*As court adjourns trial to Wednesday
*Orders DSS to allow him change his clothes
By Myke Uzendu and Chuks Onyema-Aziken
Treason trial preferred against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, suffered a major technical hitch and was adjourned to Wednesday at the Federal High Court sitting in Abuja.
The adjournment followed Kanu’s complaint that the Federal Government failed to promptly serve him the fresh 15-count amended charge it brought to substitute the earlier one before the court as required by the Nigerian constitution.
Kanu had engaged the services of a Senior Advocate of Nigeria, Chief Mike Ozekhome, to boost his defence team.
He had accused government of denying him the necessary facility to defend the charge against him.
Ozekhome told the court that the amended charges were unfortunately served on them barely 24 hours to the scheduled hearing in breach of the doctrine of fair trial.
“My Lord, the proposed amended charges were served on us yesterday (Monday) evening.
“As I speak to you my Lord, the defendant, who was just brought in, has not even seen the charges which he is being told to enter his plea.
“With due respect, that is not justice. It is ambushing.
“I know that the Administration of Criminal Justice Act, allows FG to amend charges, but this is the sixth amendment they are making, and each time they do it, they serve us a day to the hearing, just to frustrate the trial,” Ozekhome stated.
On his part, the Prosecution team, led by Mr. Mohammed Labaran from the Federal Ministry of Justice, said he was not opposed to the court granting a short adjournment to enable the defence lawyers to study the charge.
Before adjourning the case, trial Justice Binta Nyako, ordered the Department of State Services (DSS), to allow Kanu to have a change of cloth.
“I don’t want to see him in this cloth again. This one is almost off-white. Also make sure that you allow him to exercise”, Justice Nyako stressed.
On the sidelines of further clarifications by journalists, Ozekhome added: “Only the living can face trial. The description is that someone stands trial. We never say ‘sit trial; prostrate trial; lie down trial. The meaning is that the accused person facing trial must be fit enough to stand up and listen to the trial. But if the person is treated in such a way that he cannot be fit to stand trial, then the essence is defeated.”
He said that there is existing decision of the Supreme Court that only the living can be tried, therefore, the DSS should treat his client in a way that he will be in the right frame of body and mind to be tried.
He challenged also that the accusatorial judicial system Nigeria operates presumes that someone that is going through trial is innocent until his guilt is proven.
“Even convicted people on death row still have rights, so the detaining authority doesn’t have the right to be flogging him every morning or subject him to maltreatment. His right to religion as guaranteed in our constitution must be respected and this should apply to my client, Mazi Namdi Kanu.
“I believe that with the proceedings of today, there should be a change of heart by the DSS towards this trial and towards the accused person”.
