Justice Ahmed Mohammed of the Federal High Court, Abuja has ordered that the case file of the embattled leader of the Indigenous people of Biafra, ipob, Nnamdi Kanu be returned to the Chief Judge of the Federal High Court so that it can be re assigned to another judge for further action.
This followed rejection yesterday of his (Kanu’s) trial by the Federal Government before Justice Ahmed Mohammed of the Federal High Court, Abuja on the ground that he has no confidence in securing justice from the court.
In his ruling yesterday, Justice Mohammed agreed that the accused person has the right to object to his trial before his court on the ground that justice is rooted in confidence and rejected the submission of the government lawyer.
Kanu, who is the founder of Radio Biafra refused bluntly to take plea on a six count criminal charge of treason, importation of illegal goods and possession of fire arms filed against him by the Department of State Services on the ground that he will not get fair trial.
Kanu was docked along with two others, Benjamin Madubugwu and David Nwawuisi. He claimed that he has no confidence in the court because; information available to him indicated that he will not get fair trial before the judge.
According go to him, “I will not sacrifice the due process of the law founded in the principles of natural justice upon the altar of speedy release from detention.
“In other words, I will rather remain in detention than subjecting myself to a trial that I know amounts to perversion of justice.
“Previous court judgments and rulings have been delivered by competent court of laws in Nigeria in my favour which the Department of State Security Service failed to obey or implement.
“On that premise, I am not ready to stand before this court for trial because I am convinced that the outcome will go the way of the previous ones. Therefore, I have chosen to remain in custody until justice prevails in my matter in the interest of justice.”
Federal Government lawyer, Mr. Mohammed Saidu Diri however asked Justice Mohammed to reject the claim of the IPOB Leader on the ground that being an accused, he cannot dictate to the court.
He said that the accused if he has any objection to his trial can only come by way of application stating his grievances with exhibits in clear terms, special circumstances on why he should not be tried by a particular court.
Diri who is the Director, Public Prosecution of the Federation cited section 396 (2) of the Administration of Criminal Justice Act 2015, adding that under the act, an objection to trial can only be raised by the accused when the plea has been taken and not before as being done by the accused person.
He therefore urged the court to compel the accused, who was already in the dock to take his plea.
But counsel to Kanu, Mr. Vincent Egechukwu Obetta informed the court that the accused has the fundamental right to object to the trial and pleaded with the court to grant him his request.
In his ruling, Justice Mohammed agreed that the accused person has the right to object to his trial before his court on the ground that justice is rooted in confidence and rejected the submission of the government lawyer.
The judge therefore ordered that the case file be returned to the Chief Judge of the Federal High Court so that it can be re assigned to another judge and for further action.
Kanu had earlier been granted unconditional release by Justice Adeniyi Ademola of the Federal High Court, Abuja from the custody of the SSS but the order was not obeyed and instead a fresh charge was brought against him by the federal government.


Ad:See How you can turn $500 into $10,000 Click HERE For Details.
SHARE