Why Nnamdi Kanu’s Lawyers Walked Out On Trial Judge

MICHAEL AKINOLA

The legal team of the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, on Wednesday, walked out on Justice Binta Nyako, the judge of the Abuja division of the Federal High Court handling the separatist’s trial.

Reports have it that members of the defence team, led by Mr. Ifeanyi Ejiofor, who were earlier seated in court, walked out just before the arrival of the judge about 10 am, accusing the judge of bias for conducting proceedings in their absence.

Their action, it was learnt, was in protest against the refusal of the operatives of the Department of State Security (DSS) to allow Mr. Bruce Fein, an American lawyer working with the team into the courtroom.

This brought Wednesday’s proceedings abruptly ended with the judge adjourning till January 19, 2022.

Kanu, who is being prosecuted on a seven-count charge bordering on terrorism, had before Wednesday’s proceedings, engaged the DSS agents in a shouting-match inside the courtroom when he observed the absence of his legal team.

As proceedings resumed after the judge entered the courtroom, Mr. Mohammed Abubakar, announced an appearance for the prosecution.

However, the defence team, led by Mr Ejiofor was nowhere to be found, prompting the judge to ask Kanu of his lawyers’ whereabouts.

In his response, Kanu said his lawyers were protesting the denial of access to Mr Fein, the IPOB lawyer in the United States, who was on the Federal High Court premises to observe the day’s session.

As a result of the development, the prosecuting lawyer, Abubakar, urged the court to dismiss all the pending applications that were filed by Kanu’s legal team.

“Having decided to stage a walk-out on the court, I urge my lord to dismiss the defendant’s pending applications,” Abubakar who is the Director of Public Prosecution of the Federation prayed the judge.

But the judge, who was visibly unhappy about the walk-out, declined the prosecution’s oral application calling for the dismissal of Kanu’s pending requests.

“Staging a walk-out on the court is a very serious offence. I will not dismiss the applications; let it be in the case file. But discuss with your lawyers so that their attitude can change,” Justice Nyako advised the proscribed IPOB leader.

She noted that individuals seeking to attend Kanu’s trial must write her court for consideration.

A diplomat from the British High Commission, who was in the courtroom to watch proceedings, said she had written the Chief Judge of the Federal High Court, seeking his consent to attend Wednesday’s sitting, a procedure Justice Nyako said was wrong.

“If you need to observe proceedings in my court, you must apply to me. But for the high respect I have for my Chief Judge, I will allow you for today,” she told the British diplomat.

Thereafter, the Judge adjourned the suit till January 19 and 20, 2022 for trial.

The suit had earlier been fixed for Wednesday for the hearing of the defendant’s preliminary objection challenging the jurisdiction of the court to conduct a hearing on the seven-count amended charge, which Ejiofor described as “frivolous.”

Shortly after the judge adjourned proceedings in the suit, Ejiofor flanked by Aloy Ejimakor and Bruce Fein, told journalists that Justice Nyako had taken sides with the Nigerian government by conducting proceedings in their absence.

“It is now clear that the honourable trial judge (Justice Nyako) part of the prosecuting team. She will have to recuse herself,” Ejiofor said.

Adding, Ejimakor described the development as “strange” wondering why the judge sat on the matter behind their back.

It will be recalled that the DSS barred journalists and lawyers from the court on October 21, when the trial last held.

Kanu is being tried on charges of treasonable felony regarding his separatist activities.

The trial was scheduled to resume before Justice Nyako, for arguments on an application challenging the court’s jurisdiction to hear the case.

The separatist, who was granted bail in April 2017, fled the country after the invasion of his home in Afara-Ukwu, near Umuahia, Abia State, by the military in September that year, a situation one of Kanu’s lawyers, Alloy Ejimakor, described as the “rule of self-preservation.”

Justice Nyako subsequently revoked his bail for ditching his trial, and ordered his trial to be separated from the rest of the co-defendants.

While the trial of the rest of the defendants has made some progress, Kanu’s has been stalled since 2017.

On June 29, 2021, the Attorney-General of the Federation, Mr. Abubakar Malami, announced that Kanu had been rearrested and brought back to Nigeria to continue facing his trial.

He said the IPOB leader was “intercepted” days earlier but did not give details.

Although there has been no official disclosure about where and how Kanu was arrested, relatives and lawyers to the IPOB leader, have described how he was “kidnapped” in Kenya under controversial circumstances.