Human Rights activist and one of the Lawyers to Nnamdi kanu, Sir. M. C Dim-Udebuani has revealed the true position of what transpired in court today.
In a statement made available to BarristerNG the right Activist noted that the scenario earlier painted as ‘a work out in court’ is nothing but false.
Read the full statement below
Fake news and please disregard same as handiwork of evil men.
I was not only in court but one of the 5 lawyers for the defence.
It is quite unfortunate indeed that we Nigerians trade so much in fake and fabricated news.
The true position of what happened in the Federal High Court today being 10/11/2021 was not a walk out but a deliberate attempt to subvert justice.
It is a walk out when the Court is in session and a lawyer has issue with the judge or any officer of the Court which he considered in his own opinion to be against the Rules and/or Laws or Constitution that he can no longer continue in the matter until the issue is addressed, which absolutely was not the case here.
In such a scenario, the Lawyer would ask the court to put him on record and he will state all the breaches and request to vacate the court. This is what is referred to as walk out.
But in the instance case, it took us namely Ejiofor, Emeka, Maxwell, Nnamdi brother, Uwazulike, Mr.Fine and myself Agams more than 2 hours to gain access to the court room.
Before, we finally entered the court we discovered that Mr. Fine was prevented from coming in by the officers of DSS citing order from above.
We said no, that we did not exceed the number of persons the Court allowed the defence and it is not in their place to start telling us who will be inside the court with us or not.
Note that the Court is not in session. I also personally witnessed that DSS officers that were in court are more than 10 and the Prosecuting team are also more than 10.
So, when we notice that Mr. Fine who came as an observer not as a Counsel because he cannot announce appearance in any Court in Nigeria without a waiver or being call to Nigerian bar.
At this point, we were all outside with the DSS trying to resolve the issue and the judge entered and the doors were closed and they did not allow us to come in.
It was Nnamdi Kanu brother who was already nside the court that told us that the case has been adjourned to 19th and 20th January 2022.
I sincerely believe that something is fundamental wrong with our system.
The proper thing the court would have done is to allow the defence to come in and state their grievances and not to treat us with contempt and disdain.
The court is also aware that DSS is in total breach of the order made at the last adjourned date that 3 persons of his choice are at liberty to visit him twice a week( Monday/Thursday)
But DSS has refused Mr. Fine from America to see him.
We filed Form 48 and Form 49 against DG DSS and our intention was to move the motion for contempt or transfer him to the Correctional service where we can have access to see him and prepare for his defence in line with the 1999 Constitution of Federal Republic of Nigeria.
It is a settled law that adequate time and facilities are non negotiable once one is facing criminal trial and when they are denied the accused rights have been breached and all the proceedings are liable to be set aside.
The court is not fair to us today and it is quite unfortunate considering our preliminary objection to their love letter called charge and motion for contempt against DG DSS.
Sirs, we did not stage a walk out but was deliberately denied access to the court.
We have met and I assure you that what happened today will be addressed accordingly in line with the law.
Thanks.
Sir. M. C Dim-Udebuani
Agams Agamebu chambers.
