UPDATED: Kanu re-arraigned before new judge, lawyer apologises to court

The leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, was re-arraigned on Friday before Justice James Omotosho of the Federal High Court in Abuja.

After the case was called, Kanu Agabi announced his appearance for Kanu, while Adegboyega Awomolo (SAN) represented the Federal Government.

Kanu is facing a seven-count terrorism charge brought against him by the Federal Government.

Justice Omotosho was assigned the case after Justice Binta Nyako, the previous judge presiding over the matter, recused herself following Kanu’s request for a new judge.

Justice Nyako’s recusal on September 24, 2024, was in response to allegations of bias raised by Kanu and his legal team, who sought the transfer of the case to another judge.

Kanu was first arrested on October 14, 2015, following his return to Nigeria from the United Kingdom.

He was later granted bail in 2017 on health grounds after being detained at the Kuje Correctional Facility.

However, Kanu jumped bail and returned to the United Kingdom.

He was re-arrested in Kenya in 2021 and extradited to Nigeria, where he has remained in the custody of the Department of State Services to date.

Upon Kanu’s request for a new judge and the intervention of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the case was reassigned to Justice Omotosho.

At the resumed sitting, Agabi began by apologising to the court on behalf of Kanu, stating, “They are now at a place where they must apologise to Justice Binta Nyako, the prosecution team, and his legal team.”

Agabi added that Kanu had been angry for a long time.

He acknowledged that the attack on Justice Nyako was unjustified and apologised to Kanu’s team, whom Kanu had verbally attacked at the last sitting.

He also expressed regret for Kanu’s comments directed at the Federal Government’s counsel, who is also the chairman of the Body of Benchers, describing him as a lawyer held in high regard.

Agabi described Kanu as a good man and stated, “Everyone can’t be of like minds.”

He pleaded for understanding, emphasizing the need to make room for errors and to strive to save, not destroy.

In response, the prosecution accepted the apology and assured the court of their commitment to ensuring an expeditious hearing of the case.

Awomolo acknowledged the feelings of Kanu and the tension generated by the matter.

Justice Omotosho remarked that the length of the trial might have taken a toll on Kanu, stating, “When the defendant was arraigned in 2015, he was 47. Now he is 57 and still does not know where he is headed. This may have led him to make certain comments that were not right.”

The judge also apologised to the prosecution on behalf of Kanu.

Meanwhile, the seven-count charge was read to Kanu, and he pleaded not guilty to all the charges.

The prosecution informed the court of their readiness for trial, a position to which the defence team did not object.

Justice Omotosho granted an accelerated hearing, considering that the case had been ongoing for 10 years.

The matter was adjourned to April 29, May 2, and May 6 for trial.

Part of the apology, which was read aloud by Kanu’s counsel, Agabi, in open court, stated,

“We may have reason to be angry, but we must be careful what we say when we are angry. That is why we are urged not to sail in a storm.

“The defendant in this case, Nnamdi Kanu was angry. He has been angry for a long time. And therefore he should not have spoken when he was angry. But he did. And he said the wrong things. He attacked the court. He attacked the prosecutor. He attacked his own lawyers.

“For that reason, he has authorised me to apologise on his behalf. He is sorry for his attacks on the judge, on the prosecutor and on his defence team.

“Firstly, I apologise to the Hon. Justice Binta Nyako. She is one of our best and most respected judges. She did not deserve the attacks upon her. They were unjustified.

“We apologise to Chief Adegboyega Awomolo, (SAN), Chairman of the Body of Benchers and leader of the body of Senior Advocates of Nigeria in Abuja. Chief Awomolo has since distinguished himself by his humility, his dedication to the profession. He deserves our highest respect.

“I apologise to Nnamdi Kanu’s own defence team which he castigated without reservation. It is a credit to the members of that team that they still agree to defend him. It is clear from all that has transpired that he acted in anger. He spared no one. But by behaving the way he did, he imperiled himself more than any other person. I appeal to all those he offended to forgive him.

“I think of him as a good man. We cannot all be of one mind. I respect the fact that when he felt that he had cause to disagree, his courage did not fail him to take a stand. And I respect the fact that when the government felt that he had exceeded the bounds of law, measures were taken to correct him.

“Like all men and women, he is not perfect. He holds himself out as representing the cause of the Igbos. On my part, I see the Igbos as a people who are irrepressible. They are a forward looking, hardworking and intelligent people. They are very resilient people. They are an adventurous and fearless people.

“We must strive for a more integrated, more united, more efficient and more peaceful nation.

“We must all work ceaselessly for peace and unity. No price is too great to be paid for peace. We are never going to have peace until we are willing to go the extra mile, to turn the other cheek and to add our coat when our cloak is taken.”