Court invites DSS DG over alleged contempt in Nnamdi Kanu’s case
By Jeffrey Agbo
A Federal High Court in Abuja has invited the Director-General of the Department of State Services (DSS), Adeola Ajayi, to explain why he should not be committed to prison for contempt.
A notice issued on Thursday and signed by the court registrar states: “…And take further notice that you are hereby required to attend the court on the first mentioned day to show cause why an order for your committal should not be made.”
The court noted that the DSS failed to comply with an order from Binta Nyako, a federal high court judge, which directed that Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), should be allowed access to his legal team three times a week.
“You have since 27th September 2024 to date not allowed applicant’s counsel to have any visitation with him,” the notice read.
“On account of the above, you have thus not complied with the 3 (three) days per week visitation to the applicant as was ordered by the court.
“By blocking counsel visitation to the applicant, you have thus not allowed such facility that is required for the preparation of the applicant’s defence.”
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On October 18, the court issued a “form 48 notice of consequences of disobedience to the order of court” against the DSS director-general.
The notice warned the DSS boss that he would be guilty of contempt of court and could face imprisonment if he disobeyed the court-ordered visitations.
Reacting to this in a statement on Friday made available to TheNiche, Kanu’s counsel, Aloy Ejimakor said: “It is self-evident that Mr. Ajayi is acting on the legal advice emanating from their private Counsel, Asiwaju Adegboyega Awomolo (SAN), who is holding the fiat of the Attorney-General of the Federation (Chief Lateef Fagbemi, SAN).
“In addition to the said legal advice, Chief Awomolo had on behalf of AGF Fagbemi and the Federal Government filed an application (on 7th October 2024) before the Court, stating that the recusal of Justice Binta Murtala-Nyako from this case has invalidated all the Orders made by her in the case. In rebuttal, we filed a process, stating that if the Orders made by Justice Nyako are now – by virtue of her recusal – null and void, then the order of remand/detention of Mazi Kanu which was also made by her has become null and void, thus rendering Mazi Nnamdi Kanu’s detention unconstitutional.
“Therefore, standing on this Attorney-General’s evident nullification of all the orders made by Justice Nyako in this case, including the order upon which Mazi Kanu remains in incarceration, we hereby call on the Federal Government to follow their logic by freeing Mazi Kanu immediately because his detention no longer has the backing of a valid court order.”
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