* ….as Anambra lawyers drag IPOB to AGF over election boycott
order
Leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi
Kanu, has queried the competence of amended five-count treasonable
charge the Federal Government lodged against him and four other
pro-Biafra agitators-Chidiebere Onwudiwe, Benjamin Madubugwu, David
Nwawuisi and Bright Chimezie- before the Federal High Court in
Abuja.
Kanu and his co-defendants are expected to enter their fresh
plea to the amended charge marked FHC/ABJ/CR/383/2015, before trial
Justice Binta Nyako, on October 17.
Whereas the original charge had only four defendants, with Kanu
as the 1st accused person, FG, through the Department of Public
Prosecutions, Federal Ministry of Justice, amended the case to
include Chimezie who was alleged to have between the months of
March and April, 2015, imported into Nigeria, a Radio transmitter
known as TRAM 50L.
FG alleged that the transmitter was concealed in a container
that was declared as used household items, contrary to section
47(2) (a) of the Criminal Code Act, Cap C45, Laws of the Federation
of Nigeria, 2004.
Aside the inclusion of the 5th defendant in the case,
particulars of allegations FG levelled against Kanu and the three
other pro-Biafra agitators remained unchanged.
Specifically, FG alleged in count-one of the amended charge,
that Kanu and his co-defendants, as well as other persons currently
at large, “on diverse dates in 2014 and 2015 in Nigeria and London,
United Kingdom, did conspire amongst yourselves to broadcast on
Radio Biafra monitored in Enugu and other areas within the
jurisdiction of this honourable court, preparations being made by
you and others at large, for states in the South-East and
South-South zones and other communities in Kogi and Benue States to
secede from the Federal Republic of Nigeria with a view to
constituting same into a Republic of Biafra and you thereby
committed an offence punishable under section 516 of the Criminal
Code Act, Cap C38 Laws of the Federation of Nigeria, 2000”.
In count three, FG alleged that Kanu had “on or about the 28th
April, 2015 in London, United Kingdom did in a broadcast on Radio
Biafra monitored in Enugu, Enugu state and other parts of Nigeria
within the jurisdiction of this honourable court, referred to Major
General Muhammadu Buhari, GCON, President and Commander in Chief of
the Armed Forces of the Federal Republic of Nigeria as a
paedophile, a terrorist, an idiot and an embodiment of evil,
knowing same to be false and you thereby committed an offence
contrary to section 375 of the Criminal Code Act, Cap C. 38 Laws of
the Federation of Nigeria, 2004”.
Meanwhile, Kanu, who will be facing four out of the five amended
charges, has declared his determination to get the charges quashed
for being “grossly incompetent” and for “want of diligent
prosecution”.
The IPOB leader, through his team of lawyers led by Mr. Ifeanyi
Ejiofor, accused FG of violating an express order of the trial
court that forbade any of the parties from filing any form of
interlocutory application pending the commencement of full-blown
trial of the defendants.
Ejiofor accused FG of deliberately stalling the case while
fishing for evidence against the defendants.
According to him, rather than to open its case on June 22, FG,
served an amended five-count charge on the defendants, “in clear
breach and violation of an order the court made on April 25, 2017,
wherein his Lordship warned, that the court will not entertain
further interlocutory application or process capable of delaying
the trial”.
He alleged that FG joined the 5th defendant, Chimezie, in the
case after a Federal High Court in Uyo, Akwa Ibom State had on May
24, not only ordered his immediate release from custody of the
Department of State Service , DSS, but equally directed that he
should be paid N5million as damages having been illegally detained
for period that exceeded the constitutional provision.
Besides, the IPOB leader has filed a motion asking trial Justice
Nyako to vary some of his bail conditions which he maintained were
arbitrary and unconstitutional.
Justice Nyako had in a ruling on April 25 released Kanu on bail
after he had spent a year and seven months in detention, though the
court okayed his co-defendants to remain in prison custody.
The court which stressed that it released Kanu on health ground,
however compelled him to produce three sureties, including “a
Jewish leader” and a “highly placed person of Igbo extraction”, who
all deposited N100million each.
He was formally released to Senator Enyinnaya Abaribe, a Jewish
High Chief Priest, Immanuu-El Shalom and a Chartered Accountant
residing in Abuja, Mr. Tochukwu Uchendu, on April 28.
As part of his conditions for bail, Kanu was expressly barred by
the court from attending any rally or granting any form of
interview.
“I must stress it here that the defendant must not attend any
rally. He must not be in a crowd exceeding 10 persons”, the Judge
warned.
Justice Nyako held that Kanu who was arrested by security
operatives upon his arrival to Nigeria from the United Kingdom on
October 14, 2015, must sign an undertaken to make himself available
for trial at all times.
He was further ordered to surrender his Nigerian and British
international passports, even as the court compelled FG to return
to him, his wedding ring and reading glasses.
In his motion for variation of the bail conditions, Kanu
contended that some of the conditions were directly in conflict
with his constitutionally guaranteed fundamental human rights and
therefore ought to be set-aside.
However, the motion which the court ought to hear on the next
adjourned date may be overtaken by events, as a member of the
prosecution team hinted to Vanguard that FG was weighing the option
of applying for Kanu’s bail to be revoked immediately he enters his
plea to the amended charge on October 17.
Meanwhile, a group of lawyers under the aegis of Anambra State
Lawyers in Defence of Democracy, ASLADD, have petitioned the
Attorney General of the Federation and Minister of Justice, Mr.
Abubakar Malami, SAN, asking him to commence a “high-powered
clinical investigation into activities of the IPOB”.
The petitioners, while condemning IPOB’s position that
governorship election will not hold in Anambra state on November 18
as scheduled, urged the AGF “to deploy all the instruments and
powers of the Nigerian State” available to him, to tackle the
IPOB.
The petition read in part: “The IPOB have taken a position that
they would “boycott” the forthcoming Anambra 2017 elections. We do
not have any problem with them on this position. However, our
challenge with IPOB is their seeming inability to appreciate the
meaning of the word “boycott” as it relates to Anambra election. We
are worried that their mode of propagating their “No referendum, no
election” mantra suggests that the word “boycott” has another
meaning assigned to it in their own dictionary which is
“disruption” of all legitimate activities of government and
electioneering activities calculated at striking terror in the
minds of the citizens who have made up their mind to discharge
their civic duty on the 18th day of November, 2017.
“Sir, the Nnamdi Kanu led IPOB are always quick to raise the
green banner of “non-violence” and take refuge under its canopied
ambience whereas their official dissemination channel, Radio
Biafra, is a flowing river of hate-speeches, incitement to violence
and war.
“Hate speech leads to war and war leads to deaths and,
therefore, IPOB preaches violence. In the South-East [especially in
Onitsha which is our commercial nerve centre], the IPOB miscreants
extort money from traders after intimidating them. IPOB hoodlums
illegally mount roadblocks to force other citizens to buy their
Biafra flags and insignia not minding whether such citizens
subscribe to their separatist ideology or whether such citizens
have the money to pay for the said flags. They harass citizens and
threaten them with violence.
“They intimidate them to close their shops. IPOB street urchins
have on two remarkable occasions disrupted campaigns rallies and
have most infamously invaded and desecrated St. Joseph’s Catholic
Church, Ekwulobia in Aguata Local Government Area of Anambra State
where the Governor was to worship [with their chants of no
referendum, no election]. Indeed, they have a rich history of
mischief.
“This is potentially dangerous. IPOB is exposing the Igbo to
another war and this is unacceptable.
“As the Chief Law Officer of the country and the number one
defender of our constitution and rule of law, you will agree with
us that all these acts complained of [in their aggregate] rudely
strike at the root of democracy and constitute a grave threat to
the operation of the Nigerian Constitution in the Eastern part of
Nigeria especially in Anambra State in view of the governorship
election holding later in November. This has now crystallised to a
weighty responsibility on your shoulders more so when these acts
complained of mostly draw their inspiration from the activities of
Nnamdi Kanu who has literally rumpled all the conditions to which
his bail was tied and is now revelling in contempt of the Federal
High Court with unprecedented and scandalous impunity.
“Speaking from the Bar, we are convinced that the security
reports [on IPOB activities] from the security agencies in Anambra
State [Onitsha in particular] cannot contradict these complaints we
have tabled before you unless the commanders have not been alive to
their responsibilities”.
ASLADD equally copied their petition dated August 14 to the
United Nations Mission in Nigeria, Ambassador of the United States
to Nigeria, The British High Commissioner to Nigeria, The European
Union Mission to Nigeria, National Human Rights Commission, The
Inspector-General of Police, The Defence Headquarters, The
Director-General, State Security Service, The Senate of the Federal
Republic of Nigeria, The Federal House of Representatives,
South-East Governors Forum and Anambra Council of Traditional
Rulers.
* ….as Anambra lawyers drag IPOB to AGF over election boycott
order
Leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi
Kanu, has queried the competence of amended five-count treasonable
charge the Federal Government lodged against him and four other
pro-Biafra agitators-Chidiebere Onwudiwe, Benjamin Madubugwu, David
Nwawuisi and Bright Chimezie- before the Federal High Court in
Abuja.
Kanu and his co-defendants are expected to enter their fresh
plea to the amended charge marked FHC/ABJ/CR/383/2015, before trial
Justice Binta Nyako, on October 17.
Whereas the original charge had only four defendants, with Kanu
as the 1st accused person, FG, through the Department of Public
Prosecutions, Federal Ministry of Justice, amended the case to
include Chimezie who was alleged to have between the months of
March and April, 2015, imported into Nigeria, a Radio transmitter
known as TRAM 50L.
FG alleged that the transmitter was concealed in a container
that was declared as used household items, contrary to section
47(2) (a) of the Criminal Code Act, Cap C45, Laws of the Federation
of Nigeria, 2004.
Aside the inclusion of the 5th defendant in the case,
particulars of allegations FG levelled against Kanu and the three
other pro-Biafra agitators remained unchanged.
Specifically, FG alleged in count-one of the amended charge,
that Kanu and his co-defendants, as well as other persons currently
at large, “on diverse dates in 2014 and 2015 in Nigeria and London,
United Kingdom, did conspire amongst yourselves to broadcast on
Radio Biafra monitored in Enugu and other areas within the
jurisdiction of this honourable court, preparations being made by
you and others at large, for states in the South-East and
South-South zones and other communities in Kogi and Benue States to
secede from the Federal Republic of Nigeria with a view to
constituting same into a Republic of Biafra and you thereby
committed an offence punishable under section 516 of the Criminal
Code Act, Cap C38 Laws of the Federation of Nigeria, 2000”.
In count three, FG alleged that Kanu had “on or about the 28th
April, 2015 in London, United Kingdom did in a broadcast on Radio
Biafra monitored in Enugu, Enugu state and other parts of Nigeria
within the jurisdiction of this honourable court, referred to Major
General Muhammadu Buhari, GCON, President and Commander in Chief of
the Armed Forces of the Federal Republic of Nigeria as a
paedophile, a terrorist, an idiot and an embodiment of evil,
knowing same to be false and you thereby committed an offence
contrary to section 375 of the Criminal Code Act, Cap C. 38 Laws of
the Federation of Nigeria, 2004”.
Meanwhile, Kanu, who will be facing four out of the five amended
charges, has declared his determination to get the charges quashed
for being “grossly incompetent” and for “want of diligent
prosecution”.
The IPOB leader, through his team of lawyers led by Mr. Ifeanyi
Ejiofor, accused FG of violating an express order of the trial
court that forbade any of the parties from filing any form of
interlocutory application pending the commencement of full-blown
trial of the defendants.
Ejiofor accused FG of deliberately stalling the case while
fishing for evidence against the defendants.
According to him, rather than to open its case on June 22, FG,
served an amended five-count charge on the defendants, “in clear
breach and violation of an order the court made on April 25, 2017,
wherein his Lordship warned, that the court will not entertain
further interlocutory application or process capable of delaying
the trial”.
He alleged that FG joined the 5th defendant, Chimezie, in the
case after a Federal High Court in Uyo, Akwa Ibom State had on May
24, not only ordered his immediate release from custody of the
Department of State Service , DSS, but equally directed that he
should be paid N5million as damages having been illegally detained
for period that exceeded the constitutional provision.
Besides, the IPOB leader has filed a motion asking trial Justice
Nyako to vary some of his bail conditions which he maintained were
arbitrary and unconstitutional.
Justice Nyako had in a ruling on April 25 released Kanu on bail
after he had spent a year and seven months in detention, though the
court okayed his co-defendants to remain in prison custody.
The court which stressed that it released Kanu on health ground,
however compelled him to produce three sureties, including “a
Jewish leader” and a “highly placed person of Igbo extraction”, who
all deposited N100million each.
He was formally released to Senator Enyinnaya Abaribe, a Jewish
High Chief Priest, Immanuu-El Shalom and a Chartered Accountant
residing in Abuja, Mr. Tochukwu Uchendu, on April 28.
As part of his conditions for bail, Kanu was expressly barred by
the court from attending any rally or granting any form of
interview.
“I must stress it here that the defendant must not attend any
rally. He must not be in a crowd exceeding 10 persons”, the Judge
warned.
Justice Nyako held that Kanu who was arrested by security
operatives upon his arrival to Nigeria from the United Kingdom on
October 14, 2015, must sign an undertaken to make himself available
for trial at all times.
He was further ordered to surrender his Nigerian and British
international passports, even as the court compelled FG to return
to him, his wedding ring and reading glasses.
In his motion for variation of the bail conditions, Kanu
contended that some of the conditions were directly in conflict
with his constitutionally guaranteed fundamental human rights and
therefore ought to be set-aside.
However, the motion which the court ought to hear on the next
adjourned date may be overtaken by events, as a member of the
prosecution team hinted to Vanguard that FG was weighing the option
of applying for Kanu’s bail to be revoked immediately he enters his
plea to the amended charge on October 17.
Meanwhile, a group of lawyers under the aegis of Anambra State
Lawyers in Defence of Democracy, ASLADD, have petitioned the
Attorney General of the Federation and Minister of Justice, Mr.
Abubakar Malami, SAN, asking him to commence a “high-powered
clinical investigation into activities of the IPOB”.
The petitioners, while condemning IPOB’s position that
governorship election will not hold in Anambra state on November 18
as scheduled, urged the AGF “to deploy all the instruments and
powers of the Nigerian State” available to him, to tackle the
IPOB.
The petition read in part: “The IPOB have taken a position that
they would “boycott” the forthcoming Anambra 2017 elections. We do
not have any problem with them on this position. However, our
challenge with IPOB is their seeming inability to appreciate the
meaning of the word “boycott” as it relates to Anambra election. We
are worried that their mode of propagating their “No referendum, no
election” mantra suggests that the word “boycott” has another
meaning assigned to it in their own dictionary which is
“disruption” of all legitimate activities of government and
electioneering activities calculated at striking terror in the
minds of the citizens who have made up their mind to discharge
their civic duty on the 18th day of November, 2017.
“Sir, the Nnamdi Kanu led IPOB are always quick to raise the
green banner of “non-violence” and take refuge under its canopied
ambience whereas their official dissemination channel, Radio
Biafra, is a flowing river of hate-speeches, incitement to violence
and war.
“Hate speech leads to war and war leads to deaths and,
therefore, IPOB preaches violence. In the South-East [especially in
Onitsha which is our commercial nerve centre], the IPOB miscreants
extort money from traders after intimidating them. IPOB hoodlums
illegally mount roadblocks to force other citizens to buy their
Biafra flags and insignia not minding whether such citizens
subscribe to their separatist ideology or whether such citizens
have the money to pay for the said flags. They harass citizens and
threaten them with violence.
“They intimidate them to close their shops. IPOB street urchins
have on two remarkable occasions disrupted campaigns rallies and
have most infamously invaded and desecrated St. Joseph’s Catholic
Church, Ekwulobia in Aguata Local Government Area of Anambra State
where the Governor was to worship [with their chants of no
referendum, no election]. Indeed, they have a rich history of
mischief.
“This is potentially dangerous. IPOB is exposing the Igbo to
another war and this is unacceptable.
“As the Chief Law Officer of the country and the number one
defender of our constitution and rule of law, you will agree with
us that all these acts complained of [in their aggregate] rudely
strike at the root of democracy and constitute a grave threat to
the operation of the Nigerian Constitution in the Eastern part of
Nigeria especially in Anambra State in view of the governorship
election holding later in November. This has now crystallised to a
weighty responsibility on your shoulders more so when these acts
complained of mostly draw their inspiration from the activities of
Nnamdi Kanu who has literally rumpled all the conditions to which
his bail was tied and is now revelling in contempt of the Federal
High Court with unprecedented and scandalous impunity.
“Speaking from the Bar, we are convinced that the security
reports [on IPOB activities] from the security agencies in Anambra
State [Onitsha in particular] cannot contradict these complaints we
have tabled before you unless the commanders have not been alive to
their responsibilities”.
ASLADD equally copied their petition dated August 14 to the
United Nations Mission in Nigeria, Ambassador of the United States
to Nigeria, The British High Commissioner to Nigeria, The European
Union Mission to Nigeria, National Human Rights Commission, The
Inspector-General of Police, The Defence Headquarters, The
Director-General, State Security Service, The Senate of the Federal
Republic of Nigeria, The Federal House of Representatives,
South-East Governors Forum and Anambra Council of Traditional
Rulers.
Read more https://www.nairalaw.com/kanu-moves-to-quash-fresh-charges-against-him-4-others/