*Strikes out 8-count charge against IPOB Leader
Justice Binta Murtala Nyako of the Federal High Court in Abuja, on Friday, struck out eight of the 15- count charge preferred against the Leader of the banned Indigenous Peoples of Biafra (IPOB), Mr Nnamdi Kanu, by the Federal Government.
The judge also cleared the Federal Government over allegation of forcibly abducting Kanu from Kenya to stand trial in Nigeria.
Delivering her ruling on Kanu’s preliminary objection against his trial, Justice Nyako held that the order proscribing IPOB is still subsisting despite an appeal against the proscription order.
The judge said, “This issue is still on appeal. The order proscribing the organisation is still subsisting until it is vacated.”
TheIdeal recalls that a former Chief Judge of the Federal High Court, the late Justice Adamu Kafarati, had in a September 2017 ruling , granted an ex-parte application by the Federal Government and declared IPOB as illegal and an unlawful organisation.
Justice Kafarati had in another ruling in January 2018, rejected an application by IPOB, seeking the vacation of the proscription order.
Justice Nyako also on Friday, faulted the claim by lawyer to Kanu, Chief Mike Ozekhome (SAN) that the IPOB leader was unlawfully brought from Kenya to Nigeria.
Ozekhome had in his argument, claimed that Kanu was abducted and forcefully brought to Nigeria in violation of his fundamental human rights.
Incidentally, this argument is the subject of a N50billion suit filed for Kanu on Thursday by Ozekhome before the Federal High Court, Abuja.
But Justice Nyako held that Kanu remained a fugitive on the strength of the bench warrant against him.
She said: “Rendition for the purpose of criminal investigation is allowed. In the instant case, there is a bench warrant on the defendant (Kanu). Suffice it to say that he is a fugitive before the court).
The judge further held that contrary to the argument of the defence, the court has the requisite jurisdiction to try Kanu for the offence he allegedly committed outside the court.
The judge consequently struck out eight of the 15 count charge preferred against Kanu on the grounds that the dropped counts did not disclose any offence against Kanu.
She said: “In this instant preliminary objection application, I have read the counts and come to the conclusion that counts 6, 7, 8, 9, 10, 11, 12 and 14 have not disclosed any offence against the defendant.
“Counts 1, 2, 3, 4, 5, 8 and 15 show some allegations which the defendant has to answer.
“The court shall proceed to try the defendant on those seven counts.”
The seven-count charge against him now are as follows:
COUNT ONE “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Omaha North Local Government Area of Abia State, sometimes in 2021, being a member and the leader of Indigenous People of Biafra, IPOB, a proscribed organisation, did commit an act in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria by making a broadcast received and heard in Nigeria within the jurisdiction of this honourable Court, with intent to intimidate the population, and you threatened that people will die, the whole world will stand still and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act, 2013.
COUNT TWO “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State, sometimes in 2021 did commit an act in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria made a broadcast received and heard in Nigeria within the jurisdiction of this honourable court, with intent to intimidate the population, you issued a deadly threat that anyone who flouted your sit-at-home order should “write his/her Will” as a result, banks, schools, markets, shopping malls, fuel stations domiciled in the Eastern states of Nigeria were not opened for businesses, citizens and vehicular movements in the Eastern states of Nigeria were grounded within the jurisdiction of this honourable court and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act. 2013.
COUNT THREE “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 within the jurisdiction of this honourable court professed yourself to be a member and leader of the Indigenous People of Biafra, IPOB, a proscribed organisation in Nigeria and that you thereby committed an offence contrary to and punishable under Section 16 of the Terrorism Prevention Amendment Act 2013.
COUNT FOUR “That you Nnamdi Kanu, Male, Adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria within the jurisdiction of this court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria in which you incite members of the public in Nigeria to hunt and kill Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT FIVE “That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria within the jurisdiction of this court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria in which you incite members of the public in Nigeria to hunt and kill families of Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT EIGHT That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria within the jurisdiction of this court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you directed members of the Indigenous People of Biafra IPOB, a proscribed organisation to manufacture bombs and you thereby committed an offence punishable under section 1 (2) (f) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT FIFTEEN “That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between the month of March and April 2015, imported into Nigeria and kept in Ubulisiuzor in Ihiala Local Government Area of Anambra State within the jurisdiction of this court, a radio transmitter known as Tram 50L concealed in a container of used household items which you declared as used household items, and you thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act, Cap, C45 Laws of the Federation of Nigeria 2004.
The judge later entertained argument on the bail application by Kanu’s lawyer, Ozekhome (SAN), who urged the court to admit his client to temporary freedom and release him to his custody.
But the prosecuting Federal Government lawyer, Magaji Labaran, raised an objection, saying that the IPOB leader had violated the terms of an earlier bail granted him.
Labaran said: “My Lord granted him bail in 2017 on health grounds, but since then till date, no medical record was submitted to the court until he jumped bail.
“What we should be saying is contempt of court because he has flagrantly violated the orders of the court.”
He added that the court should be guided by its discretion, citing the circumstances of the case.
Labaran added that in the alternative, the court should order accelerated hearing in the case so that Kanu could know his fate in the matter.
Justice Nyako later adjourned the case till May 18 for ruling on Kanu’s bail application and fixed May 26 for his trial.
