The Human Rights Writers Association (HURIWA) of Nigeria has cautioned the Federal government over an alleged plot to execute the detained leader of the Indigenous People of Biafra (IPoB), Nnamdi Kanu, warning that such a move could provoke widespread unrest in the South-East and deepen Nigeria’s security challenges.
In a statement issued by its National Coordinator Comrade Emmanuel Onwubiko, the group said it is disturbed by media reports suggesting that the executive arm of government might be pressuring the Federal High Court to impose a death sentence on Nnamdi Kanu.
HURIWA described the alleged plot as “a brutal extra-constitutional measure,” insisting that punishing Kanu for expressing his views or agitating peacefully for self-determination would amount to a violation of both the Nigerian Constitution and international human rights conventions.
“Any attempt to execute Mazi Nnamdi Kanu just for exercising his fundamental human right to freedom of expression and the rights embedded in the International Covenant on Human and Peoples’ Rights to canvass for legal self-determination would instigate popular revolts in the South-East and worsen the already tense security situation,” HURIWA said.
The group urged the Federal High Court in Abuja to ensure that the Department of State Services (DSS) does not impede Kanu’s right to defend himself freely and fully. It noted that the ongoing restrictions placed on Kanu by the DSS violate Section 36(5) of the 1999 Constitution, which guarantees every accused person the right to a fair hearing and the presumption of innocence until proven guilty.
HURIWA further called on the DSS Director-General to demonstrate adherence to the rule of law by ensuring his officers stop what it termed “illegal practices” that deny the IPOB leader his constitutionally guaranteed rights.
“The defendant, Mazi Nnamdi Kanu, must never be denied his right to vigorously defend himself from the allegations brought before the court of law against his person by the Federal government,” Onwubiko stated.
The rights group also emphasised the concerns of Kanu’s family, which alleged that the DSS has made it nearly impossible for him to prepare his legal defence ahead of his next court appearance.
In a separate statement earlier issued by Kanu’s brother, Prince Emmanuel Kanu, the family accused the DSS of blocking the IPOB leader’s access to his lawyers, witnesses, and essential materials for his case.
“The DSS has refused to allow him to file court documents and denied him access to a computer and printer necessary for his defence. They have also been recording his meetings with lawyers instead of allowing private discussions as required by law,” the family alleged.
The family warned that Kanu’s inability to prepare adequately could prevent him from appearing in court, not out of defiance, but because of restrictions imposed by the DSS. It also appealed to the international community to intervene and urge Nigeria to respect Kanu’s right to a fair hearing.
HURIWA, therefore, urged the international community not to remain silent while due process is being subverted. It reminded the Federal Government that the use of state power to silence dissenting voices contradicts democratic principles and could erode public trust in the justice system.
“We appeal to the Director-General of the Department of State Services to continue to demonstrate his willingness to adhere strictly to the principles of the rule of law. The judiciary must remain independent and resist any form of interference that seeks to predetermine the outcome of Kanu’s trial,” Onwubiko added.
Meanwhile,Justice James Omotosho of the Federal High Court in Abuja has fixed judgment for November 20 in the terrorism trial of Nnamdi Kanu.
Justice Omotosho chose the date on Friday while ruling after Kanu eventually failed to open his defence having exhausted the six days given him by the court to conduct his defence.
The judge said Kanu, having failed to utilise the opportunity granted him to conduct his defence, he (Kanu) cannot claim to have been denied the constitutionally guaranteed rights to fair hearing.
Earlier, Justice Omotosho gave the embattled IPoB leader November 5 to defend the alleged terrorism charges against him or waive his right to do so.
Justice Omotosho said this after Kanu failed, for the fourth day, to enter his defence after the prosecution closed its case and the court overruled his no-case submission.
The judge warned that if Kanu failed to open his defence on November 5, he would be deemed to have waived his right to do so.
The court had, on October 27 adjourned to November 4 for Kanu to either file his final written address or open his defence.
At the day’s proceedings, Kanu, who is conducting his case by himself, said he has not filed any final written address as ordered by the court, but filed a motion and a supporting affidavit.
Kanu said he would not enter any defence, arguing that there is no valid charge known to any extant law that is pending against him.
He threatened not to return to detention and demanded that he should be set free and allowed to go home immediately because, according to him, there is no valid charge in respect of which he should be further subjected to trial.
Responding, prosecuting lawyer, Adegboyega Awomolo (SAN), faulted the competence of the fresh court documents filed by Kanu, arguing that they were not properly filed.
Awomolo urged the court to desist from further indulging the defendant, who he claimed is only interested in wasting the court’s time.
He urged the court to deem the documents recently filed by Kanu as his final written address, order parties to adopt the final addresses and adjourn for judgment.
In his ruling, Justice Omotosho said the documents recently filed by Kanu are in order, which would be considered at the time of judgment.
The judge said having taken judicial notice that the defendant is not a lawyer, he should be given the opportunity to consult a lawyer and get necessary support.