Nnamdi Kanu made a decision that surprised many Nigerians and all the observers of his trial. He opted to defend himself and asked his team of Lawyers, comprising top-tier Senior Advocates of Nigeria, to withdraw from defending him.
If you have Lawyers of the calibre of Kanu Agabi SAN, a former Attorney-General of the Federation and Dr Onyechi Ikpeazu SAN, defending you, Lawyers who are well-known, prolific advocates, whose expertise stretches to criminal litigation, then it raises eyebrows when the Defendant, privileged to have them, asks them to withdraw!
Recall that Kanu has, before now, fired his earlier set of Lawyers- Ifeanyi Ejiofor, Mike Ozekhome SAN, etc. They were the Lawyers who argued his jurisdiction up to the Supreme Court, including challenging the Stay of Execution filed by the FG!
This was long before the current set now told not to continue with his defence came on board! Aloy Ejimakor and Maxwell Opara were the survivors of the first team before they were sacked with Agabi SAN et al!
Prior to the notification of the court of the decision to go solo in his defence, he indicated his choice of witnesses comprising State Governors and signed the process in this regard himself. Obviously, that process was the forerunner of the formal notification of the disengagement of his lawyers!
The thinking amongst his supporters is that this latest tactic by Kanu is a dark arts masterstroke that holds Government by the balls and asphyxiates his trial, with the aim being amongst others to create a loophole to explore for appeal purposes ( in the event he is convicted), hang the case in perpetuity, generate tension/ frenzy and rely on same to seek political solution etc.
I have considered the touted gains. I struggle to see how it favours Kanu. Kanu has had his lawyers defend him to this point, did a no case submission which failed, and he was urged to enter his defence, before his decision to go solo in his defence!
Granted, in capital offences and other allied serious offences, it is legally tenable to have a Lawyer defend you. If you sack your lawyers midway and refuse the court’s assistance of assigning a lawyer to defend you, you cannot complain of infringement of fair hearing.
Fair hearing is not a magic wand for mischief. If you spurn the same, you cannot turn around to claim you were denied a fair hearing. Thus, Kanu, who has fired Ifeanyi Ejiofor, Mike Ozekhome SAN, Kanu Agabi SAN, etc, cannot, in my view, make a case that he was denied a fair hearing if convicted on appeal!
The Court never denied him the right to counsel; he was the person who sacked his counsel midway through his trial and rejected the Court’s offer to assign a lawyer to him.
The Court cannot force a counsel on him. It is his decision! The Court of Appeal holding otherwise will enable criminals to play around and frustrate prosecution. I do not fathom how the appellate courts would lay that cataclysmic precedent!
Political solution?
PBAT came on board without Kanu’s support. I am not convinced Kanu holds any political currency in the SE to sway votes for him in 2027.
With the security personnel cracking down and killing Kanu’s foot soldiers and other denigrates fermenting trouble in the SE, I do not see any armada of youths toeing that path in perpetuity at the risk of their lives!
A lot has changed since his incarceration. A different opinion is moulded, bemoaning the dark era and laying the blame on Kanu’s feet. Even if Kanu is acquitted or freed, he may most likely not be able to command the cult fellowship of yesteryears!
I do not see how Kanu’s continued detention, with everything that has happened, perturbs the FG!
Can two people play the game?
Assuming Kanu’s latest theatrics is to frustrate the trial. The Trial Judge can play the long game by adjourning sine dine pending when he gets a Lawyer and notifies the Court for continuation.
He is 58 at the cusp of 60. Since 2015, save for some interlude, his life has been stalled in detention.
Do you know the cost of the wasted years he has lost? The impact on his health etc?
Well I may not have all the answers.This is a learning curve. I am eager to see how this theatricstiltst any advantage to him.
We see how it ends!
Ifeanyi Agwuncha