The trial of Nnamdi Kanu, the self-proclaimed leader of the Indigenous People of Biafra (IPOB), on terrorism charges is set to resume on Monday, February 26, as announced by the Federal Government of Nigeria, barring any unforeseen circumstances.
This decision comes in the wake of the Supreme Court’s ruling on December 15, 2023, which paved the way for the continuation of Kanu’s trial on the remaining seven count charges against him.
A notice indicating the trial’s resumption has been issued, with proceedings scheduled to take place before Justice Binta Nyako of the Federal High Court in Abuja. Both Kanu’s lead counsel, Mike Ozekhome, a Senior Advocate of Nigeria (SAN), and the office of the Attorney General of the Federation and Minister of Justice (AGF) have been duly notified.
Additionally, the Director General of the Department of State Services (DSS) has been contacted to ensure Kanu’s presence in court on the specified date.Kanu has been in DSS custody since his arrest on June 19, 2021, when he was apprehended in Kenya and subsequently brought back to Nigeria by federal authorities.
Originally facing 15-count terrorism charges, Kanu saw eight of the charges dismissed by Justice Binta Nyako during trial.
However, the remaining seven counts were upheld, prompting the directive for Kanu to commence his defense against the alleged offenses.In a significant twist, the Court of Appeal in Abuja overturned all terrorism charges against Kanu in October 2022, ordering his immediate release from DSS custody.
The decision was based on findings that Kanu’s extradition from Kenya by the Nigerian government violated extradition procedures and rendered his trial unlawful.
However, the federal government obtained a stay of execution of this order following an appeal filed at the Supreme Court, leading to the apex court’s reversal of the Court of Appeal’s judgment on December 15, 2023.
In a unanimous judgment led by Justice Garba Lawal, but read by Justice Emmanuel Akomaye Agim, the Supreme Court ruled that despite Kanu’s illegal abduction from Kenya, Nigerian courts retained jurisdiction to proceed with his trial.
The court emphasized that no Nigerian law supported the dismissal of charges against Kanu solely on the basis of his illegal extradition, suggesting that any grievances regarding such actions should be pursued through a civil matter against the government.