Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), hinted on Wednesday at the possibility of exploring an out-of-court settlement in his ongoing treason trial against the Federal Government.
This announcement was made during his resumed trial before Justice Binta Nyako at the Federal High Court in Abuja. Kanu, detained by the Department of State Service (DSS) since his re-arrest in 2021, has been facing charges of alleged treasonable felony.
Last month, the court declined to release Kanu from DSS custody, ruling it the appropriate place for him to be held during the trial. Despite this, the court ordered the DSS to grant Kanu unrestricted access to his lawyers, scheduling the trial to commence on June 19.
However, at the Wednesday hearing, Kanu’s lead lawyer, Ejimakor Aloy, informed the court that the DSS had not fully complied with the court’s orders, as visits to Kanu were still being monitored. Aloy stated that Kanu intends to initiate contempt of court proceedings against the DSS Director General for not providing a “safe room” for legal consultations as directed.
Aloy further urged the court to invoke Section 17 of the Federal High Court Act, which allows for reconciliation and amicable settlement in criminal or civil matters. He mentioned that he had previously discussed this with the Federal Government’s counsel, Chief Adegboyega Awomolo, SAN, who had indicated that the timing for such discussions was not yet appropriate.
Responding, Awomolo clarified that he lacked the authorization to negotiate on behalf of his client, advising Kanu to approach the Attorney-General of the Federation (AGF) for such negotiations. “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 expressed that the court would not oppose negotiations if both parties agreed. She suggested Kanu approach the AGF, the appropriate authority for negotiation discussions. Regarding the contempt of court applications, Justice Nyako noted they were not currently before her and would be addressed upon review.
The judge also ordered the DSS to provide an “unbugged space” for Kanu to meet with his lawyers at their facility, specifying a garden within the DSS premises where discussions could occur without being overheard by DSS operatives.
Additionally, Justice Nyako dismissed a fresh application from Kanu challenging the court’s jurisdiction over certain charges, reaffirming that the court had already resolved those issues. She instructed the prosecution to file and serve its evidence on Kanu, and for the defense to file its response before the next hearing.
Kanu’s application had sought to quash several charges as unconstitutional, arguing that the prosecution did not specify the location of the alleged offenses or whether the broadcasts were punishable under the laws of Kenya or Britain, where Kanu had been before his re-arrest.