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James Omotosho, judge of the federal high court in Abuja, ordered Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), out of the courtroom after he became unruly during Thursday’s proceedings.
The judge had dismissed three fresh motions filed by Kanu, describing them as unmeritorious, after the case was adjourned for judgment.
As the court prepared to deliver its ruling, Kanu insisted that proceedings could not continue because he had not yet filed his final written address.
Raising his voice, he accused the judge of bias and claimed that Omotosho did not understand the law.
In response, the trial judge ordered that Kanu be taken out of the courtroom.
However, the court had since resumed sessions and Justice Omotosho is currently reading out judgment in Kanu trial.
‘GOD WILL PUNISH YOU’
Moving his application, Kanu said the supreme court already ruled that count seven of the charge is defective. He said this robs the court of jurisdiction to proceed with the trial.
He also moved another motion filed on November 12 seeking a stay of proceedings in the matter and asking that the issues for determination should be referred to the court of appeal.
“My contention ab initio is that the court lacks the jurisdiction to try me,” Kanu said.
“Lawal Garba, justice of the supreme court, explicitly stated that count seven should be changed. Count 7 destroys this entire trial because it doesn’t exist.”
In the second motion, which is notice of his commitment to file a final written address, Kanu argued that he should not be stopped from filing a final written address as it amounts to an unfair hearing.
“I entered my defence. What I did not do was to call witnesses. The evidence of the prosecution was surgically defective,” he said.
Lastly, in a motion filed on November 17, Kanu prayed the court to grant him bail.
Adegboyega Awomolo, prosecution counsel, prayed the court to discountenance all the motions filed by the defendant.
In his ruling, Omotosho stated that most of the issues raised by Kanu had been decided.
“I must say that most of the issues raised here have been raised by the defendant severally in this court, and this court has made an order that all preliminary issues raised shall be taken during judgment. This court is bound by that order,” Omotosho held.
However, on the issue of stay of proceedings and referral to the court of appeal, the judge held that section 306 of the Administration of Criminal Justice Act (ACJA) “provides that an application for stay of proceedings in a criminal matter shall not be entertained”.
“The essence of the provision is to prevent unnecessary delays while trial is going on. This court shall not entertain same,” Omotosho said.
“As regards application for bail, it could be bail pending trial or bail pending appeal. These applications do not fall within those two applications.
The judge also noted that Kanu failed to enter his defence and file a written address within an acceptable time.
At this point, a visibly infuriated Kanu, who was standing in the dock, told the judge that he could not proceed with judgment.
“My lord, you are biased, this is not law, you don’t know what you are doing…,” Kanu said.
The judge had to stand down for a while to allow security operatives take the defendant out of court.
While being taken out, Kanu kept shouting and cussing. He also turned to the prosecution counsel and said: “God will punish you”.
After reconvening, Omotosho ruled that because of the violent nature of the defendant, “the judgment and other proceedings should proceed in his absence”.
BACKGROUND
Kanu has been on trial on charges bordering on alleged terrorism.
He was first arrested by the Nigerian government on October 14, 2015 on charges bordering on treasonable felony, incitement and terrorism.
He allegedly flouted bail conditions in 2017 and subsequently fled Nigeria after the invasion of his home in Afara-Ukwu, Abia state.
He was re-arrested in Kenya in 2021 and has been in the custody of the Department of State Services (DSS) — from where he shows up for trial periodically, dressed in a trademark designer Fendi outfit.
