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News Analysis: Answers To Some Pertinent Questions Regarding The Recent Move By The IPOB Leader To Defend Self In Court

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By Yusuf Danjuma Yunusa

Detained leader of the Indigenous People of Biafra a movement regarded by the federal government as terrorist organization , Nnamdi Kanu, is set to open his defence in his ongoing decade-old terrorism trial, listing several top political figures and retired military chiefs as witnesses he intends to call.

In a fresh motion, marked FHC/ABJ/CR/383/2015, dated October 20, the IPOB leader listed the Minister of the Federal Capital Territory, Nyesom Wike; Lagos State Governor, Babajide Sanwo-Olu; and former Chief of Army Staff, Lt. Gen. Tukur Buratai (retd.), among his witnesses.

In the defence notice personally signed him, Kanu informed the court of his intention to call 23 witnesses, divided into two categories — “ordinary but material witnesses” and “vital and compellable witnesses.”

Among the “vital and compellable witnesses” are Wike, Sanwo-Olu, Buratai, alongside s former Minister of Defence, Gen. Theophilus Danjuma (retd.); the governors of Lagos and Imo states, Babajide Sanwo-Olu and Hope Uzodinma, respectively.

Others listed include the Minister of Works, David Umahi; a former Abia State Governor, Okezie Ikpeazu; and the immediate past Attorney-General of the Federation, Abubakar Malami (SAN).

Also named are the former Director-General of the Department of State Services, Yusuf Bichi; the immediate past Director-General of the National Intelligence Agency, Ahmed Abubakar; and several other unnamed individuals

According to the motion, Kanu intends to rely on Section 232 of the Evidence Act, 2011 to compel the appearance of those he considers “vital and compellable” witnesses.

He also asked the court to grant a 90-day window to enable him to conclude his defence, pledging to testify personally and provide sworn statements from voluntary witnesses to support his case.

“I will testify on my own behalf, providing a sworn account of the facts, denying the allegations, and explaining the political context of my statements and actions,” Kanu told the court.

“It will interest the honourable court and the general public that justice is not only done but is manifestly seen to have been done.”

Consequently, the IPOB leader asked his legal team to step aside. Based on his position, all the senior advocates in the team led by Kanu Agabi (SAN), announced their decision to withdraw their continuous participation in the case.

Agabi announced that the team of Senior Advocates of Nigeria in the matter, comprising Onyechi Ikpeazu, Paul Erokoro, Joseph Akubo and Emeka Etiaba, explained that the reason for their withdrawal “is because the defendant has taken this case back from us and we respect that.”
The Questions:

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We often hear officers uttering the statement below to culprits whenever they come for an arrest:

“You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you cannot afford an attorney, one will be appointed for you.”

Based on the above statements which officers usually utter, many have been posing the questions below to know the actual context of the law, and the Nigerian Tracker News desk have answers provided to them:

1.Is Nnamdi Kanu a Lawyer?

No, Nnamdi Kanu is not a lawyer.
He did not study or practice law. Nnamdi Kanu studied Geography at the University of Nigeria, Nsukka (UNN), although the specific years of his attendance are not widely publicized. Nnamdi Kanu is primarily known as a political activist and the leader of the Indigenous People of Biafra (IPOB). His background is in media and activism, not law.

2. Why Did He Seek to Defend Himself?

Nnamdi Kanu’s decision to defend himself in court is a strategic and principled choice, rooted in several factors including:

Fundamental Right: As detailed below, the right to self-representation is a foundational legal right in many jurisdictions, including Nigeria. He is simply exercising this right.

Political Statement and Platform: For Kanu, the courtroom is not just a legal arena but a political one. By representing himself, he can directly address the court, the media, and his supporters, framing his defense as a political struggle against the Nigerian state. He can use the opportunity to articulate his ideology and challenge the legitimacy of the charges and the court itself.

Lack of Faith in the Process: Kanu and his supporters have repeatedly expressed a lack of confidence in the fairness of the Nigerian judicial process regarding his case.

3. Is There a Provision in the Constitution for a Non-Lawyer to Defend Themselves?

Yes, absolutely. This is a crucial and universally recognized legal right.

The provision is explicitly stated in the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Section 36(6)(c) of the Constitution guarantees every person charged with a criminal offense the right “to defend himself in person or by legal practitioners of his own choice.”

This means the law is clear: an accused person has two options:

1.To be represented by a lawyer of their choosing (which is the most common and often the most prudent course of action).

2. To represent themselves (a concept known as “pro se” representation in many legal systems).

Important Nuances and the Judge’s Role

While the right to self-representation is fundamental, it is not absolute and comes with important caveats that the judge must manage:

Knowing and Intelligent Waiver: The court must ensure that the accused person is making this choice knowingly, voluntarily, and intelligently. The judge will typically question the defendant (in this case, Kanu) to ensure they understand the severe risks of forgoing professional legal counsel.

Standby Counsel: Even when a defendant chooses self-representation, the judge often appoints a lawyer as “standby counsel.” This lawyer remains in the background to provide legal advice if the defendant asks for it and to step in if the proceedings become too disruptive or if the defendant’s self-representation threatens the integrity of the trial.

The embattled activist was first arrested in Lagos in 2015 for treasonable felony. On 28 of April, 2017, Kanu was released from prison on bail. However, in June 2021, he was re-arrested through a collaboration between the Kenyan Interpol and that of Nigeria. Since then, he has been in the custody of the Department of State Security (DSS).

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President Tinubu Appoints ex-Ekiti Gov. Fayose as Chairman Rural Electrification Agency

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By Yusuf Danjuma Yunusa

President Bola Tinubu has approved the appointment of 26 persons into the boards and management of 10 federal government agencies and commissions, with former Governor of Ekiti State, Ayo Fayose, named Chairman of the Rural Electrification Agency, REA.

The appointments, announced on Monday in a statement by the President’s Special Adviser on Information and Strategy, Bayo Onanuga, take immediate effect.

According to the statement, Fayose will chair the board of the REA, while Ahmadu Abubakar and Engineer Ilyasu Ibrahim Makinta were appointed as members and non-executive directors.

The board also includes the agency’s incumbent Managing Director and Chief Executive Officer, Abba Abubakar Aliyu, alongside the three executive directors previously appointed.

President Tinubu also appointed Major General Junaid Bindawa as Chairman of the National Salaries, Incomes and Wages Commission and approved the appointment of eight other officials into the commission.

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Former member of the House of Representatives from Lagos State, Olajumoke Okoya-Thomas, was named Secretary of the commission, while Dr Ogbole Ene Lilian, Oladele Olatubosun and Yakubu Umar Barde were appointed as commissioners representing Benue, Oyo and Kaduna states, respectively.

Other members of the commission are Dr Mai Adamu Yau (Borno), Ginika Florence Tor (Enugu), Engineer Lawrence Okoh (Edo) and Bello Morenike Iyabode (Kogi).

In another appointment, Tosin Johnson Adeyanju, who previously served as Executive Secretary of the National Lottery Trust Fund, NLTF, was redeployed as Secretary of the Revenue Mobilisation and Fiscal Commission.

The President also appointed Dr Abuh Mohammed as Director-General of the National Population Commission, NPC, Dr Akinola Odeyemi as Managing Director of the Nigerian Bulk Electricity Trading, NBET, and Dr Anthony Inalegwu Godwin as Chairman and Chief Executive Officer of the Nigeria Atomic Energy Commission.

Engineer Julius Oloro was named Chief Executive Officer of the National Centre for Agricultural Mechanisation, NCAM, based in Ilorin, Kwara State. He succeeds Dr A.R. Kamal, who died in January.

Tinubu further approved the constitution of the board of the Fiscal Responsibility Commission, with Dr Abdullahi Maikano Saidu appointed as Chairman.

Other members of the board are Mohammed Asmau, Mohammed Aliyu Makama, Dr Suleiman Gidado, Louis O. Ndukwe, Amaechi Ugwele and Olaniyi Idowu Onikola.

The President also appointed Shuni Muhammad Dahiru as Executive Secretary of the National Commission for Mass Literacy, Adult and Non-Formal Education. Dahiru replaces Professor Shu’aibu Shehu Aliyu, who was reassigned to the Petroleum Trust Development Fund, PTDF, in April.

In the Federal Housing Authority, FHA, Tinubu appointed Gisaor Vincent Iorja as Executive Director, Finance, to replace Mathias Byuan, who resigned from the position to contest the Benue State governorship election.

Iorja, an economist, legal scholar and academic, is currently the Secretary of the Benue State Independent Electoral Commission, BSIEC.

The Presidency said all the appointments take immediate effect.

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FCT Police Detain 4 Officers for Extorting N53,000 from ICPC Chairman

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By Yusuf Danjuma Yunusa

The Federal Capital Territory, FCT, Police Command has detained four police officers for allegedly extorting N53,000 from the Chairman of the Independent Corrupt Practices and Other Related Offences Commission, ICPC, Dr Musa Aliyu, SAN, during an illegal stop-and-search operation in Abuja.

The FCT Commissioner of Police, Ahmed Sanusi, disclosed this on Monday while briefing journalists in Abuja, describing the officers as “thieves” who had no business wearing the police uniform.

According to Sanusi, the officers abandoned their designated duty posts, converged around the Banex area of Wuse, where they mounted an unauthorised checkpoint, and extorted the ICPC chairman without knowing his identity.

He said the officers compelled the ICPC chairman to withdraw N53,000 through a Point of Sale, POS, operator, made him pay the transaction charges, and later shared the money among themselves.

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“I must say here too that we have about four policemen in custody as we speak who successfully extorted somebody of high importance, unknown to them that this person is a highly placed person in society. In clear terms, they extorted the Chairman of the ICPC.

“They extorted him of N53,000. They took him to a POS, he withdrew the money, paid the charges and they shared the money among themselves,” he said.

The police commissioner said investigations revealed that the officers had formed a criminal gang after leaving their various divisions to carry out the illegal operation.

“They are a gang of criminals who left various divisions, clustered together, moved to Wuse Banex and created a checkpoint where they perpetrated this act before fleeing,” he said.

Sanusi said the command subsequently declared the officers wanted and arrested their gang leader, whose confession led to the arrest of the remaining members of the syndicate.

“We got all of them. We are going to make sure they are severely punished. Those that are going to be dismissed will definitely be dismissed,” he added.

The commissioner also reiterated that the Inspector-General of Police had prohibited the indiscriminate search of citizens’ mobile phones by officers on patrol.

He advised residents not to comply with unlawful demands by police officers to search their phones on the roadside and urged them to report such incidents immediately through the police emergency lines.

“You cannot stop anybody on the road and ask the person to bring out his phone for search. If any policeman stops you and asks to search your phone, don’t agree. Call the police emergency lines and we will ask them why,” Sanusi said.

He further urged members of the public to promptly report cases of extortion and other forms of police misconduct, assuring them that officers found culpable would be tracked down and sanctioned.

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Andy Burnham Becomes UK’s New Prime Minister

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By Yusuf Danjuma Yunusa

 

Andy Burnham has become the United Kingdom’s prime minister and was invited by King Charles III to form a government, after Keir Starmer’s resignation.

Burnham enters office promising a “10-year plan for the country” to address some of the fundamental issues holding the UK back.

He added: “I’m not saying that means I’m setting out to say I’m going to be here for 10 years. It’s more that we’re not in the right place structurally.”

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In his first Downing Street speech he promised to give people “breathing room” against the rising cost of living.

He intends to urge the country to be honest about the challenges it faces and will call for “reflection and resolution.”

He enumerated that he is “acutely conscious” that the UK has had seven prime ministers in a little over 10 years, stressing the need for more stable and responsible politics and pledging to restore faith in government.

In his final appearance at the prime minister’s office in Downing Street, Starmer said his “work is done” and that he was leaving the country “stronger and fairer” than when he took office just two years ago.

“I go with good grace, I go with a smile, and I go proud of everything that we have achieved,” he added.

After a brief audience with the king, the palace announced Starmer had tendered his resignation which Charles was “graciously pleased to accept.”

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