Kanu’s trial resumes in Abuja, Thursday under DSS amended charges

[By VICTOR NZE]

Court trial of Nnamdi Kanu, leader of the pro-secessionist group, the Indigenous People of Biafra (IPOB), resumes Thursday, October 21, in Abuja with the Federal government and the Department of State (DSS) as prosecutors.

Kanu is standing trial before the Justice Binta Nyako of the Federal High Court sitting in Abuja, amid fears that the DSS may not produce him again in court for the resumed for a second time.

However, Kanu’s lead counsel, Barrister Ifeanyi Ejiofor, confirmed the presence of his client in court for the resumed Thursday, October 21 hearing.

The DSS, this time around brought Kanu for his trial, unlike the first resumed sitting pf the federal High Court in Abuja, when the security outfit failed to produce the IPOB ;leader for his trial before the Justice Binta Nyako court.

He was brought into the courtroom amid heavy security with journalists denied access to film or take pictures of him.

Kanu was brought into the court premises under a heavy security convoy at exactly 8:00 am.

It would recalled that at a resumed hearing over charges brought against Kanu on Monday, July 26, the DSS had failed to provide the defendant in court for his trial.

The development prompted presiding judge, Justice Binta Nyako to adjourn hearing in the trial to Thursday, October 21 with a warning to the DSS to be conscious of court dates.

The visibly worried Justice Nyako who berated the DSS for failing to produce the defendant in court, said she had been waiting in her chambers for the highly-anticipated trial to commence.

Overruling counsel to the prosecutor’s request for the defendant to be tried in absentia, Justice Nyako insisted that Kanu must be physically brought to court for trial to continue.

The judge, however, while adjourning till October 21, also ruled that Kanu should remain in the custody of the DSS until the new date for hearing.

Kanu’s lawyers had earlier appealed to Justice Nyako to transfer their client to the Kuje Correctional Centre, instead of the DSS custody in Abuja.

Former Anambra State governor, Chief Chukwuemeka Ezeife had led a delegation of the apex Igbo socio-cultural organization, Ohanaeze Ndigbo to the resumed hearing in that trial of leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu, in Abuja, Monday.

Ezeife was appointed by Ohanaeze Ndigbo to lead a delegation that will monitor court proceedings in the trial of Kanu in Abuja by the Nigerian government.

Kanu was brought to court by the DSS to resume his trial listed by the Attorney General of the Federation (AGF), and Minister of Justice, Abubakar Malami, SAN, to be for offences bordering on ‘terrorism, treasonable felony, unlawful possession of firearms and management of an unlawful society.’

According to Malami, the United Kingdom-resident Kanu was arrested and extradited on Sunday, June 27, from a yet-to-be-disclosed country ‘following a collaborative effort between security agencies in Nigeria and the International Police (Interpol).’

Justice Binta Nyako had ordered that the IPOB leader be denied another bail and instead be kept in custody until July 26, 2021 for continuation of his trial.

Kanu had earlier jumped the bail application posted by Senator Enyinnaya Abaribe, as he allegedly fled to the United Kingdom to avoid prosecution by the Federal Government.

The defendant was first granted bail in April 2017 for health reasons, however, owing to his absence in court, Justice Nyako, who granted him the application, revoked it and ordered that he should be arrested.

The IPOB leader dismissed the arrest warrant issued against him and vowed to remain abroad to continue agitating for Biafra.

However, operatives of the Department of State Service (DSS), Tuesday, produced the IPOB leader and subsequently arraigned him before the Abuja court. He was produced in court in handcuffs before Justice Nyako of the Federal High Court, Abuja, for court proceedings.

The DSS has controversially amended charges it brought against Kanu, a move which had irked both the IPOB and Ohanaezez Ndigbo groups.

The amended charge sheet brought against Kanu by the DSS, now reads:

Count one:

That you, Nnamdi Kanu, male, adult of Afaraukwu lbeku Umuahia North Local Government Area of Abia State, being the leader of the Indigenous People of Bialra (IPOB) on diverse dates in 2014 and 2015 in London, United Kingdom, did broadcast on Radio Biafra monitored in Enugu and other areas within the jurisdiction of this Honourable Court, preparations made by you and others now 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 the Republic of Biafra and you thereby committed an offence punishable under Section 41(c) of the Criminal Code Act, CAP. C77, Laws of the Federation of Nigeria, 2004.

Count two:

That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area ot Abia State, on or about the 28th April, 2015 in London, United Kingdom did 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, the 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. 77, Laws of the Federation of Nigeria 2004.

Count Three:

That you Nnamdi Kanu, male adult of Afaraukwu lbeku Umahia North Local Government Area of Abia State between the month of March and April 2015 imported into Nigeria and kept in Ubulusiuzor in Ihiala Local Government Area of Anambra state within the jurisdiction of this Honourable Court , a Radio transmitter known as TRAM 50L concealed in a container of used household which you declared as used household items and you thereby committed an offence contrary to Section 47 (2) of the Criminal Code of Act ,Cap C45, Laws of the Federation of Nigeria, 2004.

Count four:

That you Nnamdi Kanu, male, adult. of Afaraukwu iIbeku, Umuahia North Local Government Area of Abia State in London, United Kingdom between 2018 and 2021 Radio Biafra monitored in Enugu, Enugu State and FCT, Abuja within the jurisdiction of this Honourable Court, professed to be a member of Indigenous People of Biafra (IPOB), a proscribed organisation in Nigeria and you thereby committed an offence punishable under Section 16 Terrorism Prevention Amendment Act, 2013.

Count five:

That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on the 22th of April, 2021 in London, United Kingdom on Radio Biafra monitored in Enugu, Enugu State and other parts of Nigeria within the jurisdiction of this Honourable Court did an act of terrorism in that you incite the other members (followers) of the Indigenous People of Biafra (IPOB}, a proscribed organisation in Nigeria, to look for security personnel, their family members through a Radio Biafra on 102.1FM monitored through the IPOB Community Radio and you thereby committed an offence contrary to and punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act.

Count six:

That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia Stale on the 16thh of May, 2021, in London, United Kingdom within the jurisdiction of this Honourable Court did commit an act in furtherance of an act of terrorism by making a broadcast that “In 2 weeks’ time, what will happen will shake the world, people will die, the whole world will stand still, mark my word” and you thereby committed an offence contrary to and punishable under Section 1 (2) (b) of the Terrorism Prevention Amendment Act, 2013.

Count seven:

That you Nnamdi Kanu, male, adult, of Afaraukwu Ibeku, Umuahia North Local Government Area of Abia State on the 31st of May, 2021, in London, United Kingdom within the jurisdiction of this Honourable Court did an act in furtherance of an act of terrorism by issuing a deadly threat that anyone who flouted your sit-at-home order should “write his/her will,” as a result banks, schools, markets, shopping malls, fuel stations were not opened for businesses and vehicular movements grounded and you thereby committed an offence contrary to and punishable under Section 1 (2) (b) of the Terrorism Prevention Amendment Act, 2013.

The IPOB leader was rearrested presumably in Kenya and repatriated to Nigeria in July to continue his trial.