The detained leader of the proscribed Indigenous People of Biafra (IPOB), was on Thursday absent, as the Federal High Court in Abuja commenced hearing on an application he filed to revoke the treasonable felony charge the Federal Government preferred against him.
Kanu, in the application filed through his team of lawyers led by Ifeanyi Ejiofor, is asking the court to acquit and discharge him of all counts in the charge.
Ejiofor argued that the court lacks the essential jurisdiction to try him on the basis of a charge he described as grossly incompetent.
The IPOB leader contended that there was no proof of evidence attached to the amended charge against him.
According to Ejiofor, “That no allegation was made in any of the counts of the amended charge that the alleged sundry acts of the Defendant/Applicant were physically carried out by him, within the geographical space or territorial boundaries of Nigeria.
“That the only element requisite to constitute and found liability for incitement is the actual words allegedly uttered by the Defendant/Applicant.
“That the alleged acts for which the Defendant was charged, do not constitute terrorism offences in London, United Kingdom, where they were allegedly committed.”
Also, the IPOB leader’s Special Counsel, Aloy Ejimakor speaking on today’s trial said, “there was total absence of security operatives in court and around the outer perimeters as was the case during previous proceedings.
“Mazi Kanu was not in court and there was no officer from the DSS to explain why. But from what I surmised, both the court and the DSS might’ve concluded that his presence in court was not strictly required in the sort of application that was moved in court today.
“The court did not grant Kanu’s Legal Team the leave to move our application challenging the jurisdiction of the court to continue the trial. Recall that we had filed such application, arguing that the extraordinary rendition of Kanu constitutes a constitutional barrier to his trial. The court ruled that the application was not calendared for hearing today. That it will be heard at the next adjourned date.
“The court, after going through what it said is a tight judicial calendar, moved the date of the next hearing backwards from 19th to 18th January, 2022.
“The court ruled that it will entertain all outstanding applications at the next hearing; and proceeded to make the following Orders:
“That Mazi Kanu be given maximum comfort possible in the detention facility.
“That he be allowed a change of clothing.
“That he be allowed free practice of his Jewish faith including access to his Jewish religious materials.
“That the DSS obey all previous orders granted in the matter, including allowing Kanu any visitor of his choice.
“That Kanu be permitted, at his option, to mingle freely with other inmates or any other persons at the detention facility.”
Though trial Justice Binta Nyako had on November 10, adjourned further proceedings in the case till January 19, 2022, she however brought the date forward, following an application by Kanu’s legal team.
The case has however been adjourned to January 18, 2022 for hearing.