Barrister Aloy Ejimakor, a Special Counsel to the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has given an insight into the recent court hearing held on Wednesday.
Ejimakor said that the court stated, “That Mazi Kanu be given maximum comfort possible in the detention facility. That he be allowed a change of clothing.”
In a statement signed by the lawyer, he noted that during the hearing, there was a total absence of security operatives in court and around the outer perimeters as was the case during previous proceedings.
Also, Ejimakor stated that Mazi Kanu was not in court and there was no officer from the Department of State Service to explain why. However, from what he surmised, both the court and the DSS might have concluded that his presence in court was not strictly required in the sort of application that was moved in court today.
The lawyer also claimed that the court did not grant Kanu’s legal team the leave to move their application challenging the jurisdiction of the court to continue the trial.
The statement further read, “Recall that we had filed such application, arguing that the extraordinary rendition of Kanu constitutes a constitutional barrier to his trial. The court ruled that the application was not calendared for hearing today. That it will be heard at the next adjourned date.
“The court, after going through what it said is a tight judicial calendar, moved the date of the next hearing backwards from 19th to 18th January 2022. The court ruled that it will entertain all outstanding applications at the next hearing date, and proceeded to make the following Orders: That Mazi Kanu be given maximum comfort possible in the detention facility. That he be allowed a change of clothing.”
More so, the lawyer noted that the court gave the IPOB leader the nod to practice his Jewish faith.
Ejimakor further noted, “That he be allowed free practice of his Jewish faith including access to his Jewish religious materials. That the DSS obey all previous orders granted in the matter, including allowing Kanu any visitor of his choice. That Kanu be permitted, at his option, to mingle freely with other inmates or any other persons at the detention facility.”
The Indigenous People of Biafra (IPOB) prior to the hearing cancelled its sit-at-home protest in the south-east, a contrary to their earlier agreement – that the sit-at-home order will only be enforced on the days Kanu will appear in court.
But in a statement issued on Wednesday, Emma Powerful, IPOB spokesperson, said there “will be no lockdown tomorrow in any part of Biafra land” as a result of Kanu’s court appearance.
“We wish to inform Biafrans, friends of Biafra and lovers of freedom that our Leader, Mazi Nnamdi Kanu, will be in court tomorrow, December 2, 2021 in Abuja. We, therefore, urge Biafrans living in Abuja and its environs to come out en masse to solidarise with our leader,” the statement reads.
“Meanwhile, there will be no lockdown tomorrow in any part of Biafra land as a result of the court appearance. Biafrans resident in Biafra land, as well as visitors to Biafra land, are free to go about their lawful businesses without fear of molestation or intimidation.
“We have not asked or authorised anybody to monitor or enforce any lockdown. Again, there will be no lockdown in Biafra land for tomorrow’s court appearance of our Leader. Only Biafrans and friends of Biafra in Abuja and its environs that are encouraged to be at the court premises.”
IPOB also asked supporters of its movement to remain peaceful and law-abiding before and after the trial on Thursday.
The Talk
Mazi Nnamdi Kanu in an application filed through his team of lawyers led by Mr Ifeanyi Ejiofor, is asking the court to acquit and discharge him of all counts in the charge.
He argued that the court lacks the requisite jurisdiction to try him on the basis of a charge he said was grossly incompetent.
Mr Kanu contended that there was no proof of evidence attached to the amended charge against him.
According to him, “That no allegation was made in any of the counts of the amended charge that the alleged sundry acts of the Defendant/Applicant were physically carried out by him, within the geographical space or territorial boundaries of Nigeria.
“That the only element requisite to constitute and found liability for incitement is the actual words allegedly uttered by the Defendant/Applicant.
“That the alleged acts for which the Defendant was charged, do not constitute terrorism offences in London, United Kingdom, where they were allegedly committed,” Kanu added.
The IPOB leader had earlier, also applied to be transferred from custody of the Department of State Services, DSS, to the Kuje Correctional Center.
Even though the request was refused, Justice Nyako, however, ordered the DSS to grant him access to three visitors of his choice, every Monday and Thursday of the week.
Speaking with Vanguard shortly before the court commenced sitting on Thursday, a member of Kanu’s legal team, Mr Maxwell Opara, said the application to move him out of DSS custody would be revisited.
“For today, we are focusing on the application for abridgment of the trial date and for the charge to be quashed. However, if time permits, we will re-apply for his transfer to prison custody,” Opara added.
It will be recalled that FG had on October 21, re-arrainged Kanu on a seven-count amended charge.
FG, in the amended charge marked FHC/ABJ/CR/383/2015, alleged that Kanu had in furtherance of an act of terrorism, issued a deadly threat that anyone that flouted his sit-at-home order should write his or her will.
It alleged that as a result of Kanu’s directive, banks, schools, markets, shopping malls, fuel stations were not opened for businesses, with vehicular movements grounded in the South East region of the country.
It said the action amounted to an offence contrary to and punishable under 1(2) (b) of the Terrorism Prevention Amendment Act, 2013.
FG alleged 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”.
He was alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria.
He was alleged to had between 2018 and 2021, through Radio Biafra, professed to be a member of IPOB, a proscribed organization in Nigeria, and thereby committed an offence punishable under section 16 of the Terrorism Prevention Amendment Act, 2013.
In count five of the charge, FG alleged that Kanu had on April 22, 2021, in London, the United Kingdom, on Radio Biafra monitored in Enugu and other parts of Nigeria, did an act of terrorism “in that you incite the other members (followers) of the Indigenous People of Biafra (IPOB), a proscribed organization in Nigeria, to look for security personnel, their family members through a Radio Biafra on 102.1FM monitored through the IPOB Community Radio, and you thereby committed an offence contrary to and punishable under section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
Attached in support of the amended charge dated October 14, included a seven-paragraphed affidavit of completion of investigation deposed to by one Loveme Odubo, a prosecutor in the Federal Ministry of Justice.
FG equally lined up five witnesses to testify in the matter, among whom are officials of the DSS and one Ronald S. who was identified as the manager of a Hotel in Lagos.
Pardon for Nnamdi Kanu premature for now: AGF Malami
Pardoning Nnamdi Kanu is premature for now, says AGFN Abubakar Malami.
Malami spoke Wednesday night while appearing as a guest on Channels Television’s Politics Today.
“Pardon is a function of conviction in the Nigerian context and as far as I know, Nnamdi Kanu has not been convicted yet. So the idea of pardoning him is premature,” the Attorney General of the Federation said.
While stressing that he is not ruling the option out, Malami, however, noted that pardoning Kanu is not on the table at the moment.
Malami spoke as news broke that Kanu will be arraigned at the Federal High Court in Abuja today, for a possible bail.
Fish in the Pot
This special hearing comes days after leaders from the South East met with President Muhammadu Buhari to plead for Kanu’s pardon.
Buhari described the request as weighty as he does not want to interfere with the judiciary.
Buhari had said, “You’ve made an extremely difficult demand on me as leader of this country. The implication of your request is very serious. In the last six years, since I became President, nobody would say I have confronted or interfered in the work of the Judiciary. God has spared you, and given you a clear head at this age, with very sharp memory. A lot of people half your age are confused already. But the demand you made is heavy. I will consider it.”
Stressing his policy of non-interference with the Judiciary, the President said when Kanu jumped bail, got arrested and was brought back to the country, “I said the best thing was to subject him to the system. Let him make his case in court, instead of giving very negative impressions of the country from the outside. I feel it’s even a favour to give him that opportunity.
But observers believe a bail for the IPOB leader may open a path for the resolution of the Kanu problem.
Mr Kanu was illegally arrested in Kenya and renditioned to Nigeria in June. An international crime on its own.
[Gbetu Tv – Punch/Vanguard/PMnews]
