The Federal High Court sitting in Abuja has on Friday, struck out eight out of the 15-count treasonable felony charge brought against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
The Federal High Court, Abuja, also has set May 18 and 26 as the dates for the ruling for the bail application of the detained leader of the outlawed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Binta Nyako made this known on Friday.
The ruling followed an application Kanu filed through his team of lawyers led by Chief Mike Ozekhome(SAN) to quash the entire charge against him stressing that the charge was legally defective and the court lacked the jurisdiction to try him on the strength of an incompetent charge.
Justice Binta Nyako, struck out counts 6,7,9,10,11,12,13 and 14 of the charge.
“I have read the counts and counts 6, 7, 9, 10, 11, 12, 13 and 14 have not disclosed any offence against the defendant.
“‘Counts 1, 2, 3, 4, 5, 8 and 15 show some allegations. The court shall proceed to try the defendant on those count,” Justice Nyako said.
Ozekhome argued that since the allegations the FG levelled against Kanu, were purportedly committed outside the country, the high court, therefore, lack the jurisdiction to entertain the charge.
“The charges appears to give this court a global jurisdiction over offences that were allegedly committed by the Defendant, without specifying the location or date the said offences were committed,” he told the court.
He further contended that the FG accusation of Nnamdi Kanu being the leader of an unlawful organization does not hold water since the action of FG, in proscribing the IPOB, is still subject of legal dispute at the Court of Appeal and therefore subjudice.
Here is the 15-Count amended charge:
COUNT ONE
That you Nnamdi Kanu, Male. Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State sometimes in 2021 being a member and the leader of Indigenous People of Biafra, IPOB, a proscribed Organisation, did commit an act in furtherance of an act of Terrorism against the Federal Republic of Nigeria and the People of Nigeria by a making a broadcast received and heard in Nigeria within the jurisdiction of this Honourable Court, with intent to intimidate the population and you threatened that people will die, the whole world will stand still and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act, 2013.
COUNT TWO
That you Nnamdi Kanu, Male. Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State sometimes in 2021 did commit an act in furtherance of an act of Terrorism against the Federal Republic of Nigeria and the People of Nigeria made a broadcast received and heard in Nigeria within the jurisdiction of this Honourable Court, with intent to intimidate the population, you issued a deadly threat that anyone who flouted your sit-at home order should “write his/her Will” as a result 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 within the Jurisdiction of this Honourable Court and you thereby committed an offence punishable under Section 1(2)(b) of the Terrorism Prevention Amendment Act. 2013.
COUNT THREE
That you Nnamdi Kanu. Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 within the Jurisdiction of this Honourable Court. professed yourself to be a member and leader of the Indigenous People of Biafra IPOB, a proscribed organisation in Nigeria and that you thereby committed an offence contrary to and punishable under Section 16 of the Terrorism Prevention Amendment Act. 2013.
COUNT FOUR
That you Nnamdi Kanu. Male. Adult, of Afaranukwu Ibeku. Umuahla North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria In which you incite members of the Public in Nigeria to hunt and kill Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT FIVE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria in which you incite members of the Public in Nigeria to hunt and kill families of Nigerian security personnel and that you thereby committed an offence punishable under Section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.
COUNT SIX
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you incite members of the Public in Nigeria to attack Officers of the Nigerian Police Force and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT SEVEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you incite members of the Public in Nigeria to kill Officers of the Nigerian Police Force and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT EIGHT
That you Nnamdi Kanu. Male. Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria in which you directed members of the Indigenous People of Biafra IPOB, Aproscribed organization to manufacture Bombs and you there by committed an offence punishable under section 1 (2) (f) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT NINE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku. Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria, with intent to destabilize the Eundamental Political and economic structures of Nigeria, you Incite members of the Public to stop the Anambra State Elections and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
COUNT TEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, in furtherance of an act of terrorism against the Federal Republic of Nigeria and the People of Nigeria, with intent to destabilize the Fundamental Political and economic structures of Nigeria, you Incite members of the Public to destroy Public facilities and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
COUNT ELEVEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to intimidate the population of Nigeria. In furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria threatened members of the Public not to come out on Monday the 31″ day of May 2021 and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013.
COUNT TWELVE
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to incite members of the Public to stage a violent revolution in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria and that you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
COUNT THIRTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of Nigeria olence you directed members of the Public to burn down every Federal facility in Lagos resulting in major economic loss to the Federal. Government and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
COUNT FOURTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between 2018 and 2021 made a broadcast received and heard in Nigeria within the Jurisdiction of this Honourable Court, with intent to incite violence in furtherance of an act of terrorism against the Federal Republic of Nigeria and the people of
Nigeria olence you directed members of the Public to destroy Public Transport system in Lagos, resulting in major economic loss to the Government and you there by committed an offence punishable under section 1 (2) (h) of the terrorism (Prevention) (Amendment) Act 2013
COUNT FIFTEEN
That you Nnamdi Kanu, Male, Adult, of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia State on diverse dates between the month of March and April 2015 Imported into Nigeria and kept in Ubulisiuzor in Ihiala Local Government Area of Anambra State within the jurisdiction of this Honourable Court, a Radio Transmitter known as Tram 50L concealed in a container of used household items which you declared as used household items, and you thereby committed an offence contrary to section 47 (2) (a) of Criminal Code Act. Cap, C45 Laws of the Federation of Nigeria 2004′.
