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| Nnamdi Kanu's court appearance: Blow-by-blow account of proceedings |
The Leader of the Indigenous People of Biafra and Director of Radio Biafra and Biafra Television, Mazi Nnamdi Kanu who has been in the custody of the Nigerian government since 14th October last year when he was arrested by the operatives of the Nigeria Secret Security Service(DSS) appeared in court again today in the company of 2 other accused persons- Benjamin Madubugwu and David Nwawuisi.
The presiding judge at the Court 3 Division of the Federal High Court Abuja, Justice John Tsoho arrived at the bench at about 10.05 am. The Defense team of the two accused persons, Barrister Chuks Muoma, and Ifeanyi Ejiofor also arrived a few minutes later. The first accused and the two other accused persons arrived in the company of four prison wardens amidst tight security at about 10.09 am.
There ensued a period of absolute quietude that it seemed no one was in the courtroom. But the quietude was broken by the court clerk announcing the case of Nnamdi Kanu and the other two accused persons.
Barrister Chuks Muoma introduced himself and his defense team while Mazi Nnamdi Kanu who looks absolutely healthy keeps beaming with smiles.
The Prosecution team led by S.N Labaran had earlier introduced himself and his legal team and the stage is set for the case to proceed.
Barrister Muoma SAN tendered that his appearance this morning was conditional until his instructions are adhered to and that he decided to appear this morning out of courtesy, narrating his predicament to the Judge. He said he came all the way from Aba.
Chuks Muoma said that his coming to court today was out of courtesy and ethics to explain his predicament. He posited that his appearance in this court again would be conditional due to the sudden change of the defense lawyer to the 2nd defendant without his consent.
On a very serious note, Barrister Chuks Muoma SAN insisted that his respect was not given to him because the lawyer to the 2nd Defendants did not consult him before coming up to stand for him in the court. Muoma fuming with anger that Barrister Nzeru extracted one of his clients without any consultation and as such, his appearance in court will be conditional starting from today.
In his statement, Barrister Nzeru the new lawyer for the 2nd defendant; Benjamin Madubugwu told the court that he was called upon Sunday, 19th June 2016 when he went to see Madubugwu at Kuje prison, to represent the 2nd defendant in court. He said he immediately called Barr. Ifeanyi Ejiofor informing him of the new development but that he couldn't establish contact with Barrister Chuks Muoma, SAN.
Barrister Nzeru said he would want to hear from the defendant, adding that he called Barrister Ifeanyi Ejiofor on the phone and told him of the latest development. He also posited that Barrister Ejiofor and himself came from the same town of Oraifite in Anambra State and that as his Senior, Ejiofor is his elder brother and a superior in the law profession.
He therefore, pleaded with the judge for the matter to be settled out of court.
But Barrister Chuks Muoma insisted that he was taken unawares in the new development by the 2nd defendant and that he would have informed him that he wants to bring in more defense lawyers in his team and that if he had known, he couldn't have come all the way from Aba, making all the expenses.
Barrister Chuks Mouma is visibly very furious saying the defendant should have told him how they intend doing things. The Presiding judge Justice John Tsoho asked Benjamin Madubugwu to chose his defense lawyer and he chose Amobi Nzeru as his lawyer, saying; “My lordship, I want to make it clear to the whole world that Amaobi Nzeru is my lawyer.”
Justice John Tsoho at this point asked Barrister Chuks Muoma to clarify himself as the 2nd defendant has chosen Barr. Nzeru. Chuks Muoma replied that he would be now only appearing for the first and second defendants, Nnamdi Kanu and David Nwawuisi, adding that since he [Benjamin Madubugwu] has chosen Barr Amaobi Nzeru, he has to hand him over the case file properly since according to Barr. Nzeru it was Sunday, [yesterday night], that he was informed to take up the case.
Finally, He said that though his appearance in court will be conditional but he will now be appearing for Mazi Nnamdi Kanu and David Nwawuisi. The Judge Justice Tsoho asked the Prosecutor what he has to say regarding the whole scenario without which the trial of the defendants would have commenced in earnest.
The Prosecutor in his response said that since what has happened in court today is not part of the trial proceedings, the case should continue tomorrow, 21th June 2016. He also mentioned that the prosecution was confronted with a motion two minutes into the trial.
Prosecuting counsel mentioned that in the first motion, there is a clear indication that the defendant has to comply with the proceedings of this honorable court, adding that it would be very good if the motion is responded to and Chuks Muoma stated that in all fairness, he would want the case to be continued tomorrow, adding that the case file must be brought to him for debate if the motion will be carried out or thwarted.
Barrister Amobi Nzeru said he had to study the case file adding that he has not seen the case file to see how it affects his client. The Prosecutor accused the defendants of employing legal tricks to delay the trial. According to him, “there is a clear indication that the defendants are out to truncate the proceedings of this court and I think it would be very much expedient to respond to this motion but in any case, we'll be guided with the ruling of this court".
In his counter response, Muoma said he was also handed a copy of the motion by the Prosecutor. He said that the DPP must give him time to respond to the motion. He also said counsel of the second defendant will then have to decide if they'll join the suit together with him or not.
Barr. Chuks Muoma, SAN, then prayed the court to grant him time to go through the court processes/motion which he said is very voluminous while raising up the file. He said time is needed for him to study the motion in order to put up the best defense for his clients.
He also said that the DPP needs time to monitor the motion raised and decide what next to do. The new defense lawyer to the 2nd defendant, Barrister Nzeru also prayed for the opportunity to study the case file of his client and discuss some things with his client since he was just newly drafted into the case.
Both the Defense team and the Prosecution team now agreed to fix 26th to 29th of September for the hearing and deliberation on the motion. So the presiding judge, Justice John Tsoho adjourned the case for hearing on September the 26th to 29th 2016.
Anyikwa Cynthia and Chukwuemeka Chimerue
Published By IkeChukwu NwaOrisa
FOR BIAFRA WRITERS
(Biafran Times)
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