Connect with us

News

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

Published

on

 

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:

Advert

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).

News

NISO Announces Power Outage in Kano, Jigawa, Katsina for Grid Maintenance

Published

on

 

By Yusuf Danjuma Yunusa

The Nigerian Independent System Operator (NISO) has announced a planned power interruption affecting Kano, Jigawa, and Katsina states this Sunday, from 9:00 a.m. to 1:00 p.m.

In a statement posted via its X handle, NISO explained that the temporary outage is necessary to facilitate essential maintenance at the 330kV Kumbotso Substation, to be carried out by the Transmission Company of Nigeria (TCN).

Advert

Describing the upgrade as a critical investment, the system operator noted that the exercise would strengthen the national grid, enhance transmission capacity, and improve the overall resilience of Nigeria’s power system—ultimately leading to better electricity supply for customers in the affected region.

NISO expressed regret over the inconvenience and appealed for patience, understanding, and cooperation from members of the public during the maintenance period.

Continue Reading

News

DSS Releases Detained Farmer, Awards N3 Million Compensation After Review Clears Him of Terror Links

Published

on

 

By Yusuf Danjuma Yunusa

The Director-General of the Department of State Services (DSS), Oluwatosin Adeola Ajayi, has ordered the immediate release and compensation of a man who had been wrongfully detained on suspicion of ties to Boko Haram.

Nura Idris, a farmer and livestock rearer from Soba Local Government Area in Kaduna State, was released following a comprehensive review by a DSS investigation panel that found no evidence to support the allegations against him.

In addition to ordering his release, the DSS Director-General approved a compensation package of N3 million to assist Idris with his immediate needs and pledged further support to help him rebuild his business.

Advert

According to a security source, Idris was initially arrested in June 2024 in Suleja, Niger State, by a sister security agency over alleged links to terrorists. He was subsequently transferred to DSS custody, where the case underwent a full review.

Receiving the compensation, Idris expressed gratitude to the DSS leadership. “I thank the DGSS for his kindness. I was well treated in DSS custody and I pray that Allah rewards the DGSS immensely,” he was quoted as saying.

His father, Yusuf Idris, who received him upon his release, also thanked the DSS Director-General for his compassion and generosity, assuring that the compensation would be put to good use.

Another security source disclosed that in similar cases, the DSS routinely provides psychological and medical support to released detainees and assists them in establishing businesses to facilitate their reintegration into society.

The release of Idris is part of a broader internal review exercise initiated by the Service last year. The initiative aims to reassess inherited and prolonged detention cases to ensure that individuals held without sufficient evidence are not left in custody.

“The Service under the current DG has continued to show that safeguarding national security must go hand in hand with upholding the rights and dignity of citizens,” the source said.

Continue Reading

News

Army Approves Strategic Redeployment, Names New GOCs for 3 and 6 Divisions

Published

on

 

By Yusuf Danjuma Yunusa

The Nigerian Army has announced a major reshuffle of its senior officers, with changes affecting key operational, command, training and staff appointments.

According to a statement issued on Saturday by the Acting Director of Army Public Relations, Colonel Appolonia Anele, the reshuffle is part of efforts to strengthen national security and improve operational effectiveness across the country.

The statement added that the postings affected field commanders, school commandants and principal staff officers at the Army Headquarters.

It noted that the Chief of Army Staff, Lieutenant General Waidi Shaibu, approved the strategic redeployment of senior officers, saying the move was aimed at enhancing the Army’s capacity to address emerging security challenges.

Under the new appointments, Major General WM Dangana has been named the General Officer Commanding (GOC) 3 Division Nigerian Army and Commander of Joint Task Force Operation ENDURING PEACE, replacing Major General EF Oyinlola.

Similarly, Major General EI Okoro has been appointed GOC 6 Division Nigerian Army and Land Component Commander of Joint Task Force South-South Operation DELTA SAFE, succeeding Major General EE Emeka.

Advert

The statement also announced the appointment of Major General JR Lar as Commander, Army Headquarters Garrison, while Brigadier General OM Oyekola will serve as Acting Military Secretary (Army). Brigadier General I Waziri retains his position as Chief of Staff in the Office of the Chief of Army Staff.

As part of efforts to strengthen operational leadership and combat readiness, Brigadier General IB Buhari was appointed Commander of Headquarters 63 Brigade, while Brigadier General K Rabiu was named Commander of Headquarters 31 Artillery Brigade.

In a move reflecting the Army’s growing emphasis on technology and emerging security threats, Major General SA Emmanuel was appointed Commander of the Nigerian Army Space Command.

The statement noted that the appointment “reinforces the Army’s growing focus on emerging domains of warfare and technology-driven security operations.”

Major General O Adegbe was also appointed Director of Intelligence and Security at Defence Headquarters.

In the area of military education and institutional development, Major General KE Chigbu was appointed Deputy Commandant of the National Defence College, while Major General SD Makolo became Commandant of the Nigerian Army Armour School.

Other appointments include Major General SO Adejimi as Commandant of the Nigerian Army School of Supply and Transport and Major General FS Etim as Chief of Training at the Headquarters Training and Doctrine Command, Nigerian Army (TRADOC).

Brigadier General U Ahmad has also been appointed Commandant of Depot Nigerian Army, Zaria.

The reshuffle further saw Major General KO Ukandu appointed Managing Director and Chief Executive Officer of Post Housing Development Limited, while Major General AI Allison was named Managing Director of Defence Properties Limited.

The statement added, “The COAS charged the newly appointed senior officers to justify the confidence reposed in them by demonstrating exemplary leadership, professionalism, innovation and unwavering commitment to the Nigerian Army’s constitutional mandate of defending Nigeria’s sovereignty, protecting its territorial integrity and supporting civil authority in maintaining peace and security across the nation.

“The Nigerian Army remains resolute in its transformation drive and commitment to building a highly professional, combat-ready and people-oriented force capable of effectively addressing contemporary and future security challenges in pursuit of Nigeria’s national security objectives.”

Continue Reading

Trending