Nnamdi Kanu: Appeal Court Reserves Judgement, Date To Be Communicated To Parties
Today’s trial with Appeal No: CA/ABJ/CR/ 625/2022; is challenging the remaining seven-count against Kanu. This to determine whether the court should dismiss the remaining seven charges out of the fifteen charges against Mr. Kanu by the Government.
The Court of Appeal in Abuja has reserved Judgment in the appeal filed by the leader of outlawed Indigenous Peoples of Biafra (IPOB) Nnamdi Kanu challenging the seven charges against him by the Federal Government.
Kanu had filed the appeal through his lawyer Mike Ozekhome. He is facing charges bordering on terrorism and treasonable felony.
On April 8, Justice Binta Nyako of the Federal High Court in Abuja, ruling on Kanu’s application struck out Counts 6, 7, 9, 10, 11, 12, 13 and 14 on the premise that the prosecution did not prove any offence by the defendant.
The prosecution alleged that Mr Kanu, of Afara Ukwu, Umuahia North Local Government Area of Abia State, as a member of and leader of proscribed IPOB sometimes in September 2021, committed an act of terrorism against Nigeria and its people by allegedly making a broadcast received and heard in Nigeria with intent to intimidate the population, threatened that the people would die and that the whole world would standstill. The offence is said to be punishable under section 1(2)(b) of the Terrorism Prevention Amendment Act 2015.
The prosecution also alleged that “on diverse dates” between 2018 and 2021 within the jurisdiction of this court, Mr Kanu professed himself to be a member and leader of IPOB, a proscribed organisation in Nigeria.
M Kanu also, allegedly, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria inciting members of the public in Nigeria in furtherance of an act of terrorism against Nigeria and its people to hunt and kill Nigerian security personnel.
Mr Kanu, also on diverse dates between 2018 and 2021, allegedly broadcasted furtherance of an act of terrorism against Nigeria and its people, received and heard in Nigeria in furtherance of an act of terrorism, inciting members of the public in Nigeria a to hunt and kill families of Nigeria security personnel.
Mr Kanu also allegedly between 2018 and 2021 made a broadcast received and heard in Nigeria with intent to incite violence, in furtherance of an act of terrorism against Nigeria and its people, directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government.
The prosecution also alleged that on diverse dates between March and April 2015 Mr Kanu was illegally imported into Nigeria and kept in Ubulisluzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L concealed in a container of used household items which he declared as used household items.
Grounds on Appeal:
1. “The Learned Trial Judge erred in law when he failed to consider, make finding of facts and accordingly pronounce on issue one raised for the trial Court’s determination, relating to the extraordinary rendition of the Appellant, and thereby occasioned a miscarriage of justice.”
2. The learned trial Judge erred in Law, when he held that “the defendant is being charged under Section 1(2) of the Terrorism Act, which has been reproduced above, any offence alleged to have been committed “within” or “outside” Nigeria can be brought under the Act”, thereby occasioning a miscarriage of justice”.
3. The learned trial Judge erred in law, when he held that although the status of the Indigenous People of Biafra as a proscribed organization is a subject matter before the Court of Appeal, but as long as the appeal has not been determined, the order of Court proscribing is still in force until set aside, and thereby occasioning a miscarriage of justice.
4. The learned trial Judge erred in law when in the exercise of the powers conferred on him by Section 216(4) of the Administration of Criminal Justice Act, 2015, suo motu amended count 15 of the charge, which is founded on an allegation of importation of a radio transmitter in Ubulu -Isiuzor in Ihiala Local Government Area of Anambra State, and proceeded to assume jurisdiction over offences allegedly committed outside its territorial jurisdiction, and thereby occasioned a miscarriage of justice.
5. The learned trial Judge erred in law when he held that trials before the Federal High Court are summary, and consequently ruled that counts 1, 2, 3, 4, 5, 8 and 15 show some semblance of allegation of an offence on which the Court can proceed to trial, and thereby occasioned a miscarriage of justice.
1. AN ORDER OF THIS HONOURABLE COURT ALLOWING THE APPEAL AND SETTING ASIDE IN ITS ENTIRETY, THE RULING/FINAL DECISION OF THE LEARNED TRIAL COURT, RETAINING COUNTS 1, 2, 3, 4, 5, 8 AND 15 OF THE AMENDED CHARGE.