Nnamdi Kanu’s American Lawyer Files Charges At ICC Over Secret Trial

American lawyer, Bruce Fein, said yesterday he had filed charges of genocide and crimes against humanity in the International Criminal Court (ICC) against the Chief Judge of the Federal High Court of Nigeria, John Tosho.

Fein, who is counsel to the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu,cited the April 7,2022 order of the court barring journalists and members of the public from attending proceedings in terrorism-related cases.

”Today, I filed charges of genocide and crimes against humanity in the International Criminal Court against Chief Judge of the Federal High Court of Nigeria John Tosho for an April 7 order directed by President Buhari authorizing a secret trial and judicial murder of Nnamdi Kanu,” Fein wrote on his Twitter handle @BruceFeinEsq Kanu is currently being tried by Justice Binta Nyako of the Federal High Court on a seven count charge of terrorism.

According to the ‘Practice Direction’ announced by the FHC’s Chief Information Officer, Catherine Christopher, the trial of terrorism-related offences would henceforth be conducted in camera.

It stipulates that “Proceedings of offences of terrorism, subject to the provisions of section 232 of the Administration of Criminal Justice Act, 2015 and section 34 of the Terrorism (Prevention) Act, 2011 (as amended), shall be held in camera or as may be ordered by the Court.

“The coverage of proceedings under these Practice Directions is strictly prohibited, save as may be directed by the Court.”

Thus “any person other than the parties and their legal representatives” is excluded from such court proceedings while authorizing the trial court to “make an order as to any electronic devices that would be allowed during the proceeding.”

Violators of an order or direction made under the new dispensation ”shall be deemed to have committed an offence contrary to section 34(5) of the Terrorism (Prevention) Act, 2011 (as amended).

The court said its action was to “ provide measures that will ensure the security and safety of parties; personnel of law enforcement agencies and the Judiciary; as well as members of the general public; while ensuring expeditious and fair trial of persons suspected of having committed acts of terrorism.”

It added that “the perimeters of the court sitting over a terrorism trial shall be secured for the period of the trial for the safety of litigants and court officials.”

The Practice Directions are cited as “the Federal High Court Practice Directions (On Trial of Terrorism Cases) 2022.”