A Federal High Court in Abuja has warned that it may invoke its powers to issue necessary orders if IPOB leader Nnamdi Kanu fails to seize the chance to present his defense.
Justice James Omotosho handed the threat shortly before adjourning further hearing in Kanu’s terrorism trial till October 27. The IPOB leader, who sacked his lawyers on Thursday, had while arguing his case himself, made an oral application for adjournment.
At the resumption of proceedings on Friday, prosecuting lawyer, Adegboyega Awomolo, told the court that the case was scheduled for defense and that he was ready.
When it was his turn to speak, Kanu said he would be representing himself, and then, told the court that he would not be able to open his defense as earlier planned, because he has not been able to access the casefile.
He said his lawyers left him on October 23 and that since then he has not been given the casefile
Kanu said those, who were to bring the casefile to him in the custody of the Department of State Services, DSS, where he is currently being held, were unable to do so.
Also read: DSS witness accuses IPOB of killing 200 security officers
He prayed the court for an adjournment till Monday, October 27 to enable him to access the casefile and familiarize himself with its contents.
Kanu told the court that he was expecting witnesses from all over the world, including the United Kingdom, the United States of America, Kenya and Ethiopia.
He applied for an order that the DSS should allow him access to people even on Saturday and Sunday for the purpose of preparing for his defense.
When asked by the judge if he was aware that Kanu was calling witnesses from outside the country, Awomolo said he did not know where the defendant’s proposed witnesses were coming from, but he knew that Kanu listed a number of people who he planned to call.
Awomolo said the prosecution was only interested in the defendant bringing his witnesses to court to conduct his defense as ordered by the court.
He urged the court to note that Kanu has expended two, out of the six days allocated to him to open and close his defense, without being able to begin his defense.
Awomolo said: “The court should note that Kanu has six days. He has spent two days, including today. I urge the court to stick with the case schedule earlier announced.”
In his intervention, Justice Omotosho expressed doubt if the leader of Kanu’s former legal team, Kanu Agabi, SAN, would hold on to the defendant’s casefile after he announced his withdrawal from the case.
He noted that the defendant did not raise the issue on Thursday when Agabi and other senior lawyers in his former legal team were in court.
The judge recalled that when he granted accelerated hearing in the case, none of the parties objected. He said days were accordingly allocated to each side to conduct its case. He added: “I will still stick to those numbers of days.”
Justice Omotosho said although he did not believe that Agabi will keep the casefile after withdrawing from the case, he will grant the adjournment sought by Kanu in the interest of justice and fair hearing.
The judge said: “The defendant has sought an adjournment till Monday for him to open his defense. The court will grant that request.
“The right under 36 of the Constitution is a sacred right. The right is more than giving opportunity to the defendant. The right is not that the defendant must be compelled to exercise the right.
“Now that the opportunity is not being used, I want to beg the defendant in the name of the Almighty God to utilize this opportunity,” he said.
Justice Omotosho noted that Kanu’s failure to utilize the opportunity was denying other defendants in other cases before his court the opportunity to have their cases heard.
He added: “If the opportunity is not utilized, the court will not hesitate to invoke its powers.
“We should make use of the judicial time given to us. The court will not continue to waste its time.
“At the appropriate time, the court will invoke its powers and make the necessary orders,” the judge said.
Justice Omotosho noted that although Kanu did not provide evidence that the DSS was eavesdropping on his interactions with his lawyers, the court granted his request to meet with his lawyers in the courtroom on October 22.
The judge said he was surprised that the defendant and his legal team did not fully utilize the time allocated to them for that meeting, which was between 9am and 2pm.
He then, declared: “Henceforth, this court will not grant such an opportunity again. The claim that the DSS is eavesdropping on his interactions with his lawyers was not supported by evidence.
“The DSS should provide him with opportunities to meet with his counsel. The DSS should give him access to his counsel even on Saturday and Sunday,” the judge said and adjourned till October 27.
Crediblenewsng.com
