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Tag: Nnamdi Kanu

FG Files 7 Amended Terrorism Charges against Nnamdi Kanu
The federal government has filed an amended seven counts of terrorism charges against the detained leader of the outlawed Indigenous People of Biafra (IPOB), Nnamdi Kanu, at the Federal High Court, Abuja.
This is coming after the Court of Appeal discharged Kanu of all the terrorism allegations, as well as appeals on the subject matter still pending before the Supreme Court.
The amended charges marked FHC/ABJ/CR/383/2015, were entered before the Federal High Court in Abuja, and contained all earlier sustained allegations against the IPOB leader.
Justice Binta Nyako of the Federal High Court, Abuja has subsequently fixed next Monday for Kanu’s team of lawyers and the federal government’s prosecution team to address the court on whether the federal government could proceed to re-arraign the IPOB leader on the amended charges despite the October 13 judgment of the Court of Appeal that freed him.
The FG, in the 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 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 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.”
The Court of Appeal Abuja had last month granted the federal government’s application for stay of judgement discharging Kanu of terrorism.
A three-man panel of the appellate court agreed to stay the execution of its own judgement in deference to the appeal at the Supreme Court.
The appellate court had on October 13 discharged Kanu from the alleged terrorism charge over the manner he was brought back into the country to continue his terrorism trial.
The appellate court in the lead judgement delivered by Justice Adedotun Adefope-Okojie had held that the trial court lacked jurisdiction to try Kanu because his extraordinary rendition violated international convention and protocols.
Dissatisfied, the federal government having filed a notice of appeal against the judgement of the Court of Appeal at the apex court, asked the court to stay the execution of the judgement discharging Kanu pending the hearing and determination of the appeal at the apex court.
Federal government’s lawyer, Mr. David Kaswe hinged the request on the security situation in the country and especially in the South-east, adding that Kanu is a flight risk who had once jumped bail and that freeing him before the appeal at the apex court could jeopardise the case.
November 12, 2022
Nnamdi Kanu Asks Supreme Court To Set Aside Appeal Court’s Ruling
Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB) has approached the Supreme Court to appeal the ruling by the Court of Appeal, staying the execution of the court’s judgment discharging him.
In a statement, one of Kanu’s lawyer, Ifeanyi Ejiofor said it became pertinent to approach the apex court after a thorough review of the said ruling by the defence team led by Senior Advocate of Nigeria, Mike Ozekhome.
According to Kanu’s legal team, the said ruling has no foundation in law or facts and should be set aside by the apex court.
The legal team noted that their decision was approved by Nnamdi Kanu.
Ejiofor said the team will follow up on the administrative process to ensure that both appeals are given accelerated hearing in line with the extant fast track rules of the Supreme Court.
More to follow…
November 3, 2022
Kanu To Remain In DSS Custody – Appeal Court
The Court of Appeal on Friday upheld the Federal Government’s application for stay of execution of the October 13 judgment which set Nnamdi Kanu free.
Justice Haruna Tsammani also ordered that the result of the ruling be forwarded to the Supreme Court within seven day for expeditious hearing.
This means Mr Kanu, the self-styled leader of the Indigenous Peoples of Biafra, is expected to remain in the custody of the Department of State Services pending when the Supreme Court hears the case.
The Court of Appeal on October 13 had discharged Kanu who is being prosecuted by the Federal Government at the Federal High Court in Abuja for charges bordering on treasonable felony and terrorism.
A three-man panel of the Court of Appeal said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The court also held charges preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
To stop Kanu’s subsequent release, the Federal Government had applied that the execution of the judgment be suspended pending the resolution of its appeal lodged at the Supreme Court.
Justice Tsanammi on Friday held that the counter affidavit filed against the Federal Government’s application by Kanu’s legal team was misleading.
October 28, 2022
Court Orders FG To Return Kanu Back To Kenya, Pay N500m For Damages
The Federal High Court presided by Justice Evelyn Anyadike has ordered the Federal Government to “restore Nnamdi Kanu to his status quo before 19th June 2021”.
In Wednesday’s ruling on fundamental human rights and extraordinary rendition of the leader of the proscribed Indigenous Peoples of Biafra (IPOB), she also ordered the government to pay N500m as damages to him.
The Court in its further rulings issued an injunction restraining the Attorney General of the Federation Abubakar Malami from prosecuting Kanu consequent upon his extraordinary rendition.
Kanu had in March this year filed a suit through his special counsel Aloy Ejimakor to enforce his fundamental rights stemming from what Ejimakor had termed his “extraordinary rendition” from Kenya in June last year.
In its Judgment, the court dismissed the Federal government’s objections to its jurisdiction and upheld all the reliefs sought by Kanu.
Speaking to the media after the judgment, Ejimakor called on the Federal government to “promptly comply with the judgment, more particularly the part that requires Kanu to be returned to Kenya”.
“We defeated the Federal Government. They said they don’t listen, they have listened today. Court told them that if they know the thing they did in June last year when they went to abduct the man from Kenya, they should return him back to Kenya the same way,” he told BBC Igbo.
“That what they did is bad and illegal, the way they tortured him is illegal. Our prayers to the court are eight, the court granted all. But the one I’m strongly pointing at is for them to take him back to Kenya, that is what the court said. So, I am hoping they will obey. If you offend and the court tells you, you have to accept.
“If you offend the Federal Government, they go to court; why do they go to court? When the court rules against them, they will start dragging foot. If they insist on not obeying the court, then they should dismantle all the courts in the country and we will start exchanging blows.”
Below are the reliefs sought by Kanu:
1. A DECLARATION that the arrest of the Applicant in Kenya by the Respondents’ agents without due process of law is arbitrary, and the Respondents’ enforced disappearance of the Applicant for eight (8) days and their refusal to produce the Applicant before a Kenyan Court for the purpose of Applicant’s extradition is illegal, unlawful, unconstitutional and amount to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
2. A DECLARATION that the detention of the Applicant in a non-official secret facility in Kenya and the torture of the Applicant in Kenya by the Respondents’ agents is illegal, unlawful, unconstitutional, and amounts to infringement of the Applicant’s fundamental right against unlawful detention, torture and to a fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter).
3. A DECLARATION that pursuant to Article 12(4) of the Charter, the expulsion (or extraordinary rendition) of the Applicant from Kenya to Nigeria by the Respondents without a decision taken in accordance with the law of Kenya is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right to a fair hearing and not to be expelled from a State Party to the Charter except by virtue of a decision taken in accordance with the law, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
4. A DECLARATION that any criminal prosecution of the Applicant for the purpose of which the Respondents unlawfully expelled the Applicant from Kenya to Nigeria is illegal, unlawful, unconstitutional, and amounts to infringement of the Applicant’s fundamental right to a fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
5. AN ORDER OF INJUNCTION restraining and prohibiting the Respondents from taking any further step in any criminal prosecution of the Applicant enabled by the said unlawful expulsion of the Applicant from Kenya to Nigeria.
6. AN ORDER mandating and compelling the Respondents to forthwith restitute or otherwise restore the Applicant to his liberty, same being his state of being as of 19th June 2021; and to thereupon repatriate the Applicant to his country of lawful domicile (to wit: the United Kingdom) to await the outcome of any formal request the Respondents may file before the competent authorities in Britain for the lawful extradition of the Applicant to Nigeria.
7. AN ORDER mandating and compelling the Respondents to issue an official Letter of Apology to the Applicant for the infringement of his fundamental rights; and publication of said Letter of Apology in three (3) national dailies.
8. AN ORDER mandating and compelling the Respondents to pay the sum of N500, 000,000 (Five Hundred Million Naira) to the Applicant, being monetary damages claimed by the Applicant against the Respondents jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the Applicant as a result of the infringements of Applicant’s fundamental rights by the Respondents.
October 26, 2022
Judges’ Transfer not about Nnamdi Kanu – Appeal Court
The Court of Appeal headquarters in Abuja on Tuesday clarified that the transfer of its 21 Justices to various divisions in the country has nothing to do with the judgment of the Court that discharged and quashed the terrorism charges against the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Contrary to a report in a section of the media, the Appellate Court said that the postings of 21 out of its 81 Justices was a routine exercise aimed at reinvigorating the justice delivery of the Court.
The Chief Registrar of the Court, Malam Umar Mohammed Bangari, in a statement denied the media report that the three Justices who delivered the October 13 judgment that ordered the release of Kanu from detention were transferred.
In the statement he personally signed, the Chief Registrar said that only one Justice out of the three that handled Kanu’s matter was affected by the postings.
The statement read in part “The attention of the Court of Appeal has been drawn to a publication in the media on Monday October 24, 2022 with a caption “Nnamdi Kanu: 3 Justices on Appeal Court Panel Transferred”
“The publication in question conveyed the innuendo to the effect that the recent postings of Justices of the Court of Appeal were in connection with or in response to the judgment of the Court of 13th October 2022 in Nnamdi Kanu Versus the Federal Republic of Nigeria.
“We wish to state categorically that the general postings of the Justices of the Court of Appeal under reference were routine and aimed at reinvigorating the justice delivery system of the Court.
“In fact, 21 out of 81 Justices including 6 Presiding Justices of the Court were affected by the general postings.
“It is therefore incorrect to insinuate that the Honourable Justices who delivered the judgment in the Nnamdi Kanu appeal were the targets of the routine posting exercise.
“A few minutes of inquiry by the media could have clarified the fact.
“We appeal to the media to exercise restraint and circumspection in reporting matters pertaining to the Court and its operations.
“The Court of Appeal has an open door policy of providing easy access to the media to make inquiries and seek clarification on any matters of interest to the media for the benefit of the general public.”
October 25, 2022
Nnamdi Kanu: Appeal Court Rejects FG’s Request For Adjournment
The Court of Appeal on Monday refused to grant the request of the Federal Government to adjourn the application seeking to stay the execution of the judgment that struck out the terrorism charges against the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Rather, the court gave the Federal Government till 12 noon today to move its application.
At the day’s proceedings, counsel for the Federal Government, David Kaswe, complained that he was served with counter affidavit by Kanu’s lawyer, Mike Ozekhome, last week Friday.
Kaswe claimed that a list of one additional authority was served on him this morning and that he needed time to react to the authority.
Counsel for Kanu, however, objected to the request on the ground that only one additional authority was served and the Federal Government should have no excuse to seek adjournment because of that authority alone.
Ozekhome claimed that the government is yet to obey the court order of October 13 that ordered Kanu’s release.
He told the court that the freedom of Kanu was being trampled upon as he was terminally ill. He further urged the court to reject the request for any adjournment.
The presiding judge, Justice Haruna Tsanami subsequently gave the Federal Government till 12om today, to move its application for the stay of execution of the judgment and to respond to the fresh one authority cited by Kanu’s legal team.
October 24, 2022
S/East Senators Appeals To Buhari Over Nnamdi Kanu’s Release
The South East Caucus in the Senate has called on the Federal Government to obey the ruling of the Appeal Court and discharge the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu.
The caucus, comprising of eleven Senators, made the call in a statement issued and made available to newsmen in Abuja on Thursday.
The Appeal Court last week acquitted and discharged the IPOB leader of terrorism charges leveled against him by the Federal government.
However, Kanu who was re-arrested from Kenya in June 2021, is still in the custody of the Department of State Services as the Attorney-General of the Federation and Minister of Justice, Abubakar Malami insisted that he was only discharged but yet to be acquitted.
Following the refusal of the President Muhammadu Buhari-led government to release the separatist as ordered by the Appeal Court, the Senate caucus asked the president to keep the promise he earlier made to the Igbos and release Kanu.
“We should be mindful of our diversity and the strengths we as a country derive from there. This is the time to show magnanimity and statesmanship. The Appeal Court has provided the leeway for the authorities to walk the talk as ones desirous of preserving Nigeria’s unity and respect for her diversity.
“Accordingly, we as a Caucus and stakeholders in the Nigeria project appeal to Mr President, to remember the promise he made to a delegation of elders of Igboland sometime ago and release Nnamdi Kanu, especially now that the Appeal Court by that ruling removed the burden of interference from him. Going on Appeal would ultimately negate that kind gesture,” the caucus stated.
Those who signed statement include: Senator Chukwuka Utazi (Minority Whip), Senator Orji Uzor Kalu (Majority Whip), Senator Enyinnaya Abaribe, Senator Uche Ekwunife (Iyom), Senator Sam Egwu, Senator Stella Oduah and Senator Obinna Ogba, Senator T A Orji (Ochendo).
Others are: Senator Chimaroke Nnamani, Senator Onyewuchi Ezenwa, Senator Micheal Nnachi, Senator Rochas Okorocha, Senator Frank Ibezim, and Senator Patrick Ifeanyi Uba.
October 20, 2022
We’ll Take Final Decision on Nnamdi Kanu Very Soon – FG
The federal government has disclosed that it would soon come up with a final decision on the on-going terrorism trial of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
This was one of the resolutions at the National Security Council (NSC) meeting held yesterday at the State House, Abuja with President Muhammadu Buhari presiding.
Delivering judgment last Thursday, a three-member panel of the appellate court, led by Hanatu Sankey, discharged Kanu, ruling that the federal government flouted the Terrorism Act, Extradition Act and also violated international conventions and treaties guiding extraditions, thus, breaching the rights of the respondent.
The court held that having illegally and forcefully renditioned the appellant, the trial court was stripped of jurisdiction to continue to try Kanu.
Briefing newsmen after the meeting, the Minister of Police Affairs, Mohammed Maigari Dingyadi, said the Council resolved to take an appropriate step on the ruling and Kanu’s further trial.
He said: “The issue of Kanu was raised and Council was briefed on the state of things on the matter and it was observed that Kanu was discharged, but he was not acquitted. So, the government is considering the appropriate action to be taken on the matter and Nigerians will be notified of the position that will finally be taken in due course.
Detail later…
October 15, 2022
Nnamdi Kanu: AGF, Malami Reacts To Appeal Court Ruling
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, on Thursday reacted to the decision of the Appeal Court to discharge leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
In a statement signed by spokesperson, Dr. Umar Jibril Gwandu, Mr Malami said the appeal court only discharged Kanu and did not acquit him.
“The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu,” the statement said. “For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted.
“Consequently, the appropriate legal options before the authorities will be exploited and communicated accordingly to the public.
“The decision handed down by the court of appeal was on a single issues that borders on rendition.
“Let it be made clear to the general public that other issues that predates rendition on the basis of which Kanu jumped bail remain valid issues for judicial determination.
“The Federal Government will consider all available options open to us on the judgment on rendition while pursuing determination of pre-rendition issues.”
October 14, 2022
BREAKING: Court Finally Discharge Nnamdi Kanu of All Terrorism Charge
The Court of Appeal in Abuja on Thursday declared as illegal and unlawful, the abduction of the Biafra nation agitator, Nnamdi Kanu from Kenya to Nigeria and quashed the entire terrorism charges brought against him by the Federal Government.
The Court held that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.
In a judgment in an appeal by Kanu, by Justice Oludotun Adefope-Okojie, the criminal charges by the Federal Government against Kanu were voided and set aside.
The Appellate Court said that the Federal Government having flagrantly breached the fundamental rights of Kanu, lost the legal right to put him on trial.
The Court held that laws are meant to be obeyed and that the Federal Government has no reason to have taken laws into her own hand in the illegal and unlawful way the matter of Kanu was handled.
Justice Adebola held that failure of Nigeria to follow due process by way of extradition process as prescribed by law was fatal to the charges against Kanu.
The Appeal Court further held that the failure of the Federal Government to disclose where and when the alleged offences brought against Kanu were committed was also fatal to the terrorism charges and made them liable to dismissal.
“By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order.
“With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant trial for any offence.
“Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy”, the Court held.
October 13, 2022