* The report declaring me medical fit for trial was fake, Kanu argues
By Citizenship Newspaper
Justice James Omotoso of the Federal High Court in Abuja, Thursday, ordered the detained indigenous People of Biafra(IPOB) leader, Nnamdi Kanu, to open his defense on Friday, October 24, in the terrorism charges or waive the opportunity provided to him by the law.
At the resumed proceeding, Thursday, Kanu indicated interest in defending himself after sacking all his legal team lea by Kanu Again, SAN.
The embattled Kanu, therefore, requested for three months adjournment to enable him prepare for his defence.
Justice Omotoso in his response reminded him that accelerated trial had already begin in respect of the trial and still subsist and as such long adjournment cannot be granted.
However, Kanu kept on challenging the jurisdiction of the court to proceed with the trial and the judge also reminded him that the issue of jurisdiction had been resolved against him.
Justice Omotosho pleaded with Kanu to see reason and allow the proceedings move but the defendant insisted that proceedings must not go ahead.
“Going forward, I am making an oral application challenging the jurisdiction of the court to try me.
“On the face of the records before this court, there are four jurisdictional defects in the matter.
“The Federal Government is in contempt of the Court of Appeal. I have been discharged by the Appeal Court but I remained in detention for 14 more months.
“A contemnor cannot come to the court to seek any remedy because he who goes to equity must appear with clean hands.
“The Act on which I am being tried has been repealed and therefore I could not be tried on a repealed act.
“The prosecution had denied me proper consultation with my lawyers for the almost five years I had been held in custody.
“If not for your mercy, my Lord to grant us three hours to hold conference in this courtroom, I would have been compelled to enter my defence in a capital offence without proper consultation with my lawyers.
“The medical report on which this court relied to declare me fit to stand trial was forged. The report was dated 23 September even though the court gave the order on the 26 September,” Kanu submitted.
Besides, Kanu argued that nobody took his blood or urine sample to conduct any test, so the report was manufactured.
Based on the above, Nnamdi Kanu asked the court to terminate the matter today if possible.
However, responding, counsel to the federal government, Adegboyega Awomolo SAN, said in summary that all Nnamdi Kanu said was not based on any known court procedure and that he had merely entertained the court.
On the bench ruling, Justice Omotosho said all preliminary objections shall not be entertained at this point and that the order of court stands, and the defendant should put in his defence.
Furthermore, the court held
that most of the things Kanu raised had been raised, but the defendant is not foreclosed from raising them again in his final written address, but the defendant should defend himself.
At that point, one of the Senior Advocates in the court room, Dr Onyechi Ikpeazu asked for permission to address the court, not as the defendant’s lawyer but as a friend of the court.
The senior lawyer appealed for the matter to be adjourned even if until tomorrow October 24, for the defendant to gather his thoughts and start his defence.
Justice Omotosho said that it is for the defendant himself to make such application since he’s the one now defending himself.
“I appeal to the defendant to make use of the opportunity given to him to enter his defense, or wave it if he wants,”
Nnamdi Kanu, in his response said he has not had enough time to prepare for his defence, especially since this is a capital trial.
He said he will also need time to gather the people that he had listed as his witnesses.
Adjourning the matter, Justice Omotosho ordered that Kanu must open his defense unfailingly on October 24.
