader Nnamdi Kanu, in court in Abuja yesterday.
The group described the act as a deliberate plot to inflict further torture on its leader.
In a statement by its Publicity Secretary, Emma Powerful, IPOB said that producing Kanu was the only way to prove to its members he was still alive.
It also demanded unconditional release of those arrested in Abuja and other parts of the country for their solidarity to its leader.
“We the global family of IPOB, condemn the seek and hide attitude of the Department of State Services, DSS, and its systematic delay and failure to produce Nnamdi in court.
“We also wish to heartily commend all markets, banks and government agencies, motor parks, transport companies, etc, who showed solidarity to our leader Mazi Nnamdi Kanu without formal announcements from IPOB leadership. We thank all Biafrans and friends of Biafran who in one way or the other solidarised with our leader today.”
