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BIAFRA: Court To Rule Feb 10 On Nnamdi Kanu’s Motion To Quash Charges | The Republican News

 Eric Ikhilae, AbujaImage result for Nnamdi Kanu in Court

A Federal High Court in Abuja has fixed February 10 for ruling on a motion by Biafra agitator, Nnamdi Kanu, seeking to quash the charge against him.

Justice Binta Nyako chose the date yesterday after listening to arguments for and against the motion by lawyers to Kanu and the prosecution.

Kanu, who is the National Coordinator of a group, the Indigenous People of Biafra (IPOB) and three of his associates –  Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi – are being tried before the court on an 11-count charge.

They are charged with managing unlawful organisation, possession of firearms, felony, unlawful importation and terrorism.

Arguing the motion yesterday, Kanu’s lawyer, Ifeanyi Ejiofor, asked the court to quash the six  counts in the charge which are specifically directed against his client.

He said: “The six counts preferred against the first defendant/applicant (Kanu) as shown in counts 1, 2, 3, 4, 5 and 6 in the substantive charge, and the proof of evidence attached thereto, have not disclosed any prima facie case against the first defendant/applicant, such as to warrant setting the substantive charge down for trial against the first defendant/applicant.”

Ejiofor said the counts were “smokescreen charges, basically concocted to ensure that the first defendant/applicant is perpetually held in custody.”

Ejiofor argued that by being part of the 1983 coup that ousted then President Shehu Shagari, President Muhammadu Buhari committed treason against the country.

He said: “My lord it was Buhari that committed treasonable felony in 1983 when he spearheaded a coup that overthrew a democratically elected government, not my client.”

Ejiofor argued that the only evidence the prosecution has to support the charge of treason against Kanu were an extra judicial statement he made to the Department of State Service (DSS), prosecution witnesses’ statements and highlight of alleged Radio Biafra broadcasts. (The Nation)

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Treasonable Felony: FG Wants Kanu’s Application Dismissed |The Republican News

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Ade Adesomoju, Abuja

The Federal Government has replied a motion filed before a Federal High Court in Abuja by the leader of the Indigenous People of Biafra, Nnamdi Kanu, seeking an order quashing the charges bordering on treasonable felony preferred against him and his co-defendants.

The prosecuting counsel, Mr. Magaji Labaran, argued in the reply filed on Wednesday that contrary to Kanu’s contention, the charges preferred against the accused persons were “competent, clear and unambiguous.”

Labaran argued that Kanu filed the application as a ploy to further delay the case, adding that “the proof of evidence attached to the information has clearly linked the first defendant with the charge brought against him.

“My lord, all the grounds upon which this application were brought do not fall within the grounds upon which it will be granted.”

According to Labaran, the Administration of Criminal Justice Act, which guides criminal proceedings, has prohibited the filing of such objection to charges.

He maintained that the application should not be heard let alone being granted.

He stated, “In furtherance to the above, Section 221 of the Administration of Criminal Justice Act, 2015 prohibits this kind of objection. It stated as thus: ‘Objections shall not be taken or entertained during proceeding or trial on the ground of an imperfect charge or erroneous charge.’

“Also, section 396 of the ACJA 2015 reinforces this position and we rely on this submission in urging this honourable court to dismiss this application.

“My lord, it is so clear to us and we urge the court to consider it as such that, this application is frivolous and it is intended to delay the cause of justice in this case, hence we urge your lordship to discountenance it.

“My lord, a cursory look at the affidavit in support of this application, the court will come to an inevitable conclusion that it contains nothing compelling that will warrant this court to entertain the application let alone granting same.”

Kanu and three others – the National Coordinator of IPOB, Mr. Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi – are being prosecuted by the Federal Government on 11 counts, including treasonable felony.

The defendants are also accused of managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods.

Onwudiwe was specifically accused in one of the counts of an act preparatory to an act of terrorism.

All the counts are in connection with the accused persons’ alleged broadcasts on Radio Biafra and agitation for the secession from Nigeria of, states in the South-East and South-South geopolitical zones and other communities in Kogi and Benue states to constitute a Republic of Biafra.

However, Kanu, through his lawyer, Mr. Ifeanyi Ejiofor, on January 3, 2017, filed an application seeking the court’s order quashing six of the counts specifically preferred against him among the 11 counts.

As part of the grounds of the application, Ejiofor argued that “the six counts preferred against the first defendant/applicant as shown in counts 1, 2, 3, 4, 5 and 6 in the substantive charge, and the proof of evidence attached thereto, have not disclosed any prima facie case against the first defendant/applicant, such as to warrant setting the substantive charge down for trial against the first defendant/applicant.

“That the proof of evidence attached to the charge has no items constituting the basic ingredients of the offences the first defendant/applicant is being charged with.

“That the six counts preferred against the defendant/applicant are grossly incompetent on the ground that the proof o evidence do not disclose any prima facie case against the first defendant/applicant.

“The proof of evidence does not link the first defendant to the offences allegedly committed.”

The Federal Government had filed its response to the application following the directive by the trial judge, Justice Binta Nyako, on Tuesday.

Justice Nyako had during Tuesday’s proceedings fixed Thursday, (January 12) for hearing. (Punchng.com)

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IPOB Vows To Avenge Members’ Killings |The Republican News

                                                 IPOB leader, Nnamdi Kanu

 

Tony Okafor, Awka

The Indigenous People of Biafra on Sunday asked President Muhammadu Buhari to caution security agencies, whom it alleged were killing pro-Biafra agitators without provocation

The group vowed to avenge the death of any of its member killed by the country’s security agencies henceforth.

It said that nobody should take the group’s non-violent philosophy for granted.

In a press statement made available to our correspondent in Awka, Anambra State, by the Media and Publicity Secretary of the group, Mr. Emma Powerful, the group said the era of killing its members with without provocation had gone.

Read more:US Congressman, Tom Marino Writes Kerry, Accuses Buhari of Autocratic Tendencies, Killing Peaceful IPOB Protesters

It maintained that the members of the group had the right to self defence.

The statement read partly, “Many have paid the supreme sacrifice at Igweocha, Port Harcourt, Rivers State; Aba in Abia State, Nkpor and Onitsha in Anambra State, which Biafra and posterity will never forget. We shall honour all those that fell on this long and painful march to freedom.

“Having said this, we will not hesitate to invoke the right to self defence, should the government of Nigeria attempt to kill even one peaceful IPOB protester.

“Biafrans are, naturally, law-abiding and peaceful people without the history of conquest like any other major ethnic nationalities in Nigeria.

“The European Union and and other internationally-recognised institutions in the world have taken time to study IPOB’s grievances and have come to the conclusion that the Nigerian government, headed by Muhamadu Buhari, is hell-bent on annihilating the people of Biafra.”

The group said it would not have any talk with the Federal Government under President Muhammadu Buhari until the release of their leader, Nnamdi Kanu.

Read more: BIAFRA: how the Onitsha massacre of pro-Biafrans supporters was coordinated-DSS operative

“IPOB worldwide and its leadership are pleased with every effort people are making towards the restoration of the Biafra nation. We are highly committed to making sure Biafra comes under the command of our ordained leader and prophet, Mazi Nnamdi Kanu.

“We wish to clarify that there will be no negotiation talks until our leader, Nnamdi Kanu, and other members detained illegally are released unconditionally as two courts of competent jurisdiction have ruled in Abuja,” the statement said. (Punchng.com)

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Orji Kalu Visits Nnamdi Kanu, IPOB Leader In Prison |The Republican News

Gbenro Adeoye

A former Governor of Abia State, Orji Uzor Kalu, on Friday paid a visit to the incarcerated leader of the Indigenous People of Biafra, Nnamdi Kanu, where he said the latter did not deserve to be in detention.

Kalu, who recently defected to the ruling All Progressives Congress, posted a picture he had taken with Kanu during his visit to Kuje Prison.

Read more:KANU: Court Grants FG Request To Shield Witnesses’ Identities (Video)|The Republican News

In the post, Kalu said, “Today, I visited Mazi Nnamdi Kanu in Kuje Prison and we engaged in a very long discussion. Kanu is my brother and a son of the soil. He shouldn’t be where he is because Kuje Prison is not his home. It is therefore my utmost concern to see him regain his freedom like every other Nigerian.”

However, Kalu’s post generated a mixed reaction on Facebook, as some commenters criticised him while others commended the move.

A Facebook user, Usman Ibrahim, said, “Sir, you made a very good decision by visiting and advising him, peace is better than everything in life.”

Another Facebook user, Chukwuwike Anijunsi, said, “Well done sir! Every great leader is known for what he has done for others (and) not for himself alone. Ndigbo will be happy to see a solution to the unending political neglect of their people.”

But Peter Stone’s comment on the online forum was critical of Kalu, saying, “You have proven several times to us that you are a political prostitute and so you don’t expect Nnamdi Kanu to adhere to your selfish advice. You disappointed me as a fan of yours the moment you joined the APC. You should be ashamed of yourself sir.”

A Federal High Court in Abuja had granted the Federal Government permission to shield the identities of witnesses billed to testify against Kanu.

Kanu, who had rejected the ruling, threatened that there would be no Nigeria by the time he finished giving his testimony in court.

Read more:Justice Nyako Refuses Kanu Bail Application |The Republican News

He had said, “This is nonsense. I will give testimony before this court. By the time I finish, there will be no Nigeria. This is no Sharia court. It is a court that operates under the common law.”

Kanu, who is facing 11-counts bordering on treasonable felony and his alleged involvement in acts of terrorism, has been in detention since October 2015 when he was arrested by security operatives.  (Punchng.com)

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