BEVERLY HILLS, December 23, (THEWILL) – There was a mild drama Wednesday at the Federal High Court Abuja as the founder of Radio Biafra and leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, refused trial by the Federal Government at the court presided over by Justice Ahmed Mohammed.
Rather than make any plea on a six-count criminal charge of treason, importation of illegal goods and possession of firearms filed against him by the Department of State Services (DSS) before the trial judge, Kanu rejected all entreaties to stand before the judge, saying he will not get fair trial.
His words: “I will not sacrifice the due process of the law founded in the principles of natural justice upon the altar of speedy release from detention.
“In other words, I will rather remain in detention than subjecting myself to a trial that I know amounts to perversion of justice.
“Previous court judgments and rulings have been delivered by competent court of laws in Nigeria in my favour which the department of the State Security Service failed to obey or implement.
“On that premise, I am not ready to stand before this court for trial because I am convinced that the outcome will go the way of the previous ones, therefore I have chosen to remain in custody until justice prevails in my matter in the interest of justice.”
Kanu, who is being arraigned along with Benjamin Madubugwu and David Nwawuisi, said he has no confidence in the court because he had been informed that he will not get fair trial before the judge.
But counsel to the Federal Government, Mr. Mohammed Saidu Diri, asked Justice Mohammed to turn down Kanu’s claim on the ground that being an accused, he cannot dictate to the court.
He maintained that if Kanu had any objection to his trial, it can only come by way of application stating his grievances with exhibits in clear terms and special circumstances on why he should not be tried by a particular court.
Citing sited Section 396 (2) of the Administration of Criminal Justice Act 2015 and adding that under the act, an objection to trial can only be raised by the accused when the plea has been taken and not before as being done by Kanu, Diri, who is also the Director, Public Prosecution of the Federation , therefore urged the court to compelled the accused who was already in the dock to take his plea.
But Kanu’s counsel , Mr. Vincent Egechukwu Obetta, told the court that the accused has the fundamental right to object to the trial and pleaded with the court to grant him his request.
Justice Mohammed, in his ruling, agreed that accused person has the right to object to his trial before his court on the ground that justice is rooted in confidence and rejected the submission of the government lawyer.
He therefore ordered that case file be returned to the Chief Judge of the Federal High Court for it to be re-assigned to another judge and for further action.
