There was drama at a Federal High Court in Abuja today,
December 23, when Nnamdi Kanu, the director of Radio Biafra and a leader
of the Indigenous People of Biafra (IPOB) made an objection in court.
On calling the case, the court clerk had asked the accused person,
Kanu, alongside two others – Benjamin Madubugwu and David Nwawuisi, if
they understand English, a procedure normally done before hearings.
But instead of answering the clerk’s question, Kanu began by saying
he has an objection to make. His counsel, Vincent Obetta, in his advice
urged his client to wait for the case to be fully mentioned before any
further objection.
After the clerk was done with calling of the case and the accused person, the judge, A. R. Mohammed, said: “It will be good to appreciate and take into consideration the objection raised by the defendant.”
At the judge’s permission, Nnamdi Kanu went further with his objection after being handed a microphone by the court clerk.
He said: “Thank you very much my lordship, but my objection is
that I will not receive a fair trial before this court. The information I
got is that I will not receive a fair trial before this court.
“I will not sacrifice the due process of law because of speedy
court process over the principle of natural process on the altar of
speedy release. In other words, I would rather remain in detention than
subject myself to a trial that I know amounts to perversion of justice.
“Your lordship, previous court rulings have been given by courts
of competent jurisdiction in this country, Nigeria which were not
carried out by the DSS.”
Done speaking, Kanu handed over the microphone to the court clerk.
Just immediately, the prosecuting counsel, Mohammed Diri, having heard the objections of the defendant said: “First,
he objects trial by your lordship because he believes he is not going
to get fair trail. Two, he said, the trial before your lordship will
amount to perversion of justice.
“He said the rule of the law is clear and that the defendant may object to his trial at any time.
“Your lordship before the defendant can object to his trial, he has to file an application objecting his trial before this court.”
He said in that application the defendant is expected to exhibit
special evidences why he should not be tried by a particular court.
Diri said that this will enable the court and the prosecutors to properly reply to the defendant.
“And this has not been done in this case,” he added.
Quoting section 396 sub section 2 of the Administration of Criminal
Justice Act, Diri said an objection trial may be raised by the defendant
only after the plea of the defendant is taken, but not before.
Diri said: “My lordship, what the defendant just did is putting the cart before the horse.”
He further urged the court to overrule the objection of the first
defendant and order that the charges filed by the prosecution before the
court be read to the three defendants for the purpose of taking their
plea.
In his reply, the defending counsel said the argument by Diri is only
an effort to puncture his client’s objection, adding that he is in
tandem with the objection made by Kanu.
“We believe that whatever comes out of this court should be
justice for the three parties – the state, the court and the accused
persons,” Obetta said.
But in his ruling, Mohammed said he sees nothing wrong in the defendant’s objection.
Defining Kanu as someone who is learned and understands the
legalities of his objection, Mohammed said the first defendant is not
objecting the validity of the charges against him but on the confidence
he has in the court.
He added that there is nothing wrong with the defendant’s objection which he (the judge) said is in order.
Mohammed also said that he was standing down from the case as Kanu had the right to reject the trial, saying: “After all justice is rooted on confidence. If any of the parties has no confidence in the court, he has the right to say so.”
He noted that the prosecution would have done the same thing if they were in Kanu’s shoes.
Mohammed, therefore, said: “I therefore remit this case file to the chief judge of this court to take necessary action.”
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