The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has expressed his willingness to negotiate with the Federal Government.
This development emerged on Wednesday during the resumed proceedings of the seven-count terrorism and treasonable felony charge brought against him by the FG before the Federal High Court sitting in Abuja.
Kanu’s legal team, led by Mr. Alloy Ejimakor, invoked Section 17 of the Federal High Court Act, which provides for the amicable resolution of such matters.
Ejimakor informed the court of their decision to explore this option after moving two applications on behalf of his client.
One of the applications sought to commit the Director General of the Department of State Services (DSS), Mr. Yusuf Bichi, to prison for contempt of court. The second motion challenged the court’s jurisdiction to continue with the trial.
Ejimakor stated, “Section 17 of Federal High Court Rules states that in any proceedings, the court may consider reconciliation and settlement.”
He added that Kanu would resort to this section if the court dismissed the applications.
FG’s Response and Court’s Stance
However, FG’s lawyer, Chief Adegboyega Awomolo, SAN, clarified that he lacked the authority to engage in such negotiations.
He noted that only the Attorney General of the Federation (AGF) has the power to negotiate or take further steps in the case, emphasizing that it involves alleged terrorism.
“If he is interested in negotiating, he knows the right place, the Attorney General of the Federation’s office,” Awomolo stated.
Reacting to the submissions, trial Justice Binta Nyako emphasized that the court’s role was to hear the matter presented before it, not to act as a mediator.
“If you want to discuss with the AGF, no problem at all,” Justice Nyako remarked.
Background of the Case
Kanu was first arrested in Lagos on October 14, 2015, upon his return from the United Kingdom.
On April 25, 2017, Justice Nyako granted him bail on health grounds after he had spent about 18 months in detention.
Kanu was released from Kuje prison on April 28, 2017, after meeting the bail conditions.
Midway through the trial, Kanu escaped from the country following a military operation at his home in Afara Ukwu Ibeku, Umuahia, Abia State, which resulted in the deaths of some of his followers.
He was re-arrested in Kenya on June 19, 2021, and was extraordinarily renditioned back to Nigeria by security agents on June 27, 2021.
The trial court remanded him in DSS custody on June 29, 2021, where he has remained. On April 8, 2022, the court struck out eight of the 15-count charges against him, deeming them unsubstantial.
Appeal and Supreme Court Decision
The Abuja Division of the Court of Appeal ordered Kanu’s immediate release from detention on October 13, 2022, quashing the charges against him.
Dissatisfied, the FG appealed to the Supreme Court and obtained a stay of execution on the appellate court’s judgment.
The Supreme Court, on December 15, 2023, vacated the appellate court’s judgment, allowing the FG to continue Kanu’s trial on the remaining seven-count charge.
