Kanu’s trial resumes in Abuja, Umuahia, Wednesday

Trial of leader of the pro-secession group, the Indigenous People of Biafra (IPOB) takes center stage at the High Court of the Federal Capital Territory (FCT) sitting in Abuja,  and also at the Abia State High Court in Umuahia, Wednesday.

At the Federal High Court in Abuja, Kanu, as defendant, is facing a newly-amended 15-count charge bordering on terrorism, treason and possession brought against him by the Federal Government, while at the Umuahia Court, the activist is the plaintiff as he seeks a N500 million claims from the Federal Government for abuse of his human rights following an illegal extradition back to the country, last year.

The Abuja proceedings was adjourned on Tuesday till Wednesday as legal counsel to the defendant (Kanu) objected to the prosecutor’s amended charges filed 24 hours to an already scheduled court hearing fixed to hear pending applications filed by the defendant and bordering on bail and acquittal.

Federal Government has now raised the 7-count charge against the IPOB leader to 15, all bordering on terrorism, treason and arms possession.

The latest amended 15-count charge was filed on last Friday at the Federal High Court of the Federal Capital Territory (FCT) sitting in Abuja.

The amended charge sheet was signed by the Director of Public Prosecution of the Federation, M.B Abubakar, on behalf of the Attorney-General (AGF) and Minister of Justice, Mr Abubakar Malami.

Justice Binta Nyako had at the last court sitting fixed Tuesday, January 18, to hear pending applications, including bail and acquittal filed by Kanu’s legal team.

However, with the latest development, the court may have now be forced to admit the amended charges and again defer hearing on the pending applications.

It would be recalled that Federal Government had filed an amended seven-count charge against Nnamdi Kanu, from the original five, while the Federal High Court issued a hearing notice for Thursday, October 21.

The Notice titled; ‘Federal Republic of Nigeria Versus Nnamdi Kanu,’ with suit number: FHC/ABJ/CR/383/15, was served on Kanu’s lead counsel in his legal team, Barr. Ifeanyi Ejiofor and the prosecuting lawyer, Shuaibu Labaran.

Federal Government had amended the original five charges against him raising them to seven counts which bordered on treasonable felony and terrorism.

Federal Government amended the charges against him raising them to seven as against the initial five counts he was previously answering to, bordering on treasonable felony and terrorism.

Reacting, Tuesday, to the amended charges, newly-appointed Lead Counsel to Kanu, Chief Mike Ozekhome SAN, told the court that the amended charge was served on them, barely 24 hours to the scheduled hearing.

“My lord, the proposed amended charge was served on us yesterday evening. As I speak to you my lord, the Defendant who was just brought in, has not even seen the charge which he is being told to enter his plea.

“With due respect, that is not Justice. It is ambushing. I know that the Administration if Criminal Justice Act, ACJA, allows them to amend, but this is the 6th amendment they are making, and each time they do it, they serve us a day to the hearing, just to frustrate the trial”, Ozekhome added.

On his part, another member of the legal team, Ifeanyi Ejiofor, called the amended charge as a ;joke taken too far.’

Ejiofor who disclosed, Monday evening, ahead of the adjourned Tuesday hearing, alleged that the Attorney General of the Federation (AGF), Abubakar Malami had increased the counts from seven to 15, on the day preceding Kanu’s trial ‘was a calculated move to needlessly prolong proceedings.’

“The meeting also afforded us the opportunity to further brief Onyendu (Kanu) on a completely ridiculous 15-count amended charge filed and served on us today, the 17th day of January 2022 on a matter already fixed for hearing of our preliminary objection on the 18th day of January, 2022. What a joke!

“Today, we were served with a 15-count amended charge filed by the director of public prosecution of the federation in respect of a case already scheduled tomorrow, for the hearing of our preliminary objection challenging the competence of the seven-count amended charge.

“This is indeed a joke taken too far as the Federal Government of Nigeria (FGN) is now scouting for an opportunity to truncate tomorrow’s proceeding, knowing fully well that the smokescreen charge is dead on arrival.

“It is the worst kind of abuse of legal process that we have encountered in the history of legal practice – either in Nigeria or anywhere in the world.

“It is worthy to note that an amended seven-count charge had earlier been filed against Onyendu Mazi Nnamdi Kanu since October 2021, pursuant to which a preliminary objection was raised against this seven-count amended charge.

“The parties have fully filed and exchanged processes and arguments on the objection, and the same has been set down for hearing.

“Brazenly, a day before the hearing date, and without affording the court the opportunity to listen to arguments on the objection, and make a decision on the objection raised one way or the other, the prosecution, in utter bad faith, filed a further amended charge to supersede and supplant the earlier amended charge on which issues have been joined on the objection raised against it,” argued Ejiofor, adding; “This is, indeed, the worst kind of abuse of the court process.”

Meanwhile, in Umuahia, Justice Ben Anya of the Abia State High Court, will, Wednesday, deliver judgment on Kanu’s fundamental human rights suit against the Federal Government.

The suit initiated by Kanu’s Counsel, Aloy Ejimakor, had prayed the court to declare the invasion of the residence of the IPOB leader in Abia State in 2017 as unlawful and an infringement on his constitutional right.

Kanu, in the suit, also urged the court to declare his rearrest and torture in Kenya last year as unlawful.

The suit, which Ejimakor filed in August, further sought the court to stop the Nigerian government from prosecuting Kanu, mandating the Nigerian government to release the IPOB leader, ordering the Nigerian government to tender an apology to Kanu, among others.

Already, parts of the South East region are observing a sit-at-home order originally called by IPOB but relaxed following pressure by stakeholders.

However, unknown and armed groups have on several occasions taken to violence in order to enforce  the order.

Last Tuesday, some youths suspected to be IPOB members had invaded a Catholic Church in Onitsha, Anambra State.