JUSTICE Binta Nyako of the Federal High Court in Abuja, on Tuesday, ordered the separation of trial of the self-acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu from that of his three other co-defendants.
Kanu, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are currently facing an amended 6-count charge bordering on a treasonable felony, terrorism and illegal possession of firearms, preferred against them by the Federal government.
The separation order was a sequel to an application brought by the Prosecution Counsel, Shuaibu Labaran, who had, at the resumed trial on Tuesday, sought the guidance of the court as regards further proceedings of the trial, taken into consideration the presence of only three of the defendants in court.
According to him, the absence of the 1st defendant (Kanu), having been granted bail since April last year has frustrated progress in the case.
“We shall be asking for the indulgence of the court to separate the charges so that progress can be made in the matter”, he urged the court.
However, counsel to the 1st to 3rd defendants did not object to the separation of the trial.
Ruling on the application, Justice Nyako agreed with the prosecution counsel that Kanu’s absence since when he was granted bail last year had actually stalled trial of the case and consequently ordered that the trial of Kanu be separated from the rest.
Following the ruling of the court, Labaran, requested for a short adjournment to enable the prosecution amended the charges to reflect the current position of the trial, saying that, “We need to do the needful to make the record of the court neater”.
Responding, Eric Ifere, counsel to the 2nd defendant asked the court for a definite trial window and how the case will be conducted to guide counsel in the matter.
Similarly, P.A.N Ejiofor, counsel to the 3rd defendant, urged the court to prevail on the prosecution to ensure the amendment and that, service is done on time, to enable them adequately prepare their response.
The court consequently adjourned till March 20, 21, and 22, 2018 for the amended charge to be read to the defendants and continuation of trial and adjourned till March 28 for the Kanu to be produced in court or his sureties appear in court to explain his whereabouts.
Earlier, prosecution counsel had told the court that the business of the court yesterday was for Abaribe and two other sureties to show cause why they would not forfeit the bond for Kanu’s bail or for the court to take necessary action provided by the law.
He, however, informed the court of a letter from Abaribe’s counsel seeking an adjournment of the matter on grounds of a matter at the Supreme court.
It would be recalled that the court had on April 25, 2017, granted Kanu bail in the sum of N100 million to enable him to attend to his ailing health condition.
The judge, in addition, ordered that the defendant produce three sureties with N100 million each.
The court, however, noted that the sureties to be provided by Kanu should include a highly respected Jewish leader since according to her the defendant claimed Judaism as his religion.
Another of the sureties according to the judge should be a senior and highly placed individual of Igbo extraction and in the ranking of a senator, while the last is expected to be a respected individual resident in Abuja with proof of ownership of landing property.
In addition, Justice Nyako said Kanu must never be seen in a crowd of more than 10 people. “No interviews and no rallies,” said Nyako.
Also, Kanu was ordered to deposit his international passport including his British passport with the court, adding that the court should, on a monthly basis be furnished with a progress report on the health of the defendant.
But Kanu has not been seen or heard of since September 12, 2017, when his home in Abia State, was allegedly attacked by men of the Nigerian soldiers.
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