The trial of Nnamdi Kanu, leader of the Indigenous People of Biafra, Nnamdi Kanu has been adjourned to October 21, 2021, for continuation due to the failure of Department of state Services, DSS, to produce the accused in court, as the case resumed on Monday at the Federal High Court Abuja.
When the case was called up, the prosecution counsel, M. B. Abubakar, told the court that his team was were ready to continue, but that the accused person is absent.
Nnamdi Kanu’s lawyer, Ifeanyi Ejiofor, then informed the court that there was a pending application before the court to transfer Kanu from the custody of the DSS to the correctional centre.
The judge, Binta Nyako ruled that the trial cannot continue in the absence of Kanu since he is not available to stand his trial.
She also ordered the DSS to produce the IPOB leader in court for trial.
Beyond Kanu’s absence in court, Justice Nyako drew the attention of the Federal government lawyer and that of Kanu to the fact that the yearly vacation of the court had commenced.
The Judge told the parties that the fiat of the Chief Judge of the federal high court, Justice John Tsoho is required for the trial to go ahead during vacation.
She also stated that it was the duty of the prosecution to apply for the fiat if they want the trial during vacation and not the duty of her court.
Although the Judge expressed reservation over the failure to bring Kanu to court, she nevertheless adjourned the matter to October 21.
The judge however left a window open, saying that the court will reconvene in an earlier date if the Chief Judge grants fiat for trial to proceed.
She further directed that henceforth, five lawyers would be allowed into the courtroom to stand for Kanu as part of COVID-19 pandemic protocols.