The Court of Appeal sitting in Abuja has discharged the embattled leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu.
The court discharged and acquitted the embattled leader of the proscribed group.
Kanu had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022 applied to be discharged and acquitted. Kanu was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
However, the Court of Appeal on Thursday declared as illegal and unlawful, the abduction of Kanu from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
The Appellate Court held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria thereby making the terrorism charges against him incompetent and unlawful.
The Appeal Court in a judgment by Justice Oludotun Adebola voided and set aside the charges by the Federal Government against Kanu.
The Appellate Court proceeded to discharge Kanu from the alleged offences.
Justice Adebola held that the failure of Nigeria to follow due process by way of Extradition was fatal to the charges against Kanu.
The Appeal Court further held that the failure of the Federal Government to disclose where and when the alleged offences were committed was also fatal to the terrorism charges and made them liable to dismissal.
Reacting to the judgment, Kanu’s lawyer and human rights activist, Ifeanyi Ejiofor, on his Facebook page on Thursday, said Kanu won at last.
“Appeal allowed, Oyendu Mazi Nnamdi KANU, discharged and acquitted. We have won!,” he wrote.
On April 8, Justice Binta Nyako of the Federal High Court struck out eight of the 15 counts.
While ruling on the preliminary objection seeking to quash the charges, the judge said counts 6, 7, 8, 9, 10, 11, 12, and 14 had not disclosed any offence against the defendant (Kanu).
The charges that were struck out below are as follows: “Count 6: Made broadcasts to attack officers of the Nigeria Police Force; Count 7: Made broadcasts in which he incited members of the public to hunt and attack officers of the Nigerian Police Force.
“Court 8: Made broadcasts in which he directed members of the IPOB to manufacture bombs; Court 9: Made broadcasts on diverse dates in furtherance of terrorism against the Nigeria state and with intent to destabilise the fundamental political and economic structures of Nigeria, incited members of the public to stop the Anambra governorship election.
“Count 10: Incited members of the public to destroy public facilities. Count 11: Threatened members of the public not to come out on 31st May 2021. Count 12: Made broadcasts with the intention to incite members of the public to stage a violent revolution in furtherance of acts of terrorism. Count 14: Directed members of the public to destroy the public transport system in Lagos, resulting in major economic loss to the governor.”
Nyako had said that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the defendant had to answer.
