Biafra agitator Nnamdi Kanu has said some witnesses he lined up for his defence in his terrorism trial will be coming from different parts of the world, including Ethiopia, Kenya and the United States.
Mr Kanu, who has chosen to defend himself without the services of a lawyer, said this at a scheduled hearing before trial judge James Omotosho of the Federal High Court in Abuja on Friday.
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PREMIUM TIMES reported that the leader of the proscribed Independent People of Biafra (IPOB) had, in a motion filed on 21 October, which he personally signed, listed some serving and retired public officers, and other unnamed personalities as his proposed defence witnesses.
He said in the motion that he planned to call 23 witnesses divided into two categories. The first, he described as “ordinary but material witnesses,” while the second, he called “vital and compellable.” He sought to have them summoned under Section 232 of the Evidence Act, 2011.
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He asked the court to grant him 90 days to conclude his defence, citing the number of witnesses he intends to call.
Mr Kanu, a dual citizen of Nigeria and the United Kingdom, is expected to open his defence in rebuttal to the terrorism charges after the prosecution closed its case in June with five witnesses.
In the charges, the federal government accused Mr Kanu of inciting violence and killings in the South-east, for years, to achieve the independence of Nigeria’s South-east and parts of neighbouring states as a Biafra nation.
At Thursday’s hearing which was scheduled for him to open his defence, Mr Kanu announced the disengagement of his legal team led by a former Attorney General of the Federation and Minister of Justice, Kanu Agabi, a Senior Advocate of Nigeria (SAN). He told the court he was ready to defend himself.
Friday’s hearing
At the start of the resumed hearing on Friday, Mr Kanu announced appearance for himself from the dock. “I am Mazi Nnamdi Kanu. I stand for myself,” he said.
Adegboyega Awomolo, Senior Advocate of Nigeria, who announced appearance for the prosecution, told the court that the case was fixed for defence and that his team was ready to proceed.
But Mr Kanu said he was not ready to begin his defence because his disengaged lawyers had yet to hand over his case file.
“My lord, my counsel left the case yesterday and I have not received the file from them. The few people that would have brought it were prevented from seeing me,” he said.
He then asked for an adjournment to enable him to do the needful.
Mr Kanu also said the three-day weekly access granted to him by the State Security Service (SSS), the agency that hss detained him since June 2021, would not be sufficient to prepare his defence, given the number of witnesses expected from across the world.
He told the court that he is only allowed two hours’ access every Monday, Wednesday and Friday.
“That is not enough because I have about 23 witnesses who will be coming from different parts of the world, from Ethiopia, Kenya and the US. I want the court to make an order so that these people can have access to me,” he said.
When the judge asked if those witnesses were part of the list in his motion, Mr Kanu replied, “They are part of the witnesses listed, my lord.”
Prosecution responds
In his response, Mr Awomolo said the defendant had enough time to prepare his defence since his no-case submission failed.
He said the court bailiff had already begun serving summons on the witnesses listed in Mr Kanu’s application.
Contrary to Mr Kanu’s statement, Mr Awomolo said, he was unaware that some of the witnesses were coming from outside the country.
The senior lawyer did not oppose the adjournment but urged the court to maintain the standing order directing Mr Kanu to conclude his defence within six days.
“The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to keep to the standing order,” he said.
Judge’s ruling
In his ruling, Mr Omotosho expressed surprise at Mr Kanu’s claim that his former lawyer had refused to release his case file.
“I am surprised that Chief Agabi will keep the file to himself, having announced yesterday (Thursday) that the defendant will conduct the trial himself and told the counsel to leave,” the judge said.
He recalled that the issue raised at the previous sitting was about jurisdiction, not the case file.
“The only issue raised was that of jurisdiction, which I declined and said should be raised in the final written address,” he added.
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The judge noted that the case was granted accelerated hearing by agreement of both parties.
“However, in the interest of justice and fair hearing, having raised the issue of the file this morning, though strange that Agabi will not release it, I will grant an adjournment,” the judge said.
He also granted Mr Kanu’s request for his lawyers to have access to him on non-work days for the purpose of the trial.
“The SSS should give him access on Saturday and Monday,” the judge ruled.
Mr Omotosho also said the court was created to ensure justice for all parties.
“The impression created when I assumed this trial was that there was delay. To address this, I created two sessions, morning and afternoon, to ensure this case gets expeditious hearing and other matters before me do not suffer undue delay,” he said.
He then appealed to Mr Kanu to take advantage of the opportunity.
“Not making use of this opportunity will deny other people their trial. Their trial will suffer. We have Chinese people in this court this morning who are here for trial,” he said.
The judge asked a Zimbabwean defendant, who had been in detention due to inability to perfect her bail, to stand up as an example of other cases waiting.
He noted that on 22 October, the entire day was vacated from 9 a.m. to 2 p.m. for Mr Kanu and his legal team to consult privately.
“I moved some matters to 2 p.m. and I did not leave here until 7 p.m. that day,” he said.
He added that on 23 October, when Mr Kanu was to open his defence, nothing happened.
“If I continue this way, other matters will suffer,” he warned.
Judge Omotosho ordered the SSS to provide another facility for Mr Kanu and his lawyers to meet, saying, “I will not vacate this court for any pre-trial again because this opportunity was not used.”
The case was adjourned till 27 October for Mr Kanu to open his defence.
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