By Lawal OGIENAGBON
On Monday, some people, led by Omoyele Sowore protested what they called the ‘delayed’ trial of Nnamdi Kanu of the proscribed Indigenous People of Biafra (IPOB) fame. Kanu was first arrested in October 2015. In November, he was arraigned in an Abuja Magistrate’s Court. In December, he was ordered released by a Federal High Court. That same month, the government brought a fresh treasonable felony charge against him.
In 2016, three different courts ordered that he be remanded on grounds of national security. In May of the same year, he took his case to the ECOWAS Court. In April, 2017, Justice Binta Nyako of the Federal High Court, Abuja, granted him bail. He fled from his home in Abia State shortly after in September when soldiers came calling. So, when his case resumed in October, he was not in court. Some four years later, Kanu was brought back home in June 2021 as a ‘fugitive’. His case resumed before Justice Nyako about three months later and his bail was revoked.
Following series of theatrics and his allegation of bias against Nyako, the case was transferred to Justice James Omotosho. Before the transfer, Nyako had in 2022 asked him to answer to seven of the 15-count charge preferred against him, after expumging eight. Kanu appealed and the Court of Appeal found in his favour. The appellate court discharged, but did not acquit him of the offence. Under criminal law, such a discharge is temporary; the defendant risks being retried if there is fresh evidence to do so. To say that Kanu was freed by the appeal court is, therefore, wrong since he was not acquitted.
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His trial began afresh (de novo) in 2024 before Omotosho. The prosecution closed its case in March 2025. Since then, Kanu has not opened his defence. Rather, he brought a no-case submission which Omotosho dismissed in September. The judge ordered him to enter his defence. Kanu did not. He claimed that he could not stand trial because he is ill. The court invited the Nigerian Medical Association (NMA) to examine him. NMA did and reported back that he is fit to stand trial as his ailment is not life-threatening. The court consequently gave him between today and October 30 to open and close his case.
Will he avail himself of this grace period to open his case or will he, his lawyers who should know better, and the rabble-rousing protesters still resort to extrajudicial means to politicise a criminal case? Sowore and co. should stop this public show which will not get Kanu anywhere. They should let the law and not sentiment speak. Kanu, who has been in custody for over four years now, wears the shoe and he knows where it pinches.
