Court orders DSS to allow Nnamdi Kanu file defence documents
The Federal High Court in Abuja has ordered the Department of State Services (DSS) to allow the detained Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to file documents and depose to his affidavit in defence in his ongoing trial for alleged terrorism offences.
Justice James Omotosho gave the order on Friday after standing down proceedings to enable Kanu file the required legal processes in court.
The development followed Kanu’s complaint that DSS operatives had, for three days, prevented him from filing his defence documents.
“My lord, I have a process here to file which has not been allowed for the last three days,” Kanu told the court. “I have the process for my defence. I don’t know if my lord will allow me to file it.”
Responding, Justice Omotosho asked DSS officers in court to explain the situation.
A DSS operative said the service had procedures for Kanu’s movement, citing security concerns. He added that a formal letter from Kanu’s legal consultants was required before such a filing could take place.
“If the defendant wants to file a process in court, there is a standard protocol to guarantee his safety and that of others. A letter should have been written by his consultants to DSS management before he could be allowed,” the officer said.
Kanu, however, disputed the claim, saying the officers had refused to allow him file despite his requests.
“What he just said is not correct,” Kanu told the court. “When I was downstairs looking for the process on Wednesday, they said, ‘Let’s go, and you will be brought back the next day.’ I even suggested that court officers bring the stamp for me to depose to the affidavit, but they refused.”
Adegboyega Awomolo (SAN) Counsel to the DSS, noted that the court determines the protocol for Kanu’s movement and requested a brief standdown to allow him file the document.
He said he was not aware of Kanu’s attempt to file and suggested that the issue could have been resolved if Kanu’s consultants had contacted the DSS Legal Department directly.
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After hearing both sides, Justice Omotosho ordered court registry officials and the commissioner for oath to come into the courtroom with the court stamp so Kanu could complete the filing.
“The defendant will file here while we take other matters,” the judge ruled.
The judge further directed that court officials be permitted to visit the DSS facility with the court stamp whenever Kanu needs to depose to documents.
Kanu, who is on trial for alleged terrorism, is expected to open his defence later today.
