Justice Binta Nyako of Federal High Court, Abuja on Thursday told the Leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, that the custody of the Department of State Services (DSS) is not a five-star hotel.
Kanu’s counsel, Ifeanyi Ejiofor, had prayed the court to make an order, directing the Federal Government to keep the IPOB Leader in a convenient facility.
“He is kept in a tiny place; he has not been eaten well. He has been wearing one cloth since his detention,” he told the court.
The judge, who said that the DSS custody is not a five-star hotel, said: “Unless I am given an evidence about what you are saying.”
She directed the lawyer to file an affidavit of facts about his claim.
Ejiofor also urged the court to direct the DSS to allow Kanu to practise his faith.
“Our client is a Jew, he is not allowed to practise his Jewish faith,” he alleged.
The judge then directed the DSS to give Kanu a maximum possible comfort; including changing his clothes and feed him with good diet.
“Mr Ejiofor, be serious in this matter. He is in a detention facility, there are certain things that are not allowed there. I have visited detention facility in the US and UK,” Nyako said.
Meanwhile, the court will on January 18, 2022, hear Kanu’s suit challenging its jurisdiction to preside over the matter.
Justice Nyako fixed the date, on Thursday, following an application for abridgment of time filed by counsel to the IPOB leader, Ejiofor.
Justice Nyako had, on the last adjourned date, fixed January 19 and 20, for Kanu’s trial continuation.
Kanu’s team of lawyers staged a walkout over allegation that the operatives of DSS refused to allow other counsel, including his American Lawyer, Bruce Fein, access into the courtroom.
But Ejiofor had filed an application, praying for the time within which to hear the trial to be abridged, and the motion was served on counsel to the Federal Government.
According to the lawyer, a trial of this nature requires a day-to-day hearing in accordance with the Administration of Criminal Justice Act, 2015, and the Federal High Court Practice Direction.
Nyako then fixed Thursday to hear the application.
When the matter was called, lawyer to the Attorney General of the Federation (AGF), Shuaibu Labaran, informed that the case was earlier adjourned to January 19 and 20, 2022, for trial continuation at the instance of the defendant (Kanu).
Nyako, who noted that the application for abridgement of time could go on without the defendant (Kanu), however, insisted that other applications challenging the competency of the charge could not be taken in the absence of the defendant in court.
Justice Nyako, who adjourned the matter until January 18, 2022, assured that all pending applications filed by Ejiofor would be taken on the adjourned date.
The AGF had, on October 21, rearraigned Kanu on a seven-count charge as against the five counts he was previously answering to, bordering on treasonable felony and terrorism.
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