The Federal High Court in Abuja on Friday paused proceedings in the ongoing trial of Nnamdi Kanu to enable him file and depose to an affidavit in his defence in the terrorism-related case against him.
Justice James Omotosho took the decision after counsel to the Department of State Services (DSS), Chief Adegboyega Awomolo, SAN, requested a brief standdown to allow the defendant complete the process.
The request followed Kanu’s complaint that he had been denied the opportunity to submit the document by DSS officers.
“My lord, I don’t know how to say this. I have a process here to file which has not been allowed for the last three days.I have the process for my defence. I don’t know if my lord will allow me to file it for my defence,” he told the court.
Responding, Justice Omotosho sought clarification from the DSS operatives present in court on why the IPOB leader had been unable to file the document.
One of the DSS officers explained that after Wednesday’s adjournment, Kanu informed them of his intention to file a process, but he did not complete it before they left. The officer added that the following day, they again received information that Kanu wished to file the process.
He noted that there are established procedures guiding Kanu’s movement to ensure his safety and that of others, including the requirement for a formal request from his former lawyers, who now act as consultants, before such movements could occur.
“We only got the information from our officers who are detailed to him. So that creates a logistic problem,” he said.
Awomolo further explained that the movement protocol is dictated by court orders. “However, we will ask for a standdown for about an hour, my lord, to allow him file the process,” he added.
Kanu, however, disputed the officer’s account, insisting it was inaccurate.
“What he just narrated was not correct,” Kanu said.“When I was down stair looking for the process on Wednesday, they (the officers) said let us go and you will be brought back the next day.”
He also claimed he had suggested that court officials could bring the stamp to him to enable him depose to the affidavit, but the DSS refused.
Awomolo said the issue could easily be resolved if Kanu’s consultants liaised directly with him or the DSS Legal Department.
“I was not aware of this. If they (consultants) can talk to me or the Legal Department at the DSS, they are their colleagues, the matter would have been resolved.They can speak to them (Legal Department). They (the consultants) equally have my phone number; they can call me,” Awomolo stated.
Justice Omotosho subsequently ordered that court registry officers and the commissioner for oath bring the court stamp into the courtroom to enable Kanu file his documents.
“The defendant will file here while we take other matters,” the judge ruled.
He further directed that court officials be permitted to visit the DSS facility with the court stamp whenever Kanu needs to depose to any document.
Recalls that Kanu, who is expected to open his defence today, is facing trial on alleged terrorism offences.
