The amended seven counts bordered on terrorism against the detained leader of IPOB.
President Muhammadu Buhari-led Nigerian government has filed seven amended charges bordering on terrorism before Justice Binta Nyako of Federal High Court, Abuja, against the leader of the Indigenous People of Biafra, Nnamdi Kanu.
The court has also fixed Monday for Kanu's lawyers and the Federal Government prosecution team to address the court based on the ongoing case between the IPOB leader and the government.
The amended seven counts bordered on terrorism against the detained leader of IPOB.
The amended charge marked FHC/ABJ/CR/383/2015, was entered before the Federal High Court in Abuja, and contained all earlier sustained allegations against the IPOB leader.
SaharaReporters had reported that Appeal Court Abuja Division had in October 13, discharged Kanu of the 15-count terrorism charges brought against him by the federal government.
The appellate court, in a unanimous decision, faulted the process through which Kanu was brought before the Federal High Court to answer to a 15-count terrorism charge.
Justice Adedotun Adefope-Okijie, who read the judgement of the three-man panel, noted that there was nowhere the federal government showed it complied with the procedures for the extradition of the IPOB.
The court in a unanimous judgement held that such extraordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, treaties, protocols and guidelines that Nigeria is a signatory to, as well as a breach of the Appellant’s fundamental human rights.
The appellate court further held that the government failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition processes.
On that ground, the appellate court held that the government was “ominously silent on the issue”, which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
The appellate court judges held that the Nigerian government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general.”
The three-man judge, therefore, held thus: “The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”.
It accused the government of engaging in “serious abuse of power.”
Meanwhile, federal government has appealed the appellate court before the Supreme Court.
As a result of the amended charges, it is to be argued whether the FG could proceed to re-arraign the IPOB leader on the amended charges despite the October 13 judgement.
However, the FG, in the new amended charges alleged that Kanu had issued a deadly threat via a broadcast, heard and received across the country that anyone who disobeyed his sit-at-home order in the south-eastern states should write his or her will.
It also contended that the resulting effect of the broadcast had caused banks, schools, markets, shopping malls, fuel stations in the eastern states part of the country to shut down their business operations affecting citizens and leading to grounding of vehicular movements.
The Federal Government further alleged that the IPOB leader had between 2018 and 2021, made inciting broadcasts, received and heard in Nigeria, instigating the public to hunt and kill Nigerian security personnel and their family members, thereby committing an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
Furthermore, the FG alleged that Kanu had, between the March and April 2015, imported into Nigeria and kept in Ubulisiuzor in Ihiala Local Government Area of Anambra State, a radio transmitter known as Tram 50L, concealed in a container of used household items, thereby, committing an offence contrary to section 47 (2) (a) of Criminal Code Act Cap, C45 Laws of the Federation of Nigeria 2004, adding that he also directed members of IPOB “to manufacture bombs.”
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