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Nnamdi Kanu’s Lawyers Pray, Dance As Court Discharges Him

BIAFRA NEWS : 2023 polls Twist, turns as court frees Nnamdi Kanu

 

There are indications that all is not well with the secessionist group, Indigenous People of Biafra, IPOB.

This is as the highest decision making organ of the group, Directorate of State (DOS) has said that there are no plans to disrupt election in the South-East, but shortly thereafter, another group countered that position.

Videos of a breakaway member of the group, Mr Simon Ekpa, a Nigeria/Finland citizen had insisted that no election would hold in the zone.

Ekpa in a video that went viral on social media had threatened that there will be no election in the South-East in 2023, vowing that IPOB will disrupt the process.

But the media and publicity secretary of the group, Emma Powerful in a press statement last week said there is no truth in any information circulating on plans to disrupt election in Igboland.

Powerful in the statement said: “The IPOB leadership has for the umpteenth time stated unequivocally that part of our modus operandi in our agitation for freedom has never been, is not and will not be violent agitation. This explains our consistent demand for the UN to organise a Referendum in the Biafran territory for the Biafran people to determine their destiny. To this effect, IPOB is neither contemplating nor will it encourage or sponsor anyone or group to disrupt the Nigeria shambolic selection process called election.

“IPOB has constantly made it public that we have no interest in and cannot legitimise the aberration they call election in Nigeria. We are a focused, determined and disciplined freedom fighting movement not political thugs and IPOB is devoted to the cause of liberating our people from subjugation and from modern day slavery and Neo-colonialism and will not allow ourselves to be distracted from this very objective. If in the future IPOB Leadership decides to make further statement on the upcoming Nigeria selection process called election, we shall make such statement through our official channels.”

The above had sparked a debate about the unity in the group, as Ekpa has severally made broadcasts, in the name of IPOB, including fundraising, and has severally declared sit-at-home protest in the name of the group, which were honoured by people in the South East. For an average man like Sylvester Sunday, a phone accessories dealer in Aroma junction, Awka: “To me, all of them are the same. Any time they declare their sit-at-home, I just obey.”

But Emma Powerful in a WhatsApp exchange with DAILY POST asked that all utterances of Ekpa be discarded and ignored, as he was neither a member of IPOB, not had he powers to speak for the group.

Powerful said: “You shouldn’t take what Simon Ekpa said because it won’t hold water. He is nobody in relevance and popularity. IPOB has no business in Nigeria selection called election and besides Simon Ekpa is never IPOB member and I don’t know why you equate his strategies with IPOB strategy.

“I called you before and informed you never to write whatever Simon Ekpa says, Simon Ekpa never introduced any new thing unless what IPOB introduced. Monday Sit-at-home was issued by IPOB and cancelled and he capitalise on it and is causing problem. Tell your people or friends to stop joining my statement with Simon Ekpa unless they have intentions to destroy IPOB which cannot work for them.”

Meanwhile, the discharge and acquittal of Nnamdi Kanu by the Court of Appeal on Thursday has raised mixed feelings among many. Many believe that Kanu’s release would help him to come out of detention and take a firm stand on the information he had been passing from prison through third party, he would be able to totally proclaim by himself that there would be no election boycott in the South East. Doing so, he would reign in the like of Ekpa and other alleged criminals operating in the South East in the name of IPOB.

But on the other hand, some people believe that the release of Kanu may be an orchestrated plot to use him to scare South easterners into voter apathy, as he would most likely insist on the realisation of Biafra, against peaceful election in the South East.

At UNIZIK junction, Awka, where some supporters of Kanu were jubilating over his recent discharge, a supporter, whose name was simply given as Oga Boss said: “Now that Kanu is on his way out of prison, let me see how all these people who are using his name to cause trouble can continue.

“Be it Simon Ekpa, who does not always listen anytime Kanu passes a message from prison, or all those people who go about kidnapping and dropping the name of IPOB, let me see how they will not listen when Kanu speaks.”

There have been news of how some people who were loyal to Kanu had been using his name to make money for themselves since Kanu has been in prison. During the Anambra governorship election in 2021, which was also the very peak of violence in the State, where many areas were declared very dangerous to visit, a governorship aspirant from a popular political party had to part with millions of Naira to persons who pledged loyalty to Kanu, just to assure there will be safety as the candidate flagged-off his campaign.

Meanwhile, two respondents, Victoria Mmerichukwu and Nwama Lubia who commented on Facebook said it is still suspicious how all charges against Kanu were dropped. They believe it may be a grand plot to use Kanu, through his release, to distract the Igbo.

“It’s indeed suspicious! I see it as a strategy, to bring division among Ndigbos. Because, for sure some will be agitating for Igbo Presidency while others Biafra, which they might (cause) declaration of no election in South East,” they said.

Appeal Court Discharges Nnamdi Kanu, Challenges High Court’s Jurisdiction

BIAFRA NEWS : Appeal Court ends Nnamdi Kanu’s trial, orders IPOB leader’s release

 

The Court of Appeal ordered Mr Kanu’s release from the custody of the State Security Service (SSS), where the IPOB is being held since he was brought back to Nigeria

 

The Court of Appeal in Abuja, on Thursday, struck out the terrorism charges filed against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) by the Nigerian government.

The court struck out all the remaining seven charges against Mr Kanu.

It followed an earlier ruling of the trial judge, Binta Nyako of the Federal High Court in Abuja, in April dismissing eight of the 15 amended counts filed against him by the federal government.

In a judgement on Thursday, the Court of Appeal panel led by Jummai Sankey struck out all remaining charges against Mr Kanu, ruling that the lower court “lacks the jurisdiction to entertain the suit.”

The court held that Mr Kanu’s extradition from Kenya in June 2021 to Nigeria without following the extradition rules was a flagrant violation of Nigeria’s extradition treaty and a breach of the IPOB leader’s fundamental human rights.

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It held there was no denial by the Nigerian government’s lawyer, David Kaswe, in the appeal as to the submissions of Mike Ozekhome, Mr Kanu’s counsel, that the separatist leader was “extraordinarily renditioned from Kenya.”

The appellate court held that the failure of the federal government to adequately respond to Mr Kanu’s arguments gave merit to the appeal.

The court further said also the Federal High Court failed to examine the findings of the prosecution as it would not have tried Mr Kanu on the grounds that the IPOB leader was not “illegally brought into the country.”

The charges struck out include the ones instituted against Mr Kanu before he was brought back to Nigeria last year.

 

It ordered Mr Kanu’s release from the custody of the State Security Service (SSS), where the IPOB has been held since he was brought back to Nigeria.

Background

Mrs Nyako had on 8 April while ruling on the IPOB leader’s preliminary objection challenging the validity of the charge, struck out eight of the 15 counts.

The separatist leader was accused of various offences in the 15 counts, including treasonable felony and terrorism, offences he allegedly committed in the course of his Biafra nation agitations.

The trial judge had ruled that Counts 6, 7, 8, 9, 10, 11, 12, and 14 were incompetent for not disclosing any valid offences against the defendant.

However, in a judgement on Thursday, the Court of Appeal panel led by Jummai Hanatu, held Mr Kanu’s forcible repatriation from Kenya to Nigeria in June 2021, was in violation of the country’s extradition law.

The judge had asked the prosecution to proceed to trial on the remaining seven charges, ordering the prosecuting lawyer, Shuaibu Labaran, to file a fresh proof of evidence before May 18, the next hearing date.

PREMIUM TIMES reported that the judge, in a separate ruling on 8 April, validated the federal government’s repatriation of Mr Kanu from Kenya to face the charges pending against him in Nigeria.

Below are the full details of the seven charges that were struck out

 

Full details of the counts:

Count 1

The prosecution alleged that Mr Kanu, of Afara Ukwu, Umuhahia North Local Government Area of Abia State, as a member of and leader of proscribed IPOB sometimes in September 2021, committed an act of terrorism against Nigeria and its people by allegedly making a broadcast received and heard in Nigeria with intent to intimidate the population, threatened that the people would die and that the whole world would standstill. The offence is said to be punishable under section 1(2)(b) of the Terrorism Prevention Amendment Act 2015.

Count 2

The prosecution accused him of committing “an act in furtherance of an act of terrorism” against Nigeria and its people made a broadcast received and heard in Nigeria within the jurisdiction of the court with intent to intimidate the population, issued a death threat against anyone who flouted his sit-at-home order.

Mr Kanu allegedly ordered whoever flouted the order should “write his/her will”, and as a result banks, schools, markets, shopping malls, and fuel stations domiciled in the eastern states of Nigeria must not open for business. Citizens, and vehicular movements, in the eastern states of Nigeria, the prosecution said, were grounded as a result of the sit-at-home order.

The prosecution said the offence is punishable under section 1(2)(b) of the Terrorism (Prevention) Amendment Act (2013).

Count 3

The prosecution also alleged that “on diverse dates” between 2018 and 2021 within the jurisdiction of this court, Mr Kanu professed himself to be a member and leader of IPOB, a proscribed organisation in Nigeria.

This, the prosecution said was an offence contrary to and punishments under section 16 of the Terrorism Prevision Amendment Act 2015.

Count 4

M Kanu also, allegedly, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria inciting members of the public in Nigeria in furtherance of an act of terrorism against Nigeria and its people to hunt and kill Nigerian security personnel.

The offence, according to the prosecution, is punishable under section 1(2)(h) of the Terrorism Prevention Amendment Act 2013.

Count 5

Mr Kanu, also on diverse dates between 2018 and 2021, allegedly broadcasted furtherance of an act of terrorism against Nigeria and its people received and heard in Nigeria in furtherance of an act of terrorism, inciting members of the public in Nigeria to hunt and kill families of Nigeria security personnel.

The offence is said to be punishable under 1(2)(h) of the Terrorism Prevention Amendment Act 2013.

Count 13

Mr Kany also alleged between 2018 and 2021 made a broadcast received and heard in Nigeria with the intent to incite violence, in furtherance of an act of terrorism against Nigeria and its people, directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government.

The alleged offences, the prosecution says, are punishable under section 1(2) of the Terrorism (Prevention) Amendment) Act 2013.

Court 15

The prosecution also alleged that on diverse dates between March and April 2015 Mr Kanu was illegally imported into Nigeria and kept in Ubulisluzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L concealed in a container of used household items which he declared as used household items.

The alleged offence was said to be contrary to section 47(2)(a) of Criminal Code Act CapC45 Laws of the Federation of Nigeria 2004.

Appeal Court terminates Nnamdi Kanu’s trial, orders IPOB leader’s release

BIAFRA NEWS : Appeal Court fixes Thursday to rule on Nnamdi Kanu’s case

 

The Court of Appeal, Abuja will deliver judgment in the case between the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and the Federal Government on Thursday.

Kanu’s lawyer, Ifeanyi Ejiofor made this known on Wednesday in a statement titled, “Update on Onyendu’s Court of Appeal case.”

Vanguard earlier reported that the separatist group’s leader’s special counsel, Aloy Ejimakor led a team of other lawyers at the appellate court this morning in the appeal suit filed on September 5, 2022. 

A statement by Ejiofor partly read, “We wish to inform all followers of Mazi Nnamdi Kanu, that we just received NOTIFICATION from the Court of Appeal Abuja Judicial Division, that the long awaited Judgment in Onyendu Mazi Nnamdi Kanu’s Appeal No: CA/ABJ/CR/625/2022 BETWEEN: MAZI NNAMDI KANU VS. FEDERAL REPUBLIC OF NIGERIA, will be delivered tomorrow, the 13th Day of October, 2022, at 2:00PM.”

“We are very excited with this news as we look forward to a victorious outing tomorrow. The hour has come! Please do not relent in your prayers as they are positively impacting . We will surely have every cause to rejoice for Victory is ours and it shall surely end in praises.”