The Court of Appeal sitting in Abuja, on Tuesday, reserved its judgement on an appeal the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, filed to quash the terrorism and treasonable felony charge the Federal Government preferred against him.
The IPOB leader, who is currently facing trial before the Federal High Court sitting in Abuja, had through his team of lawyers led by Chief Mike Ozekhome, SAN, approached the appellate court to query the legal competence of the charge pending against him.
He specifically prayed the appellate court to review the April 8 ruling of the trial court which struck out only eight out of the 15-count charge.
Insisting that the charge FG entered against him had no basis in law, Kanu, in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted.
Kanu equally urged the appellate court to order his release on bail, pending the determination of his appeal.
Though the appeal was initially fixed for October 11, however, following an application the embattled IPOB leader filed for abridgement of time, the appellate court brought the matter forward for hearing.
When the matter was called up on Tuesday, a three-man panel led by Justice Jummai Hanatu, said it had no need to delve into the issue of bail since the substantive appeal was ripe for hearing.
Arguing the appeal, Chief Ozekhome, SAN, alleged that his client was forcefully abducted from Kenya and illegally renditioned back to the country.
He told the court that his client was first arraigned on December 23, 2015 and was later granted bail on April 25, 2017.
“My lords, he was enjoying this bail without breaching the terms. However, he was in his ancestral home when agents of the Respondent invaded his home in September 2017. He barely escaped alive by sheer providence and found himself first in Isreal and later in London.
“When the Appellant travelled from London to Kenya, agents of the Respondents, on June 27, 2021, forcefully abducted the Appellant, tortured and renditioned him back to the country without following any extradition process”, Ozekhome submitted.
He argued that under the Doctrine of Speciality as provided for in section 15 of the Extradition Act, FG, ought to have proceeded to try Kanu on the five-count charge he was initially facing before he escaped from the country.
He argued that Kenya, being the country from where Kanu was arrested and extraordinarily renditioned back to Nigeria, ought to have authorised his extradition.
“This allegation of his forcefully abduction and rendition was never denied by the Respondent.
“More so my lords, the charge appears to give the lower court a global jurisdiction over offences that were allegedly committed by the Appellant, without specifying the location or date the said offences were committed.
“There was no need for the lower court to have retained the remaining seven-count charge.
“We are therefore urging my lords to strike out the remaining counts and hold that the Respondent has not established any prima-facie case against the Appellant for which he could be tried”, Ozekhome added.
Meanwhile, FG, through its lawyer, David Kaswe, urged the court to dismiss the appeal for want of merit.
He maintained that the IPOB leader was brought back to the country by due process of the law.
He argued that the charge has been amended seven times owing to the conduct of the Appellant.
“My lords, it took four years and huge resources to get the Respondent arrested and brought back to face the charges against him.
“The Prosecution is ever willing and eager to proceed with trial of the Appellant.
“We are saying that the trial court was even wrong to have struck out the eight counts as it did.
“It is only after FG has produced all its witnesses and tendered its evidence that the Appellant could claim that no prima-facie case was established.
“Finally, we urge this court to dismiss the appeal for lacking in merit”, Kaswe added.
After it had listened to both sides, the panel said it would communicate the judgement date.
It will be recalled that trial Justice Binta Nyako had on April 8, struck out eight counts of the charge on the premise that they were mere repetitions that did not disclose any offence that could be sustained by the proof of evidence before the court.
FG had in the counts that were struck out, alleged that Kanu had through his broadcasts, incited members of the public to not only stage a violent revolution, but to attack police officers and also destroy public facilities in Lagos State.
While the court threw out counts 6, 7, 9, 10, 11, 12,13 and 14 of the charge, it okayed Kanu’s trial on counts 1, 2, 3, 4, 5, 8 and 15.
Justice Nyako subsequently suspended Kanu’s trial till November 14 to await the outcome of his appeal.
FG had alleged that Kanu had in his broadcast that was received and heard in Nigeria, issued a deadly threat that anyone who flouted his sit-at home order should write his/her Will.
It told the court that as a result of the threat, Banks, Schools, Markets, Shopping Malls, Fuel Stations domiciled in the Eastern States of Nigeria, were not opened for businesses, citizens and vehicular movements in the Eastern States of Nigeria were grounded.
It alleged that Kanu had on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria, inciting members of 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.
More so, FG, alleged that Kanu, directed members of the IPOB “to manufacture Bombs”.
It told the court that the defendant had between the month of 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, which he allegedly declared as used household items, and thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act Cap, C45 Laws of the Federation of Nigeria 2004.
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