Newday Reporters

Nnamdi Kanu Charges Federal Government Plot to Keep Him Detained, Lists Malami, Wike, Danjuma, Others as Witnesses

Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has raised alarm over what he described as a series of “executive and judicial manipulations” aimed at keeping him in detention indefinitely.

In an open letter to Nigerians, Kanu accused the Federal Government of engaging in “serial executive and judicial fraud” since his extraordinary rendition from Kenya in 2021. He cited several court rulings that, according to him, were ignored or overturned through questionable means to justify his continued detention.

Kanu recalled that on March 1, 2017, the Federal High Court in Abuja ruled that IPOB is not an unlawful group, a judgment which, he said, was never appealed by the Federal Government. Instead, he alleged that former Attorney-General of the Federation, Abubakar Malami, acting on a letter signed by the late Abba Kyari, went behind closed doors to obtain an ex parte order proscribing IPOB as a terrorist organization.

He also referenced a 2022 Federal High Court judgment declaring his arrest and detention unconstitutional, ordering his release, apology, and compensation by the Federal Government. Despite this, Kanu said the judgment was ignored.

Quoting another ruling of the Court of Appeal delivered on October 13, 2022, Kanu noted that the appellate court condemned his extraordinary rendition, stating that it stripped Nigerian courts of jurisdiction to try him. He accused the government of later influencing another panel of justices to reverse the judgment through what he called a “fraudulent stay of execution.”

Kanu further claimed that the Supreme Court’s decision of December 15, 2023, which reinstated his right to bail and criticised the trial judge for bias, was also disregarded. He alleged that the trial court failed to restore his bail, in violation of constitutional provisions.

According to him, these developments convinced him to request the recusal of the trial judge, who, he said, had previously denied him fair hearing and refused to transfer him to prison custody to better prepare for his defence.

Kanu expressed frustration that despite the judge’s recusal, the Chief Judge of the Federal High Court reassigned his case back to the same judge, which he described as “a clear act of connivance between the court and the Federal Government.”

In his words:

> “If it will take the rest of my life in detention to be produced before a proper and impartial court, so be it. But I will never submit to a trial conducted by a court without constitutional jurisdiction. Not now, not ever.”

Meanwhile, in a new development, Kanu has listed former Attorney-General Abubakar Malami as one of his witnesses in his ongoing alleged terrorism trial.

In a fresh motion dated October 20 and filed October 21 before Justice James Omotosho of the Federal High Court, Abuja, Kanu disclosed his readiness to open his defence as ordered by the court.

The motion, marked FHC/ABJ/CR/383/2015, is titled “Notice of Number and Names of Witnesses to be Called by the Defendant and Request for Witness Summons/Subpoena and the Variation of the Time Within Which to Defend the Counts/Charges Against the Defendant.”

Kanu stated his intention to call 23 witnesses, divided into two categories:

Ordinary but material witnesses, and

Vital and compellable witnesses, who would be summoned under Section 232 of the Evidence Act, 2011.

He requested a 90-day period to conclude his defence and assured the court that his team would not waste judicial time.

Among his compellable witnesses are:

Nyesom Wike, Minister of the Federal Capital Territory (FCT)

Gen. Theophilus Danjuma (rtd), former Minister of Defence

Gen. Tukur Buratai (rtd), former Chief of Army Staff

Gov. Babajide Sanwo-Olu of Lagos State

Gov. Hope Uzodinma of Imo State

Kanu also pledged to provide sworn statements from all voluntary witnesses and to notify the prosecution in good time. He emphasized that his defence would show the political context of his statements and actions while denying all allegations against him.

He added:

> “It will serve the interest of justice and the general public that justice is not only done but manifestly seen to have been done.”

This motion follows his preliminary objection filed earlier, challenging the jurisdiction of the court to continue his trial.

In a related development, a magistrate court in Abuja has ordered the remand of Aloy Ejimakor, Kanu’s special counsel, and 12 others arrested during a protest organized by activist Omoyele Sowore on Monday against Kanu’s continued detention.

The police charged the 13 defendants with offences including criminal conspiracy, disobedience of a lawful order, inciting disturbance, and disturbance of public peace, contrary to Sections 152, 114, and 113 of the Penal Code.

Those charged include Kanu’s younger brother, Emmanuel, and several supporters. They have been remanded in Kuje Correctional Centre pending their arraignment scheduled for October 24.

Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has raised alarm over what he described as a series of “executive and judicial manipulations” aimed at keeping him in detention indefinitely.

In an open letter to Nigerians, Kanu accused the Federal Government of engaging in “serial executive and judicial fraud” since his extraordinary rendition from Kenya in 2021. He cited several court rulings that, according to him, were ignored or overturned through questionable means to justify his continued detention.

Kanu recalled that on March 1, 2017, the Federal High Court in Abuja ruled that IPOB is not an unlawful group, a judgment which, he said, was never appealed by the Federal Government. Instead, he alleged that former Attorney-General of the Federation, Abubakar Malami, acting on a letter signed by the late Abba Kyari, went behind closed doors to obtain an ex parte order proscribing IPOB as a terrorist organization.

He also referenced a 2022 Federal High Court judgment declaring his arrest and detention unconstitutional, ordering his release, apology, and compensation by the Federal Government. Despite this, Kanu said the judgment was ignored.

Quoting another ruling of the Court of Appeal delivered on October 13, 2022, Kanu noted that the appellate court condemned his extraordinary rendition, stating that it stripped Nigerian courts of jurisdiction to try him. He accused the government of later influencing another panel of justices to reverse the judgment through what he called a “fraudulent stay of execution.”

Kanu further claimed that the Supreme Court’s decision of December 15, 2023, which reinstated his right to bail and criticised the trial judge for bias, was also disregarded. He alleged that the trial court failed to restore his bail, in violation of constitutional provisions.

According to him, these developments convinced him to request the recusal of the trial judge, who, he said, had previously denied him fair hearing and refused to transfer him to prison custody to better prepare for his defence.

Kanu expressed frustration that despite the judge’s recusal, the Chief Judge of the Federal High Court reassigned his case back to the same judge, which he described as “a clear act of connivance between the court and the Federal Government.”

In his words:

> “If it will take the rest of my life in detention to be produced before a proper and impartial court, so be it. But I will never submit to a trial conducted by a court without constitutional jurisdiction. Not now, not ever.”

Meanwhile, in a new development, Kanu has listed former Attorney-General Abubakar Malami as one of his witnesses in his ongoing alleged terrorism trial.

In a fresh motion dated October 20 and filed October 21 before Justice James Omotosho of the Federal High Court, Abuja, Kanu disclosed his readiness to open his defence as ordered by the court.

The motion, marked FHC/ABJ/CR/383/2015, is titled “Notice of Number and Names of Witnesses to be Called by the Defendant and Request for Witness Summons/Subpoena and the Variation of the Time Within Which to Defend the Counts/Charges Against the Defendant.”

Kanu stated his intention to call 23 witnesses, divided into two categories:

Ordinary but material witnesses, and

Vital and compellable witnesses, who would be summoned under Section 232 of the Evidence Act, 2011.

He requested a 90-day period to conclude his defence and assured the court that his team would not waste judicial time.

Among his compellable witnesses are:

Nyesom Wike, Minister of the Federal Capital Territory (FCT)

Gen. Theophilus Danjuma (rtd), former Minister of Defence

Gen. Tukur Buratai (rtd), former Chief of Army Staff

Gov. Babajide Sanwo-Olu of Lagos State

Gov. Hope Uzodinma of Imo State

Kanu also pledged to provide sworn statements from all voluntary witnesses and to notify the prosecution in good time. He emphasized that his defence would show the political context of his statements and actions while denying all allegations against him.

He added:

> “It will serve the interest of justice and the general public that justice is not only done but manifestly seen to have been done.”

This motion follows his preliminary objection filed earlier, challenging the jurisdiction of the court to continue his trial.

In a related development, a magistrate court in Abuja has ordered the remand of Aloy Ejimakor, Kanu’s special counsel, and 12 others arrested during a protest organized by activist Omoyele Sowore on Monday against Kanu’s continued detention.

The police charged the 13 defendants with offences including criminal conspiracy, disobedience of a lawful order, inciting disturbance, and disturbance of public peace, contrary to Sections 152, 114, and 113 of the Penal Code.

Those charged include Kanu’s younger brother, Emmanuel, and several supporters. They have been remanded in Kuje Correctional Centre pending their arraignment scheduled for October 24.

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