Biafra: Kanu, others know fate December 1

Justice Binta Murtala-Nyako, of the Abuja Division of the Federal High Court will, on December 1, 2016 deliver ruling on bail applications filed by leader of the Indigenous

People of Biafra (IPOB), Nnamdi Kanu and three others standing trial for various offences including treasonable felony and an act preparatory to act of terrorism.

The Federal government had, on November 8, 2016 re-arraigned Kanu, along with the National Coordinator of IPOB member, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuis.

Specifically, the defendants are facing an 11-count charge bordering on treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods.

The defendants, in all the 11 counts, allegedly broadcast on Radio Biafra and agitated for secession from Nigeria, states in the South-East and South-South zones and other communities in Kogi and Benue states to constitute a Republic of Biafra.

But, in the case of Onwudiwe, he was accused in one of the counts of an act preparatory to an act of terrorism.

After their plea was taken on November 8, Justice Nyako fixed yesterday for the hearing of the bail applications.

When the matter came up, yesterday, the defence counsel, Ifeanyi Ejiofor (for Kanu); Mr. I. Adoga (for Onwudiwe); Mr. E. I Efeme (for Madubugwu) and Mr. Maxwell Okpara (for Nwaiwusi), separately moved and argued their bail applications in urging the court to admit their clients to bail.

In the case of Kanu, his bail application was supported by a 26-paragraph affidavit and 35 exhibits, which included the charge filed against Kanu at the magistrate court, the ruling of the court granting him bail, the ruling of Justice Adeniyi Ademola of the Federal High Court in Abuja, which ordered Kanu’s unconditional release. Counsel to the second defendant, I. Adoga, informed the court that his client was still in custody of the DSS, instead of prison custody as ordered by the court.

Other documents attached to Kanu’s bail application include a newspaper publication of a statement by President Muhammadu Buhari that the first defendant (Kanu) will not be granted bail by any court and a certified true copy of certificate of incorporation of the Radio Biafra.

His counsel, Ejiafor informed the court that the first defendant has initiated a contempt proceedings against the Department of State Services (DSS) for refusing to obey an order of the court made last year, granting him bail.

Counsel to the other defendants variously prayed the court to admit their clients to bail on liberal conditions.

Although the prosecution counsel, Mr. Shuaibu Labaran vehemently opposed to the granting of the applications, the defence counsel urged the judge to dismiss the counter-affidavit filed in opposition to their clients’ applications.

For instance, Labaran, in a counter affidavit to the various bail applications, asked the court to refuse the applications and order an accelerated hearing in the matter.

According to him, the defendants are threat to national security, adding that the firearm licence, which the third defendant claimed he has, was not issued by the appropriate authority.

Labaran also drew the court’s attention to the application filed by the prosecution seeking witness protection in the matter, which he said has been served on all the parties in the matter.

But the defence counsel contended that the claim by the prosecution that their clients would constitute a threat to national security if released on bail pending the conclusion of their trial was false.

Efeme said, “The prosecution has the duties to give the particulars of how the defendants would constitute national security.

“These documents (provided by the prosecution) do not show such.

In the amended charges dated November 7, 2016 and filed by the Director of Public Prosecution (DPP), Mohammed Umar, the Federal Government added five fresh charges to the earlier six the defendants were initially charged with.

Also included in the charge for the first time is one David Nwawusi. The other two, Onwudiwe Chidiebere and Benjamin Madubugwu had been charged along with Kanu in the earlier six-count charge.

All the defendants pleaded not guilty to the charges when read to them, after which the application for their bail was moved, the trial Judge then slated yesterday to hear arguments on the bail application of the defendants.

Kanu, alongside Onwudiwe Chidiebere and Benjamin Madubugwu were first judge arraigned before Justice Shuiabu Usman of a Magistrate Court in Wuse Zone 2, Abuja.

Justice Usman dismissed the case following a motion by the prosecutor, the Department of State Services (DSS) that the court lacks jurisdiction to entertain the matter.

At the Federal High Court, Abuja where the defendants were arraigned, Justices Ahmed Ramat Mohammed, Adeniyi Ademola, who was first assigned the case, withdrew from the matter, following allegation of bias by the defendants and that they would not get fair hearing from the court.

Also, a brother Judge, Justice John Tsoho, towed a similar part after a petition, alleging bias was lodged against him before the National Judicial Council (NJC).

The case file was then returned to the Chief Judge of the Federal High Court, Justice Ibrahim Auta before it was re-assigned to Nyako, who will decide whether or not to grant the defendants bail on December 1.

Count one of the charge reads: “That you, Namdi Kanu, ‘M’, Onwudiwe Chidiebere ‘M’, Benjamin Madubugwu ‘M’, David Nwawusi ‘M’ and others now at large on diverse dates in 2014 and 2015 in Nigeria and London, United Kingdom, did conspire amongst yourselves to broadcast on Radio Biafra monitored in Enugu and other areas within the jurisdiction of this Honourable Court, preparations being made by you and others at large, or 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 a Republic of Biafra and you thereby committed an offence punishable under section 516 of the Criminal Code Act, CAP.C38 Laws of the Federation of Nigeria, 2000”.

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