Federal High Court, Abuja, on Monday declined the request of the Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to be moved to Kuje Correctional Service Centre.
Justice Binta Nyako, in a ruling, turned down the application by Nnamdi’s Lawyer, Ifeanyi Ejiofor.
Earlier when the matter was called, the leader of the IPOB was not brought to the court by the Department of State Services (DSS).
Counsel to the Attorney General of the Federation (AGF), M. B. Abubakar, informed the court that though he was ready to proceed, the defendant (Kanu) was not in court.
![[FILES] IPOB leader Nnamdi Kanu in court](https://www.afriupdate.com/wp-content/uploads/2022/10/Nnamdi-Kanu-in-Court-120x86.jpg "IPOB leader Nnamdi Kanu fails to regain freedom at Supreme Court 1")
Ejiofor, however. expressed worry over the absence of Kanu in court.
The lawyer alleged that his client was subjected to dehumanising conditions and that he had no access to his lawyers while he was in the custody of the DSS.
Ejiofor, who said he had not seen his client for over 10 days, told the court that the information reaching him was that Kanu had been taken away to an unknown destination.
He said he had a motion on notice filed before the court, seeking for “an order of this Honourable Court directing the transfer of the Applicant from the custody of the National Headquarters of the State Security Service to the Nigerian Correctional Service Centre in Kuje, Abuja, within the Jurisdiction of this Honourable Court, where he was originally detained before he was granted bail, pending the determination of the charge.
“AN ORDER of this Honourable Court directing the Defendant/Applicant’s custodian, to grant access to his Medical Experts/Doctors for the purpose of carrying out a comprehensive independent medical examination of the Defendant/Applicant’s health condition/status, while in custody.”
Nyako said that though the earlier remand order at the DSS facility still subsisted, she made an order for the lawyers to be given access to their client (Kanu).
“No, I am not transferring him to correctional centre. I am keeping him there (DSS custody) and I am going to make an order that you should be given access,” she said.
The judge, however, noted that the access to Kanu would be regimented.
“But it is not going to be all conners affairs; it will be regimented. You can’t get up at night and say you want to visit your client,” she stated.
Justice Nyako, who condemned the prosecution’s act of not producing Kanu in court, ordered that Kanu should be produced in court in the next adjourned date.
“Before you can take a criminal case, the defendant must be in court. I have been sitting down here since waiting for you.
“I will not take this kind of practice in the conduct of this case. When I give you a date, I want you to continue on that date.
“And you cannot continue until the defendant is present,” she held.
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Nyako said he had not make any order for the trial to continue in Kanu’s absence, hence he must be brought to the court to stand his trial.
“Please do the needful and don’t allow this to happen again,” she told the prosecution.
She also noted that since the court vacation had started, a fiat from the Chief Judge of the court, Justice John Tsoho, would be needed to give the matter accelerated hearing.
She adjourned the matter until October 21 for trial continuation.
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