BY ANTHONY OCHELA, ABUJA
Detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, through his lead counsel, Aloy Ejimakor, yesterday, indicated seeking an out-of-court settlement in the treasonable felony charge brought against him by the federal government.
At the resumed hearing of the case, counsel to the detained IPOB leader, Aloy Ejimakor, informed the honourable judge, Binta Nyako of the discussion with the Federal government’s prosecuting counsel, Chief Adegboyega Awomolo (SAN) that the defence wants the case settled out-of-court.
Awomolo, however, did not oppose the application made by the counsel to the leader of the Indigenous People of Biafra, IPOB, rather in his response, he said, “It is not in my place to seek out-of-court settlement in this matter and added that, if the defence wants the matter settled out- of-court he should approach the Attorney General of the Federation, AGF, and Minister of Justice, Lateef Fagbemi , SAN, who has the constitutional power to approach the court for an out-of-court settlement.
He said, “It is not me that would go to my boss ,AGF, to tell him that I want this case settled out Court”.
Consequently, Justices Binta Nyako didn’t rule against the defence application for out-of-court settlement but ruled that the defence can approach the AGF and if AGF approved the request for the out-of-court settlement, the court would then be notified.
Ejimakor told newsmen after the proceedings that Section 17 of the Federal High Court Act allows moves for reconciliation between parties in both civil and criminal proceedings. AljazirahNigeria cited the recent terrorism and treasonable felony charged against the leader of Miyetti Allah , Abdullahi Mohammed Bodejo, whose cases against him were withdrawn and the Federal Government confirmed that Bodejo has settled with the government and thereby requested the withdrawal of the matter and he informed the court . Bodejo was released, discharged and acquitted
A member of the House of Representatives, Hon. Ikenga
Ugochinyere who represents Ideato South and North in the House and witnessed the proceedings said, he was pleased with the move for an out-of-court settlement in the matter, which he noted has reached where national interest should be put into consideration.
Earlier, the court had dismissed an application by the IPOB leader challenging the jurisdiction of the court to hear and determine the charges preferred against him by the federal government.
It would be recalled that, the court, at the last proceedings, dismissed Kanu’s application for the restoration of his revoked bail and the removal from the custody of the Department of State Services, DSS, to a house arrest or prison custody.
Justice Nyako, while ruling on the application held that same request had been brought before her by Kanu and dismissed for want of merit.
Justice Nyako said, she found as a fact that Kanu jumped the bail earlier granted him and escaped out of the country and added that the sureties who stood for him in the earlier bail had applied to be discharged and had been discharged on the ground that they could not locate Kanu and did not know his whereabouts.
Justice Nyako said the only option left for Kanu was to go to the Court of Appeal to exercise his right of appeal.
Kanu’s lead counsel Aloy Ejimakor said, an earlier ruling of the Supreme court confirmed that Kanu never jump bail and hence the bail granted him earlier by the appellate court ought to have been upheld and not revoked
He added that the essence of the fresh bail request and removal of Kanu from the DSS custody to prison or house arrest was to enable him stand a fair hearing within the ambit of the law.
Kanu, who is being tried over alleged jumping bail, treason and running a proscribed group was unlawfully renditioned from Kenya to Nigeria in 2021, and had since then been in the custody of the DSS in Abuja.
