Court Dismisses Six Charges Against Nnamdi Kanu
- Author: Arturo Norris Mar 02, 2017,
Mar 02, 2017, 16:54
The court quashed count 3,5,7,9,10 &11 which bordered on belonging to an unlawful organization, illegal importation of radio transmitter and researching on how to make Improvised Explosive Device (IED).
The ruling was on separate notices of objection filed by Kanu, Onwudiwe and Nwawuisi, challenging the validity of the six counts.
According to the offence, which was number three in the 11-count charge, Kanu managed an unlawful society alongside his co-defendants in 2012, in London, South East and South-South Nigeria, pursuant to his secessionist agenda, with intent to bringing into being, a Republic of Biafra out of the Federal Republic of Nigeria.
The court held that the six counts struck did not call for trial due to lack of evidence in the proof of evidence filed by the prosecution.
The counsel had argued that Biafra is not an unlawful organisation.
"Therefore, those charges can not stand and are consequently struck out", the judge ruled.
"In conclusion, IPOB is demanding that Justice Binta Murtala-Nyako dismisses four out of the five remaining charges because they are based on fraud, false claims, and are in conflict with the relevant sections of CAP-C38 and ACJA-2015".
Justice Nyako said the count failed to disclose which of the acts of installation of the transmitter on the MTN mast site at Ogui Road, near St. Michale Church, Enugu State, and the agreement on the payment of N150,000 was the act that constituted the offence of conspiracy to commit treasonable felony. In addition to dismissing these three counts, we urge Justice Binta Murtala-Nyako to indict, convict, and jail the prosecution for committing a crime punishable under Section-118 of CAP-C38.
The court further quashed the charge alleging that the National Coordinator of IPOB, Onwudiwe Chidiebere, committed an act of terrorism by carrying out research for the goal of identifying and gathering of Improvised Explosive Device (IED) making materials to be used against the Nigerian security operatives carrying out their lawful duties.
The judge sustained charges of count 1, 2, 4, 6 and 8, which all the defendants entered a fresh plea of not guilty. Biafra was reintegrated into Nigeria in 1970.
Also, Prison personnel were armed with guns and sniffer dogs. Kanu has been in detention since October 2015.