FCT, Abuja – On Friday, April 8, a Federal High Court in Abuja struck out eight out of the 15-count charge filed against Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), by the federal government.
Ruling on Kanu’s application, Justice Binta Nyako struck out counts 6,7, 8, 9, 10, 11, 12 and 14.
The judge explained that the charges struck out did not disclose any offence against the IPOB leader.
Justice Nyako said the IPOB leader is to stand trial on counts 1,2,3,4,5,8 and 15.
Speaking to TIME AFRICA outside the court, the lead defense counsel, Chief Mike Ozekhome, SAN a renowned constitutional lawyer, human rights activist, pro-democracy campaigner and Officer of the Federal Republic (OFR), said he is hopeful that Nnamdi Kanu will be granted bail, stressing that since eight (8) of the 15 count charge were quashed and dismissed, the remaining seven (7) counts will not stand; “they will not hold water because we cannot build something upon nothing and expect it to stay.”
![](https://i0.wp.com/timeafricamagazine.com/wp-content/uploads/2022/04/mike3.jpg?resize=1280%2C719&ssl=1)
Here is transcription of interview with Ozekhome:
“So today eight of the 15 count charge were quashed and dismissed leaving seven counts that are on wobbling legs, counts that wobbles; counts that are grumbling, counts that fumbles. They will not stand; they will not hold water because we cannot build something upon nothing and expect it to stay. It is not possible. If eight counts went, the remaining seven; as a necessary coronary will go. It follows as the night the day; the rainy season the dry season.
“But we will look at those seven counts whether they even hold any water at all in law.
“We would be able to refer to the case of FRN vs Saraki where some counts were quashed by the Code of Conduct Tribunal and left some and then the Court of Appeal decided to quash some and left some. And the Supreme Court said, “this is not possible. If you quashed A,B,C,D the other ones that are also related to it by affinity, by cons equinity, they should also be quashed.” That was how Saraki got freed.
“So, we will test these remaining count charges. Let the prosecution get that notice at the Appellate Court. So we then proceeded to move our bail application that the Defendant Mazi Nnamdi Kanu deserves to be granted bail.
“The case of the prosecution has always been and this is share falsehood that Nnamdi Kanu jumped bail and that was why he was forcibly rendition back to Nigeria.
“The rendition which the court did not agree with us today which we shall test that is contrary to provisions of the African Charter on Human and peoples’ rights; contrary to the universal declaration of Human Rights of 1948; contrary to the International Covenant to Social and Political Rights; contrary to the instrument dealing with the Indigenous Peoples Rights.
“When you have a treaty with a country such as Nigeria with Kenya and a person voluntarily entered Kenya and you renditioned him forcefully through torture, inhuman and degrading treatment back to Nigeria on the 27th of June 2021, all the cases based on my research across the world show that such a person cannot be tried; cannot be tried at all.
“Nnamdi Kanu was enjoying his bail, he was within Nigeria. He never left for abroad. Then on the 14th of September 2017, the Military went in Armoured Trucks as if they were going to war in Sambisa forest and invaded the home of Nnamdi Kanu and his father, His Royal Majesty Kanu who is now late; invaded him brutally savagely and murdered 28 innocent Nigerians that were there without course and they called it “Operation Python Dance” and other Operations.
“We’ve not seen Operation Python Dance in Sambisa Forest, at Chibok, at Dapchi.
“They murdered 28 innocent Nigerians in cold blood. Somehow, Nnamdi Kanu, like the cat with proverbial nine lives was able to escape.
“Are you saying that a person who was to be killed and ran away from certain death jumped bail? The answer is No!
“It was late Chief MKO Abiola who made that statement. He said: ‘You see they said I should have waited. Abacha was asking me why you ran abroad. Why did you fly abroad? I’m telling you now, Tony Anenih I was already in the air before I knew that my passport was not with me. A bird does not tell another bird that a stone is coming. It simply flies away. No man stands in front of a moving train and expects to live, you will be crushed’.
So, you are saying that Nnamdi Kanu, after escaping barely with his life should wait in Nigeria? If he had been killed, he won’t be standing trial. So, he did not jump bail, rather they forced him into exile.
“And he went as a citizen of Britain to Kenya where he was forcefully and forcibly tortured with inhuman and degrading treatment rendition back to Nigeria.
“So, this is a case deserving of bail and we implored My Lord to grant him bail even if she wants to subject it to certain conditions.
“Let me tell you, even under the administration of Criminal Justice Act bail is allowed. It’s discretionary. It’s allowed even in capital offences like murder, like treason. And mind you, Nnamdi Kanu is not standing trial for treason. No! He is standing trial for offences relating to treasonable felony but not treason itself.
“For example, there is a difference between a person standing trial for murder and standing trial for manslaughter. They are different. One carries capital punishment. Nnamdi Kanu is not standing trial for any capital punishment but the Administration of Criminal Justice Act still says ‘even in capital offences an accused person can be granted bail, subject to the discretion of the Court’.
“And do you know why this has become more necessary; Section 36 of the Constitution has given every Nigerian the Right to Fair Hearing. And Fair Hearing like I told the Court also means a fair trial. A fair trial includes all the circumstances surrounding a case. That is Section 36; because our Criminal Justice system is the Anglo-Saxon based Criminal Justice System. It is accusatorial, it is not inquisitorial. What does this mean? It means that it is the innocence of a person and not his guilt that is presumed. It is different from the French model which is inquisitorial wherein your guilt is presumed and you are told to prove your innocence. We’re not operating that. And that is why Section 36 of the Constitution puts it there clearly that you have to prove the offence against a person. And the Evidence Act goes to say you must prove it beyond reasonable doubt. Any doubt, no matter how small, even if it’s like that little straw that broke the camel’s back would be resolved in favour of the accused person.
“Nnamdi Kanu therefore, is entitled to bail subject to the Court’s discretion and imposition of certain condition because we have shown that he did not jump bail, he almost got killed that was why he ran away.
“So we believe that this is a proper case for the Court to grant bail so that Nnamdi Kanu will be alive to stand trial. That is why in Law we say ‘come and stand trial’. Come and stand trial means you have to be well hale and hearty to stand trial. It didn’t say ‘come and sit down trial’ or ‘come and lie down trial’ or ‘come and prostrate trial’ or ‘come and be in the grave trial’ or ‘come and be in the hospital trial’. It says ‘come and stand trial’.
“And can we say there is a fair trial when in our bail application Nnamdi Kanu is complaining of solitary confinement that is not allowed. He’s only brought out once in a week to receive Vitamin D, the sun. And even when he comes out, other detainees merely greeting him, such detainees are subjected to harrowing experiences. They themselves are moved to solitary confinement as punishment for exchanging greetings with Nnamdi Kanu.
“He says that he is not allowed to practice his Jewish religion. He says his health is deteriorating fast. His potassium and sugar levels, blood pressure, his heart issue. He says he needs his private doctor to give a second opinion but they are not allowing it. We the lawyers are not being allowed.
“The Judge was again forced today to make another order Ex abundanti cautela, for the avoidance of doubt again today that the clothes they have brought here he should now take them with him to DSS Headquarters. Do you know why? Because 19 times between February 21, 2022 and this week the lawyers and family members have taken these clothes to him and DSS refused.
“I personally led the lawyers on three occasions. Can you say that’s a fair trial? If I carry a broken file you must drop the file. My wristwatch, only my ring they allowed to stay. All my biro, my reading glass even my handkerchief was taken. Can you say that’s a fair trial?
“Where a lawyer cannot confer freely with his client and of course, the little space (one room) given to us to confer, you don’t need to be told, it is all bugged. Is that a fair trial? So, when I’m discussing strategy on a case with my client, then, my opponent the prosecutor- the State with all his Federal power level apparatus should be listening to my conversation. When I leave, you put it on and say look at these idiots, look at what they were saying. Is that a fair trial? When you ear drop on me?
“What kind of Criminal Justice System are we operating? That the person who unlawfully abducted a person the accused back from Kenya on the 27th of June 2021 under torture inhuman and degrading treatment, that the same person is the one that investigated the same state. That the same state, Federal Republic of Nigeria is the one that is prosecuting him. That the same state, Federal Republic of Nigeria, is the one getting the witnesses that will testify against him. That the same state, Federal republic of Nigeria is the one that is also having custody of this same person. Where is the justice of the matter? Where is the fair trial? Where is the level playing ground? I have had some clients who were standing trial, I begged some Courts like this to grant them bail. I don’t want to mention one of them. He was still undergoing trial and he dropped dead. The next time the case came up, I made sure I was in court and I asked the prosecution (I don’t want to also mention the name), I said we are here now, where is the subject matter of trial? He said he’s dead. I then asked, what’s the effect of that? He said that means the case has terminated. I said, why don’t you try his corpse from the grave? Try his corpse from the grave. Of course that was the end of that matter. That my client was not allowed to be able to show that he was innocent because the prosecution couldn’t prove the matter under a name and shame government.
“Name them and shame them, just accuse them of crimes even when we can’t prove it. That’s what we call media trial; Outrageous! Then you carry those accusations and allegations into the grave with you. That is not fair. These people have families, they have friends they have associates they have community people. That is not fair. That was why I implore the Court to grant us bail.
“And by the grace of God we had a wonderful outing; God is on the throne and will forever be on the throne,” he concluded.
Here are details of the eight charges against Kanu that were struck out by the court.
Count six “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you incite members of the Public in Nigeria to attack Officers of the Nigerian Police Force and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count seven “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you incite members of the Public in Nigeria to kill Officers of the Nigerian Police Force and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count eight “That you Nnamdi Kanu. Male. Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you directed members of the Indigenous People of Biafra IPOB, Aproscribed organization to manufacture Bombs and you thereby committed an offence punishable under section 1 (2) (f) of the terrorism (Prevention) (Amendment) Act 2013.”
Count nine “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku. Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria, with intent to destabilize the Eundamental Political and economic structures of Nigeria, you Incite members of the Public to stop the Anambra State Elections and you thereby committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count 10 “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria, with intent to destabilize the Fundamental Political and economic structures of Nigeria, you Incite members of the Public to destroy Public facilities and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
Count 11 “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to intimidate the population of Nigeria. In furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria threatened members of the Public not to come out on Monday the 31″ day of May 2021 and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count 12 “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to incite members of the Public to stage a violent revolution in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria and that you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Count 14 “That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria olence you directed members of the Public to destroy Public Transport system in Lagos, resulting in major economic loss to the Government and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.”
Discussion about this post