Nnamdi Kanu’s Absent In Court, Hope Dashed As Trial Is Still January 2022

By Uche Mbah

Enthusiasm and hope raised among supporters and associates of the Leader of the Indigenous Peoples of Biafra, Mazi Nnamdi Kanu, that the motion for his bail would be moved in Court on Thursday, December 2, 2021, have been dashed.

Circumstances did not give room for  Kanu’s Counsels to move any applications as the Counsel for the Federal Government, Shuaib Labaran, who stood in for the Attorney General of the Federation and Minister for Justice, Abubakar Malami, SAN, informed the Court that a counter affidavit, opposing the abridgement of the adjourned period as requested by Kanu’s Counsels has been filed.

Kanu, himself, was not brought to Court. And Security was not tight at all. His Special Counsel, Alloy Ejimakor explained in a brief  that the Department of State Services must have concluded that Kanu’s presence was not necessary in Court for the sort of applications scheduled to be moved.

On November 10, the trial Judge, Binta Nyako, had adjourned the case to January 19, on noticing, when he entered the Court, that Kanu’s Counsels had walked out of the Court in protest that some members of his legal team were not allowed into the Court by Security Agents. She, therefore, adjourned the case to January 19, 2022.

But Kanu’s Counsels protested the adjournment and applied to Court for an abridged hearing date. It was granted and scheduled for Thursday, December 2.

Nyako ruled that she couldn’t rule on the abridgement since the Federal Government has sworn to an affidavit opposing the abridgement, and already served Kanu’s Counsels. “There is no judicial time for such an issue”, she said.

The pleas by Kanu’s Counsels for a shorter adjourned date did not work  as the Judge’s case diary, read in Court, was already full.

The case was, therefore, adjourned to January, 18, 2022,  instead of 19, and would run through 18, 19 and 20.

However, the Judge took notice of the complaints made recently about Kanu’s situation at the DSS custody by Ejimakor. He had complained that Kanu has not had change of clothes, is not allowed to practice his Jewish religion, and is also not allowed to mingle with other people.

Nyako ordered that he be granted all those.

Following is a summary of what happened in Court as put out in a Press Statement by Ejimakor.

Summary of Mazi Nnamdi Kanu’s Court proceedings of today, 2nd December

First, there was total absence of security operatives in court and around the outer perimeters as was the case during previous proceedings.

Second, Mazi Kanu was not in court and there was no officer from the DSS to explain why. But from what I surmised, both the court and the DSS might’ve concluded that his presence in court was not strictly required in the sort of application that was moved in court today.

Third, the court did not grant Kanu’s Legal Team the leave to move our application challenging the jurisdiction of the court to continue the trial. Recall that we had filed such application, arguing that the extraordinary rendition of Kanu constitutes a constitutional barrier to his trial. The court ruled that the application was not calendared for hearing today. That it will be heard at the next adjourned date.

Fourth, the court, after going through what it said is a tight judicial calendar, moved the date of the next hearing backwards from 19th to 18th January, 2022.

Finally, the court ruled that it will entertain all outstanding applications at the next hearing; and proceeded to make the following Orders:

1, That Mazi Kanu be given maximum comfort possible in the detention facility.

2, That he be allowed a change of clothing.

3, That he be allowed free practice of his Jewish faith including access to his Jewish religious materials.

4, That the DSS obey all previous orders granted in the matter, including allowing Kanu any visitor of his choice.

5, That Kanu be permitted, at his option, to mingle freely with other inmates or any other persons at the detention facility.

Signed:

Aloy Ejimakor

Special Counsel to Nnamdi Kanu/IPOB.

Abuja, 2nd December 2021.