Court dismisses terrorism,
five other charges against
Kanu, others
A Federal High Court in Abuja on
Wednesday struck out six out of the 11
charges instituted against the leader of
the Indigenous People of Biafra ,
Nnamdi Kanu , and three other
persons .
The accused persons charged along
with Kanu were the National
Coordinator of IPOB , Mr. Chidiebere
Onwudiwe; an IPOB member,
Benjamin Madubugwu ; and a former
Field Maintenance Engineer on
secondment to the MTN , David
Nwawuisi.
Three of the defendants Kanu ,
Onwudiwe and Nwawuisi, had filed
separate notices of preliminary
objection challenging the validity of
various counts in which their names
were jointly or separately mentioned
as accused persons .
Ruling on the preliminary objection
on Wednesday , Justice Binta Nyako
partly agreed with the applications by
striking out six out of the 11 counts .
The judge said the struck- out charges
did not call for trial due to the failure
of some of them to disclose vital
elements of the alleged offences.
She ruled that the proof of evidence
also failed to disclose any prima facie
case against the defendants with
regard to some of the other counts .
The accused persons were on
November 8 , 2016 re - arraigned before
Justice Binta Nyako on amended 11
counts , comprising terrorism,
treasonable felony , managing an
unlawful society , publication of
defamatory matter , illegal possession
of firearms and improper importation
of goods .
But ruling on the applications by Kanu
and two other accused persons on
Wednesday , Nyako said some of the
counts “ cannot stand .”
She struck out charges contained in
counts 3 , 5 , 7 , 9 , 10 and 11 which
related to the management of unlawful
organisation, intention to manufacture
Improvised Explosive Devices planned
to be used against some Nigerian
security agents and alleged improper
importation of a radio transmitter .
The judge ruled that the allegation in
Count 3 relating to the “ managing of
unlawful society punishable under
section 63 of the Criminal Code Act”
could not be substantiated by the proof
of evidence .
The judge ruled that the proof of
evidence failed to show that IPOB was
indeed an unlawful organisation.
She said the prosecution failed to show
that the organisation had been
proscribed or that it was not registered
either in Nigeria or London in the
United Kingdom.
She also said the alleged , “ improper
importation of goods contrary to
section 47 (1 ) (a ) (i) of the Customs and
Excise Management Act” levelled
against Kanu in Count 5 did not
disclose the elements of the alleged
offence bordering on the importation
of a Radio Transmitter known as
TRAM 50 L .
The judge also ruled that the allegation
in Count 7 accusing Madubugwu of
“ managing an unlawful society
punishable under Section 63 of the
Criminal Code Act ” by accepting and
keeping a container housing the radio
transmitter which he allegedly knew
was to be used for Radio Biafra , also
did not disclose any element of the
alleged crime .
According to the judge, Count 9 , which
accused Onwudiwe and Nwawuisi of
“ conspiracy to commit treasonable
felony contrary to Section 516 of the
Criminal Code Act” also does not
disclose the elements of the alleged
crime .
Justice Nyako held that the count
failed to disclose which of the acts of
installation of the transmitter on the
MTN mast site at Ogui Road , near St .
Michael 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 .
“ The charge has not disclosed what the
offence is . This does not call for any
trial ,” the judge ruled .
She also struck out Count 10 , which
accused Nwawuisi , then a Field
Maintenance Engineer with the NTN in
Enugu State , of “ management of
unlawful society punishable under
section 63 of the Criminal Code Act. ”
The prosecution had accused Nwawuisi
of the offence for allegedly permitting
the installation of Radio Biafra
transmitter on the MTN mast for the
purpose of propagating the objective
of IPOB after being paid the sum of
N150 , 000 by Onwudiwe.
The judge said the count could not
stand because the proof that the IPOB
was an unlawful society was not
provided.
The judge also struck out Count 11 ,
which accused Onwudiwe of
“ knowingly committing an act
preparatory to an act of terrorism” by
allegedly “ carrying out research for
the purpose of identifying and
gathering of improvised explosive
device- making materials to be used
against the Nigerian security
operatives carrying out their lawful
duties .”
The prosecution alleged in the count
that Onwudiwe had by the act,
committed an offence of “ terrorism
contrary to section 2 (1 )(a ) of
Terrorism (Prevention) Amendment
Act 2011 as amended in 2013 .”
But the judge agreed with the defence
that since the offence only had to do
with an intention to commit a
particular act, it was the magistrate
court that had the jurisdiction to
entertain such a charge .
The judge however sustained Counts 1 ,
2 , 4 , 6 and 8 .
Count 1 has to do with “ conspiracy to
commit treasonble felony contrary to
section 516 of the Criminal Code act”
by conspiring among themselves to
broadcast on Radio Biafra “ for states
in the South - East and South - South
geopolitical zones and other
communities in Kogi and Benue states
to secede from the Federal Republic of
Nigeria with a view to constituting
same into Republic of Biafra .”
Count 2 has to do with an allegation of
treasonable felony which Kanu
allegedly committed by broadcasting
in London between 2014 and 2015 for
the secession of Republic of Biafra
from Nigeria .
The court also sustained Count 4 ,
which accused Kanu of “ publication of
defamatory matter contrary to section
375 of the Criminal Code Act” by
referring to the then Maj .Gen.
Muhammadu Buhari (retd . ) and now
President of the Federal Republic of
Nigeria as “ a pedophile, a terrorist, an
idiot and an embodiment of evil” in a
broadcast on Radio Biafra on April 28 ,
2015.
The judge also sustained Count 6 which
accused Kanu of “ improper
importation of goods contrary to
section 47 (2 )(a ) of the Customs and
Excise Management Act” by allegedly
concealing a radio transmitter in a
container of used household items and
declaring the transmitter as part of the
used household items.
Count 8 , which accused Madubugwu of
being in possession of one Emerald
Magnum Pump Action Gun with serial
number TS 870 – 113 – 0046 and one
Delta Magnum Pump Action Gun with
serial number 501 as well as 41
cartridges/ ammunition without lawful
authority or licence , was also
sustained.
Madubugwu was reportedly caught
with the firearms in his house in
Ubulusuzor in Ihiala Local
Government Area of Anambra State in
October 2015 .
With the agreement of the prosecuting
counsel , Mr. Shuaibu Labaran , Kanu ’s
lawyer, Mr. Ifeanyi Ejiofor , and other
defence lawyers , the five surviving
charges were read to the accused
persons after the ruling on
Wednesday .
They all pleaded not guilty to the five
charges.
The defence lawyers also indicated their
intention to file fresh bail applications.
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