BREAKING: Court strikes out 8 of 15 charges against Nnamdi Kanu

Ilesanmi AdekanbiApril 8, 2022

3 minutes read

The Federal High Court sitting in Abuja has struck out eight of the 15 counts against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

The 15 charges which bordered on terrorism were filed against Kanu by the Federal Government.

Justice Binta Nyako, however, struck out eight of the charges while delivering a ruling on the validity of the charges on Friday at the court in the Federal Capital Territory (FCT).

Delivering ruling on the validity of the charge Justice Binta Nyako held that in this instant preliminary objection application, counts 6,7, 8, 9, 10, 11, 12 and 14 have not disclosed any offence by the defendant, while Counts 1, 2, 3, 4, 5, 8 and 15 shows some allegations.

The trial of the defendant shall proceed on those counts.

She noted that rendition for the purpose of criminal investigation is allowed. In the instant case, there is a bench warrant on the defendant, suffice it to say, he is a fugitive before the court.

The court also held that the issue of the proscription of IPOB, the case is still on appeal, the order proscribing the organization is still subsisting until it is vacated.

Mike Ozekhome, Kanu’s lead counsel, describe the charges as “defective and baseless”.

He said his application seeks the “quashing, striking out and dismissing of the 15-count amended charge” for being “incompetent and denying the court of jurisdiction to entertain the suit”.

The application, premised on 34 grounds and supported by a 36-paragraph affidavit, is also seeking an order acquitting and discharging Kanu.

“You are accusing Kanu of making some broadcast. You didn’t say where these broadcasts were made. Were they made in the spirit world, made in the air or under the ground?” Ozekhome asked.

He also said according to the provisions of the federal high court act, a prosecutor is expected to give exact details of a location where an offence is committed.

Ozekhome adopted his application and asked the court to strike out the entire charge.

However, Shuaibu Labaran, the prosecution counsel, asked the court to dismiss the defendant’s application.

Meanwhile, there will be no more media coverage for cases bordering on terrorism, the Federal High Court of Nigeria has said.

The court’s Chief Information Officer, Dr Catherine Christopher, announced this in a statement on Thursday while outlining FHC’s new practice directions.

Terrorism proceedings, according to the statement, will be conducted in secret except when the Chief Judge of the court, Justice John Tsoho, grants permission for media coverage.

It stated that terrorism proceedings will hold at any place to be designated by the chief judge and in the case of the Abuja Judicial Division, the venue, for the time being, would be the premises of the Code of Conduct Tribunal.

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“The Chief Judge of the court, Justice John Terhemba Tsoho, in the exercise of his constitutional powers as enshrined in Section 254 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and all other powers enabling him, hereby made the following practice directions,” the statement read.

“These practice directions seek 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.

“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 court warned that anyone who contravenes an order or direction made under the practice directions would be deemed to have committed an offence contrary to Section 34(5) of the Terrorism (Prevention) Act, 2011 (as amended).

It said the perimeters of the court sitting over a terrorism trial would be secured for the period of the trial for the safety of litigants and court officials, while the distance and size of perimeters to be secured for the trial would be determined based on the recommendation of security agencies on a case-by-case basis.

The court stressed that nobody would be allowed within the secured perimeters, except the approved court officials, parties, and a number of pre-registered legal practitioners on either side, witnesses, and any other person as may be directed by the judge or the most senior judge in the given circumstances.