Senior Advocate of Nigeria, (SAN), and Lead counsel to detained leader of the Indigenous People’s of Biafra Chief. Mike Ozekhome, (IPOB) has tasked the Department of State Security (DSS) to accord his client due rights.
Ozekhome who spoke to journalists at the adjournment of Kanu’s trial to Wednesday as his legal counsel objected to a continuation due to the amended charge that added one more charge to the old list and also affirmed that it is only by guaranteeing Kanu such rights would make his trial possible and fair.
Ozekhome said “only the living can face trial. The description is that someone stands trial. We never say ‘sit trial; prostrate trial; lie down trial. The meaning is that the accused person facing trial must be fit enough to stand up and listen to the trial. But if the person is treated in such a way that he cannot be fit to stand trial, then the essence is defeated.”
He said that there is existing decision of the Supreme Court that only the living can be tried, therefore, the DSS should treat his client in a way that he will be in the right frame of body and mind to be tried.
He challenged also that the accusatorial judicial system Nigeria operates presumes that someone that is going through trial is innocent until his guilt is proven.
“Even convicted people on death row still have rights, so the detaining authority doesn’t have the right to be flogging him every morning or subject him to maltreatment. His right to religion as guaranteed in our constitution must be respected and this should apply to my client, Mazi Namdi Kanu.
“I believe that with the proceedings of today, there should be a change of heart by the DSS towards this trial and towards the accused person.”
