April 08, (THEWILL) – The Federal High Court, Abuja, has struck out eight out of the 15-count charge preferred by the Federal Government against the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Nyako freed Nnamdi Kanu on the eight counts on Friday, while ruling on a preliminary objection, filed by the IPOB leader challenging the validity of the 15-count amended charge preferred against him by the Federal Government.
The amended charges borders on Alleged commission of acts of terrorism, felony, incitement, unlawful importation of a radio transmitter and leading an illegal organisation.
“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”, Nyako held.
The court further held that the Federal Government, through the Office of the Attorney-General of the Federation (AGF), had been able to establish some allegations 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 counts”, Justice Nyako ordered.
However, on Kanu’s rendition for the purpose of criminal investigation to Nigeria, the court exonerated the Federal Government on the allegation that the IPOB leader (Kanu), was forcefully abducted abroad to stand his trial.
Justice Nyako, in a ruling, held that rendition for the purpose of criminal investigation was allowed; adding that since Kanu was on bench warrant, the law allowed that anywhere he was sighted, he can be arrested and brought to face trial.
“Rendition for the purpose of criminal investigation is allowed. In the instant case, there is a bench warrant on the defendant (Kanu). Suffice to say, he is a fugitive before the court”, she said.
The judge, who dismissed Kanu’s move to challenge the terrorism charge, upheld seven counts in the fresh charges filed by the federal government against the IPOB leader.
Nyako also ruled that the order proscribing IPOB as a terror group still subsisted, until it was vacated since the issue was still on appeal.
She dismissed the argument by Chief Mike Ozekhome, counsel for Kanu, that whether IPOB was a terrorist organisation, was still a subject of appeal.
On the allegations that his client jumped bail, Ozekhome said, “my client did not jump bail, but rather, the Nigerian government forced him to exile.”
He appealed to the court to grant his client bail.
“We implore my Lord to grant him bail, even if she (the judge) wants to subject him to certain conditions.”
Justice Binta Nyako Adjourned to May 18 and 26 for bail application and continuation of the trial in a new venue to be announced. The defendant, Ndamdi Kanu, will continue to remain in the custody of the Department of State Security (DSS), the court added.
Counsel to the Nigerian government, Shaibu Labaran, while speaking to newsmen said that, “all counts relating to were sustained by the court.
“With respect to membership of IPOB, which Ndamdi Kanu denied, the group remained a proscribed organisation under the Nigerian law.”
Counsel to Ndamdi Kanu, Mike Ozekhome (SAN), expressed happiness with the striking of the 8 counts, believing that the remaining 7 counts will also be dismissed.
