The Department of State Services, DSS, on Monday, failed to produce Nnamdi Kanu, the detained leader of the Indigenous People of Biafra, IPOB, before Justice Binta Nyako of the Federal High Court Abuja.
When the case was called up M.B Abubakar, the Government lawyer, told the court that Kanu was unable to be brought to court due to “logistical problems”.
The Prosecution however sought the court’s direction on whether the matter could go on, considering that the High Court has commenced its annual vacation, that it would be impossible to proceed with the case in the absence of a Fiat from the Chief Judge of the High Court.
Mr. Ifeanyi Ejiofor, Kanu’s lawyer, told the court that he had been unable to have access to his client for the past 10 days, that the life of his client was in danger.
He said: “My lord, speaking from the Bar, I got it on good authority that my client has been taken away, outside the jurisdiction of this court”, Ejiofor added.
He also told the court that it would be in the interest of justice for CJ of the court to issue Fiat for the trial to go on during the courts vacation.
Justice Binta Nyako was disappointed and worried that Nnamdi Kanu was not brought to court.
She said: “I am also worried why the Defendant is not here. The first step in a criminal matter is to provide the Defendant in court. He is not here.”
She noted that the case could not go on in the absence of the Defendant.
Though Justice Nyako acknowledged that she could not proceed with the case without Fiat allowing her to sit as a vacation judge, she made an order, directing the DSS to grant Kanu access to his lawyers.
The judge also ordered that Kanu must be produced before the court on October 21 which is the next adjourned date for the matter.