Justice Binta Nyako of a Federal High Court, Abuja, has fixed April 8 for ruling in a preliminary objection filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
This is even as Justice Nyako barred Mazi Kanu from wear Ibo Traditional Attire being Kanu’s preference, except any other dress.
Kanu is challenging the jurisdiction of the court to try him.
Justice Nyako fixed the date after Chief Mike Ozekhome, SAN, counsel for Kanu and Shuaibu Labaran, the prosecution counsel, had adopted arguments for and against the defendant’s preliminary objection.
The News Agency of Nigeria (NAN) reports that Kanu is also challenging the validity of the 15-count amended charge preferred against him by the Federal Government.
In a short adumbration, Ozekhome, who urged the court to discharge and acquit his client of all the charges levelled against him, argued that the application filed against Kanu was incompetent.
The senior lawyer further argued that the 15-count amended charge was “defective and baseless.”
He said the application denied the court of jurisdiction to entertain charge.
Ozekhome adopted his application and asked court to quash, strike out and dismiss the entire charges.
He asked the court to look at the entire grounds and affidavit, from paragraph 5 to 36, of notice of preliminary objection, etc.
He said Kanu was unlawfully brought to Nigeria against his will and in flagrant violation of international protocol on extradition.
But the prosecution counsel urged the court to refuse Kanu’s motion for lacking in merit, and to make an order, directing the prosecution to open their case.
“We wish to state emphatically and particularly in paragraphs 7, 8, 9, 25, 26, 27, 28, 29 and 30 of the affidavit in support of the motion as going into the substance of the case yet to be heard,” Labaran said.
He argued that the court had jurisdiction to hear the matter going by the Administration of Criminal Justice Act (ACJA).
Meanwhile, Ozekhome complained that despite the court order, the DSS had refused Kanu to change cloths.
He also prayed the court to make an order, directing the DSS to release his clients’ eye glasses so that he could read with it.
The judge then asked the Director of Legal, Department of State Services (DSS), why Kanu appeared in the same attire despite court order.
The officer told the court that though family members of Kanu brought a clothe for him, the traditional clothe brought was unacceptable by his office.
He stated that the family came with a clothe that has a lion’s heart which “offends our standard operating procedures”.
However, Nyako asked the defendant; “Mr Kanu, what type of cloth do you want to wear?
“I want to wear the clothes of my people, “Isi Agu”, Kanu replied.
Responding swiftly, the judge said: “That kind of cloth cannot be worn in my court.”
She however urged that Kanu should be provided with other clothes before the next adjourned date.
The judge also directed that the security outfit should make provision for another eye glasses for Kanu, if the one taken from him had been misplaced.
Meanwhile, the Department of State Services, on Wednesday, complied with the advice of a Federal High Court, Abuja, not to block the court premises and environs ahead of the trial of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The News Agency of Nigeria (NAN) reports that the trial judge, Binta Nyako, who fixed today’s sitting at 1p.m., had advice the officers of the DSS to inform their office about her recommendation.
Although Nyako did not specifically made an order, directing the security outfit against such act, she said this would allow the business of the court not to be grounded.
A check at the court early in the morning showed that FHC staff, lawyers, litigants, journalists, among others, had free access into the high-rise building and its surroundings.
And as at the time of filing the report, there was free movement of people and vehicles within and outside the court.
NAN reports that the judge had, on Jan. 19, advice the DSS not to take over the security arrangement of the court today until 12pm.
The court instructed DSS to only take control of the court security arrangement when the trial of Kanu, on terrorism charges, resumes.
Nyako had complained that trials of other cases are affected each time Kanu’s trial takes place due to heavy security presence and blockade of roads leading to the court.
She then shifted the terrorism trial till 1pm to ensure that other cases are accommodated.
-NAN
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