*Resorts to seek out-of-court settlement over terrorism charges
By our Judiciary correspondent
The self-acclaimed leader of the proscribed Indigenous People of Biafra IPOB, Mazi Nnamdi Kanu, Wednesday, looked forward to an out-of-court settlement process in his alleged treasonable felony trial.
The detained Biafra agitator, had through his lead Counsel, Mr Ejimakor Aloy informed the court that the prosecution was yet to fully comply with the orders of the court to provide an ‘unbugged’ space for Kanu to meet with his lawyers within the premises of his detention.
Consequent upon the above, Ejimakor informed the trial Judge, Justice Binta Nyako that his client had resolved to initiate contempt of court proceedings against the Director General of the DSS for refusing to obey her orders.
Recall that the court had in the last adjourned date directed the DSS to grant Kanu a “safe room” (unbugged) space for meeting with his lawyers.
Therefore, he prayed the court to invoke Section 17 of the Federal High Court Act, which he said, provides for “reconciliation” and facilitation of amicable settlement in criminal or civil matters.
According to him, he had some time ago discussed the proposition with counsel to the federal government, Chief Adegboyega Awomolo, SAN, adding that the senior lawyer had responded by saying that the proper time for such an issue has not come.
Responding, Awomolo informed the court that he did not have the instruction of his client to embark on any negotiations with the defendant over the charge.
“I told him to go to the Attorney-General of the Federation (AGF) who has the power. If he is interested in negotiating he should go there, his office is just here”, Awomolo said.
Justice Nyako held that the court has no problem with if the parties want to discuss negotiation, she however, urged Kanu to approach the AGF who is the proper person to negotiate with.
On the issue of Forms 48 and 49, seeking the imprisonment of the DSS boss for allegedly disobeying the court’s orders, Justice Nyako held that both applications were not before her, adding that the matter would be looked into when she sees the file.
Nyako had earlier ordered the service to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare Kanu for trial.
The unbugged space according to her refers to a garden within the DSS premises where Kanu and his lawyers can discuss without the hearing of the operatives of the service.
Meanwhile, Justice Nyako also dismissed a fresh application by Kanu challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional.
The court held that it cannot overrule itself on issues she had already resolved, adding that the only option left for the applicant was to proceed on appeal.
Justice Nyako in addition ordered the prosecution to file and serve its prove of evidence on the defendant while the defendant files his defense pending the next adjourned date, adding that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.
Kanu had in the fresh application urged the court to quash the said charges for being unconstitutional, adding that in five counts the prosecution failed to indicate the exact location where Kanu’s alleged offensive broadcast occurred.
He had argued that the court lacked jurisdiction since the prosecution failed to show in the charge whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his rearrest.
