{‘rendered’: ‘
- Judge threatens to indefinitely adjourn trial over ‘delay tactics’
Prosecutors yesterday told the leader of proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, that he lacks the power to determine the procedure for his trial.
Prosecuting lawyer Adegboyega Awomolo (SAN) averred that no defendant has the right to dictate to court how his prosecution would be conducted in a criminal matter.
Awomolo was responding to some requests by Kanu’s lawyer, Aloy Ejimakor, who insisted that the requests must be met before his client would submit to trial.
The Federal Government is prosecuting Kanu for alleged terrorism and treasonable felony before a Federal High Court in Abuja.
Ejimakor argued two motions during yesterday’s proceedings.
In the first motion, Kanu prayed the court to restore the bail granted him in 2017, which the court later revoked when he fled the country following the invasion of his house by some soldiers.
Ejimakor argued that as against the claim by the prosecution, the court was misled to revoke the bail because Kanu did not jump bail or breach any of the conditions for the bail.
The lawyer averred that his client had to leave the country when the military allegedly invaded his house to avoid being killed.
He also prayed the court to vacate the arrest warrant the court issued against him while he was out of the country.
In the second motion, Kanu prayed the court to order his removal from the custody of the Department of State Services (DSS) to either a house arrest or a remand in prison custody.
The IPOB leader prayed the court to issue an order that would give his lawyers unhindered access to him to prepare for his defence.
He added that until his prayers are granted, as provided for under Section 36 of the Constitution, he would not submit himself for trial.
Responding, Awomolo opposed both motions and urged the court to reject them.
The prosecuting lawyer argued that by his motions, Kanu was seeking to dictate how his trial should go and how it should be conducted.
He explained that in a criminal matter, as the instant one, no defendant has the right to dictate to the court how his prosecution should be conducted.
Awomolo recalled that Kanu was once granted bail by the same court, but he jumped the bail by escaping out of the country under false claims.
He said the only option available to the defendant was for him to approach the Court of Appeal to challenge the rejection since the High Court could not overrule itself.
On Kanu’s request to be relocated from custody of the DSS, Awomolo said the only safe environment for Kanu was the DSS custody.
He urged the court to reject the defendant’s request for unhindered access for his lawyers.
Justice Binta Nyako adjourned till May 20 for ruling.
One of Kanu’s sympathisers and House of Representatives member, Ikenga Ugochinyere, who witnessed the proceedings, urged President Bola Tinubu to grant the defendant an out-of-court settlement for peace to reign in the country.
Provided by SyndiGate Media Inc. (Syndigate.info).
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