Inside Nigeria
Nnamdi Kanu’s Trial: See What Is Happening In Court
The Federal Government may try the embattled leader of the proscribed Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu, in absentia,
Kanu was billed to appear before trial Justice Binta Nyako to be re-arraigned on an amended five-count charge marked FHC/ABJ/CR/383/2015, alongside three other pro-Biafra agitators- Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie. However, Kanu’s whereabouts has remained unknown, a development that has placed his sureties, including a serving Senator, Enyinnaya Abaribe and a Jewish High Chief Priest, Immanuu El-Shalom, at risk of being sent to prison.
FG is prosecuting the defendants through the office of the Attorney General of the Federation and Minister of Justice. Charges against them border mainly on criminal conspiracy and treasonable felony. A member of the prosecuting team who spoke to newsmen on Monday said FG was determined to proceed with the matter even if the IPOB leader failed to present himself before the court. He said such practice was allowed, once it was proved that the defendant deliberately made himself unavailable for trial.
“It will not be the first time a defendant is tried in absentia. Take the case of a former Niger Delta militant, Mr. Tompolo for instance. When he refused to make himself available, FG proceeded to try him in absentia”, the lawyer who craved anonymity because he was not cleared to speak on matter added. He maintained that under extant laws in the country, a defendant so tried, could still be convicted and made to face whatever penalty that was imposed by the court.
Kanu who is the 1st defendant is facing four out of the five-count amended charge. It will be recalled that Justice Nyako had in a ruling on April 25, released Kanu on bail after he had spent a year and seven months in detention, though the court okayed his co-defendants to remain in prison custody.
The court which stressed that it released Kanu on health ground, however compelled him to produce three sureties, including “a Jewish leader” and a “highly placed person of Igbo extraction”, who all deposited N100million each. Both Abaribe who is representing Abia South Senatorial District, El-Shalom and a Chartered Accountant residing in Abuja, Mr. Tochukwu Uchendu, had on April 28, entered an undertaken to produce Kanu before the court to face his trial.
However, barely 17 hours to the scheduled trial, no one has heard from or seen the IPOB leader who has remained incommunicado since the Nigerian Military carried out its code-named Operation Python Dance II, in the South East, particularly in his state, Abia.
A source at the Justice Ministry had earlier disclosed to newsmen that FG would on the slated trial date, not only move the court to revoke Kanu’s bail, but equally apply for a bench warrant to be issued against his three sureties. “The position of the law is very clear to the effect that when a defendant jumps bail, his surety is made to pay for the offence upon which the trial was based.
It is there in the Administration of Criminal Justice Act. “If for any reason Kanu fails to submit himself for trial on October 17, we will have no other option than to apply for immediate arrest of all his three sureties. We will move the trial court to issue a bench warrant against them. “We have their full details, and don’t forget that they were made to sign an undertaken by the court before the defendant was released on bail”, he added.
Kanu’s lead counsel, Mr. Ifeanyi Ejiofor, had in a telephone interview, insisted he does not know the whereabouts of his client. Ejiofor said his only contact with the IPOB leader was on September 14, few minutes before the Nigerian Army “invaded” his (Kanu’s) hometown.
He said that Kanu called him on phone, complaining that he was under attack from soldiers that were deployed to his compound by FG. Ejiofor who said he would not be surprised if FG decides to move against those that stood surety for his client, maintained that the burden was on the prosecution to produce Kanu in court on the adjourned date.
“The fact is that they are in a position to produce him at the next adjourned date. It is public knowledge that my client had before his house was invaded, always made himself available for trial. “He never evaded trial as he made it known that he was ready. If he wanted to jump bail, he would have done so immediately he was released from prison. But he did not run. “The last time I spoke with my client was the day his house was invaded by soldiers. He called me and complained that he was being attacked by soldiers who he said were shooting sporadically. since then, I have not heard from my client again. “If he is alive, they should tell the court on that day.
They will not only explain to the trial court, but will also produce the soldiers that went to his home to attack him”, Ejiofor added. Meantime, investigations revealed that the case may not actually proceed on Tuesday, as the trial Judge was said to be out of jurisdiction on an “important government assignment”. Justice Nyako is currently heading a team of Judges that were selected by FG to conduct the trial of over 1,600 Boko Haram suspects at Kainji detention facility in Niger state.
Kanu’s lawyer, Mr. Ejiofor has already filed a separate suit, asking the High Court in Abuja to compel the Chief of Army Staff, Lt.-Gen. Tukur Buratai, to produce his client in court on Tuesday, dead or alive.
Ejiofor told the court that he has not seen or heard from his client since the “Nigerian Army invaded the Applicant’s house on a murderous raid, where life and mortar bullets were fired on an unarmed and defenseless populace, leaving 28 persons dead and abducting many”. Pursuant to section 40 of the Federal High Court Act, F12, LFN 2005 and section 6(6) (1) (4) of the 1999 constitution, as amended, Kanu’s lawyers applied for “an order of Habeas Corpus ad subjiciendum, commanding the Respondent, to produce the Applicant in Court”.
In a supporting affidavit that was deposed by one Prince Mandela Umegborogu, the deponent said he was told by Kanu’s younger brother, Emmanuel, that on September 12, “Soldiers of Nigerian Army, numbering about 200 ( two hundred) fully armed to the teeth invaded the residential home of the Applicant in Afarauwku- Ibeku, Umuahia, in Abia State”. According to the affidavit, “On the 12th September 2017, the Nigeria Military Soldiers acting under express command handed down by the Respondent, violently invaded the Applicant’s home in Afara-ukwu Ibeku, Umuahia Abia State, wherein scores of his relative were brutally wounded and many killed. “On 14th day of September, 2017, the Nigerian Military led by Soldiers of the Nigerian Army invaded the Applicant’s house on a murderous raid, where life and mortar bullets were fired on unarmed and defenseless populace, leaving 28 persons dead and abducting many.
“The Applicant who was in the house during this bloody onslaught by the Soldiers, has not been heard from or seen after this bloody attack in his home by the Agents of the Respondent since the 14th day of September 2017. “That the invading Soldiers in their desperate bid to ensure that the Applicant is caught in the attack climbed stairs to his bedroom upstairs to shot him; walls of his bedroom were riddled with bullets.
“The invading Soldiers who had direct contact with the Applicant on this fateful day (14th day of September 2017) should be in a position to produce the Applicant before the court. It is either the Respondent’s rampaging Soldiers abducted the Applicant during this raid or must have killed him in the process”. Kanu had prior to the Army operation, prayed the trial court to vary some of his bail conditions which he said were directly in conflict with his constitutionally guaranteed fundamental human rights and therefore ought to be set-aside.
As part of his conditions for bail, Kanu who was arrested upon his return to Nigeria from the United Kingdom on October 14, 2015, was expressly barred by the court from attending any rally or granting any form of interview. “I must stress it here that the defendant must not attend any rally. He must not be in a crowd exceeding 10 persons”, the Judge warned.
The court insisted that the IPOB leader must sign an undertaken to make himself available for trial at all times. He was equally ordered to surrender his Nigerian and British international passports. Aside challenging the variation request, FG, in a fresh application it filed on August 25, applied for Kanu’s bail to be revoked. It predicated the application on section 169 and 173(2) of the Administration of Criminal Justice Act, 2015. Describing the IPOB leader as a threat to national security, FG alleged that he engaged in several acts it said were capable of sparking civil unrest and anarchy in the country.
It specifically applied for an order “directing the arrest and committing of the 1st defendant to custody pending trial”. FG had among other things, alleged that Kanu, his co-defendants and other persons still at large, had “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, for 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”.
It told the court that Kanu had “on or about the 28th April, 2015 in London, United Kingdom did in a broadcast on Radio Biafra monitored in Enugu, Enugu state and other parts of Nigeria within the jurisdiction of this honourable court, referred to Major General Muhammadu Buhari, GCON, President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria as a paedophile, a terrorist, an idiot and an embodiment of evil, knowing same to be false and you thereby committed an offence contrary to section 375 of the Criminal Code Act, Cap C. 38 Laws of the Federation of Nigeria, 2004”.
Ekene Udensi
October 17, 2017 at 2:19 pm
Sinking zoo…..
Uba Austin Afam
October 17, 2017 at 1:59 pm
Always their way
Christopher Ochini
October 17, 2017 at 1:04 pm
Ok
Godsown Emeka
October 17, 2017 at 11:20 am
This is a long trash altogether
one man squad
October 17, 2017 at 11:52 am
nigeria a failed nation. so confuse nothing is working in this nation,am tired of nigeria.
Adamu Kabiru
October 17, 2017 at 10:22 am
And Nnamdi kanu was call him self a man. Is that a man? Bastard child that he has no respect for elder.
Paschal Okafor
October 17, 2017 at 12:13 pm
You are the bastard not Nnamdi January.
Ekene Udensi
October 17, 2017 at 2:18 pm
Pls, check BH dogs are fucking ur dirty mother…..
peaceforall
October 17, 2017 at 10:50 am
These fulani’s and their co-conspirators Igbo governors and ohanaeze group think that we are stupid? If their python mistakenly swallow Nnamdi Kanu it’s better to ask him to vomit him now if not Ọ dịghị Agbara ọ ga-adị mma na ntị.
Andybest Bush
October 17, 2017 at 9:47 am
But nigerian Army did not invade Tobola house before the court or took him to unknown decination then declear him wanted b4 his court day, Kanu’s case and Tobola is quit difference ok
Benjamin Ohamadike Ifeanyi
October 17, 2017 at 9:42 am
The court will be waiting for the zoo army to bring HIM before the court.
David Chukss
October 17, 2017 at 9:38 am
If this is true that means there is problem in Nigeria..
Ibiam Chibuzor
October 17, 2017 at 9:37 am
Military personnel and OUK should produce him
Iyke Chris Nwankwo
October 17, 2017 at 9:34 am
Ojiuzo kalu should be arrested, since he said that he saw our leader Mazi Nnamdi Kanu in UK & Ashia countries
John Nwaeze
October 17, 2017 at 9:24 am
More updates pls
Anointing Paul
October 17, 2017 at 9:11 am
Biafra is here
Agnes Nwokike
October 17, 2017 at 9:11 am
We are fearless before our enemies. For thus says the Lord, fear not for I am with you and be not dismayed for I am your God.
Chukwu Okike Abiama will do us good for His thought for us Biafrans is the thought of good not of evil to give us expected end.
Idewater Uchenna Akachuckwu
October 17, 2017 at 9:05 am
They must produce our leader
Adamu Kabiru
October 17, 2017 at 10:44 am
Is that a leader? You know they shame by calling that bastard your leader. Do you ever seen before a competent leader has ever run away and leave his fellower?
Chimar Friday
October 17, 2017 at 10:53 am
What do you mean by ‘bastard’? explain pls.@adamu
Raliegh Kalu
October 17, 2017 at 12:36 pm
Hopeless fool calling someone bastard @Adamu do you know your father?
Sparkle Kings
October 17, 2017 at 9:03 am
My own is that even if Nnamdi kalu ran away as is been said by some fools…then let them go ask those that pursue him out from his home….or if they have killed him let them provide his corps or if they have him red handed let them bro g him out for the court today….cos our man has been in his home till that faitful day that they came to kill him….simpleooo
Blessed Governor
October 17, 2017 at 8:58 am
Them must produce our leader all hail biafra
Obafemi Gbenga
October 17, 2017 at 8:56 am
Buhari and Arewa Youths are trying peaceful igbos asking for freedom for treason while arewa backed herdsmen armed to the teeth and killing innocent children in churches and schools are free moving about killing and maiming. A government is under oath to protect and account for people in its territory. Nnamdi Kanu disappeared in Nigeria after Nigeria armed forces stormed his house. It’s the duty of Nigeria’s government to find and produce Kanu – or his remains. If Nigeria’s government fails to do this, it’s not worth a government. Its a shame that buharis army will stoop so low and cowardly at not only attack unarmed protesters, but also raid and steal in a civilians house. That Nnamdi Kanu can be vanished from the face of the earth without any trace following the invasion of his home by the thuggish and unprofessional military of this rogue government in Nigeria, should trouble everyone. This is a police affair, and should have been handled by the state police. This is the more reason power should and must be devolved to lower units. This display of madness in front of the world will only strengthen the call for restructuring. More damaging to him is that it will increase Kanu’s popularity and buy him more sympathy internationally. Buhari has foolishly become Kanu’s best secret weapon. The good news is that some influential governments, including Britain, the USA, and even the EU, are asking this discredited government in Nigeria the whereabout of this young man.
Iyke Chris Nwankwo
October 17, 2017 at 9:26 am
Remain bless for saying d truth
Arc Zuby Okwuchukwu
October 17, 2017 at 9:33 am
U GET SENSE BRODA, 40 PEOPLE WERE KILLED IN PLATEAU BY FULANI HERDSMEN RECENTLY BUT THE ARMY WILL NEVER MAKE A MOVE TO DANCE SCORPION DANCE
Agukalu Mosespeter
October 17, 2017 at 9:41 am
Beta pikin u look like ur mama pikin fine boy…
Collins Williams
October 17, 2017 at 10:25 am
Truth is made only for the truthful people and is a weapon of a truthful man which in turn bears the fruit of wisdom
BiafraUnited
October 18, 2017 at 5:18 am
@Obafemi, if you are truly a Yoruba person writing this comment, I say, God bless you and your people. Even if you are not a Yoruba person, I still say, God bless you and your people.
Agbarusia Nngene
October 17, 2017 at 8:55 am
What’s happening
Eze-ugo Iroegbu
October 17, 2017 at 8:55 am
Buhari of Jibril?
Paschal Nwankwo
October 17, 2017 at 8:55 am
The zoo army must produce our leader today or
Udeze Francis
October 17, 2017 at 8:54 am
Nigerian army knows where Kanu is. If they have killed him let them tell the world and produce his corpse for proper burial.
Chinecherem Uwaoma
October 17, 2017 at 8:53 am
Engr Uba Uchechukwu Ferdinand
October 17, 2017 at 8:49 am
Hahahaha God almighty bless my people biafrans. All hail Biafra
Stephen Ugo
October 17, 2017 at 8:49 am
Vampires Nigeria army looking blood to suck.
Icee Age
October 17, 2017 at 8:49 am
BUFFALO SOLDIERS,DIRTY THINGS IN UNIFORMS.
Don Greg Afam
October 17, 2017 at 8:48 am
Badbye one nigeria. #ISUPPORTBIAFRA
Angela E Momoh
October 17, 2017 at 8:47 am
I’m having 0.014 bitcoins for sale, inbox me if interested
Prince Hail-Sellasie
October 17, 2017 at 8:45 am
Buhari knows Nnamdi whereabout….
Ndidi Ogini
October 17, 2017 at 8:45 am
Have they produce Our Great One
Chinedu Ani
October 17, 2017 at 8:44 am
God bless mazi Nnamdi kanu the great man and great leader that have conquered the Zoo republic called Nigeria,All hail Biafra,Biafra is unstoppable
Uweh Tino
October 17, 2017 at 8:42 am
wow! Great Mazi Nnamdi Kanu… U re too much. Them go piss for their cloth today…
Ernest King
October 17, 2017 at 8:39 am
Pls is our leader out.. Have they produced him
Chinedu Anagor Assortedwealth
October 17, 2017 at 8:39 am
That’s good
Okwunna Emmanuel Ogbe
October 17, 2017 at 8:37 am
Peace 4ever
Ike Chinemelum Nelson
October 17, 2017 at 8:37 am
Biafra must prevail
Fredy Asomba Immanuel
October 17, 2017 at 8:37 am
They still came in Biafra colours….. Kill us here let the whole world see ….Lol
Sixtus Ndubuisi
October 17, 2017 at 8:34 am
God we need ur help
Emmy Richard Onuorah
October 17, 2017 at 8:34 am
Them must produce him
Oliver Eze
October 17, 2017 at 8:34 am
Please network is bad from my side, what is happening inside there
Biafra Dennis
October 17, 2017 at 8:33 am
Them must to produce him all hail biafra
fina B.
October 17, 2017 at 9:33 am
Why reiterating his hometown rather than military attacks at his home? lopsided journalism. Cant you just tell the truth?
Kingsley Istanbul Vam
October 17, 2017 at 8:33 am
Great is nnamdi KANU , only d truth nnamdi KANU carry destroyed d zoo
Xtian Ejike
October 17, 2017 at 8:30 am
More update pls Biafra all the way
Jephthah Luka
October 17, 2017 at 8:30 am
pls update
Uchenna Ossai
October 17, 2017 at 8:27 am
Hav Zoo Army Produce Him