James Omotosho, judge of the federal high court in Abuja, on Thursday ordered Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), out of the courtroom after he became unruly during proceedings.
The judge had earlier dismissed three fresh motions filed by Kanu, describing them as unmeritorious, after the case was adjourned for judgment. As the court prepared to deliver its ruling, Kanu insisted that the proceedings could not continue because he had not yet filed his final written address.
Raising his voice, he accused the judge of bias and claimed that Omotosho “did not understand the law”. In response, the judge directed security operatives to remove him from the courtroom.
Before the uproar, Kanu had moved his motions. He argued that the supreme court had already ruled that count seven of the charge was defective, saying this robbed the court of jurisdiction to proceed with the trial. He also drew attention to another motion filed on November 12, seeking a stay of proceedings and asking that the issues for determination be referred to the court of appeal.
“My contention ab initio is that the court lacks the jurisdiction to try me,” Kanu said. “Lawal Garba, justice of the supreme court, explicitly stated that count seven should be changed. Count 7 destroys this entire trial because it doesn’t exist.”
In a second motion, in which he notified the court of his intention to file a final written address, Kanu argued that preventing him from doing so would amount to an unfair hearing. “I entered my defence. What I did not do was to call witnesses. The evidence of the prosecution was surgically defective,” he said.
He also prayed the court in a November 17 motion to grant him bail.
But Adegboyega Awomolo, prosecution counsel, urged the court to dismiss all the motions filed by the defendant.
In his ruling, Omotosho said most of the issues raised had already been decided. “I must say that most of the issues raised here have been raised by the defendant severally in this court, and this court has made an order that all preliminary issues raised shall be taken during judgment. This court is bound by that order,” he held.
On the request for stay of proceedings, the judge noted that section 306 of the Administration of Criminal Justice Act (ACJA) “provides that an application for stay of proceedings in a criminal matter shall not be entertained”, adding that the provision aims to prevent unnecessary delays.
He also said that Kanu failed to enter his defence and file a written address within the required time.
At that point, a visibly infuriated Kanu told the court: “My lord, you are biased, this is not law, you don’t know what you are doing….” The judge stepped down briefly while security operatives removed the defendant.
As he was being taken out, Kanu continued shouting and cursing. Turning to the prosecution counsel, he said: “God will punish you.”
After the court reconvened, Omotosho ruled that due to the defendant’s conduct, “the judgment and other proceedings should proceed in his absence.”