The trial judge and the prosecuting lawyer in the terrorism trial of Nnamdi Kanu before a Federal High Court in Abuja have distanced themselves from his plan to explore the reconciliatory procedure.
Justice Binta Nyako (the judge) and Adegboyega Awomolo, SAN (the prosecuting lawyer), said on Wednesday that it was not in their position to decide whether or not to aid Kanu’s plan to invoke a provision of the Federal High Court Rules that provides for reconciliation in cases before the court.
Kanu is on trial on a seven-count amended charge of terrorism, treasonable felony, and related offences before the Federal High Court in Abuja.
At the mention of the case on Wednesday, Kanu’s lawyer, Alloy Ejimakor said his client wants the court to, on its own, invoke Section 17 of the Federal High Court Rules, which, he said, provides for “reconciliation” and facilitation of amicable settlement in criminal or civil cases.
He said: “Section 17 of the Federal High Court Rules states that, in any proceedings, the court may consider reconciliation and settlement.”
Ejimakor claimed to have sometimes raised the proposal before Awomolo. He added that the prosecuting lawyer responded by saying that he was not making the proposal at the appropriate time.
In his response, Awomolo admitted Ejimakor’s claim but stated that he told the defence lawyer that it was not part of his brief to be involved in any negotiations with the defence in the case.
Awomolo said: “I told him (Ejimakor) to go to the Attorney-General of the Federation (AGF), who has the power.
“If he is interested in negotiating, he should go there, his (the AGF’s) office is just here,” Awomolo said, pointing to a building close to the Federal High Court complex.
“If he is interested in negotiating, he knows the right place, the Attorney General of the Federation office,” Awomolo added.
On her part, Justice Nyako said her court has no problem with either the defence or both parties discussing negotiations.
The judge said it was not the position of the court to be party to such proposal because it was only the responsibility of the court to determine cases and not to act as a solicitor for either of the parties. “If you want to discuss with the AGF, no problem at all,” the judge said.
Earlier, Ejimakor told the court that he filed two applications, the first of which was an application seeking the committal of the Director General of the Department of State Services (DSS) for allegedly failing to abide by the court’s order.
The other application, Ejimakor said, is contesting the court’s jurisdiction to further try Kanu on the pending seven-count charge.
Justice Nyako observed that both applications were not in the court’s file and could not be countenanced
The judge consequently adjourned further proceedings till September 25.
