Ohanaeze kicks as S’Court refuses to set Nnamdi Kanu free of terrorism charges

BY ANDREW OROLUA

There seems to be more troubles for the detained leader of proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, as the Supreme Court on Friday, declined to order his release from detention and this is equally worrying stakeholders in Ohanaeze Ndi Igbo, the apex socio cultural group in Igbo land who believe resolution of the Kanu issue with FG will help douse the security tension in the South East region.

In the ruling, the Apex Court, in a unanimous judgment prepared by Justice Garba Lawal but read by Justice Emmanuel Agim, voided and set aside the judgement of the Court of Appeal which had, in October 2023 ordered an unconditional release of Kanu and quashed the terrorism charges preferred against him by the Federal Government.

The Supreme Court held that, although the Nigerian Government was reckless and unlawfully in Kanu rendition from Kenya, “such unlawful act has not divested any court in Nigeria from proceeding with criminal trial.”

The court held that, no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful rendition from Kenya adding that, at the moment, the remedy for such action is for Kanu to file a civil action against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.

The Apex Court subsequently ordered that Kanu should go and defend himself in the remaining seven count terrorism charges preferred against him at the trial court.

Supreme Court agreed with the trial Court Judge, Justice Binta Nyako of Federal High Court who on April 8, 2022 in a ruling on the preliminary objections brought by Kanu struck out eight of the 15 counts charge preferred against him.

READ ALSO: What Tinubu told foreign ambassadors-designate in Aso…

Kanu’s preliminary objection had challenged the validity of the entire charges after he was unlawfully and forcefully brought home from Kenya .

In her ruling justice Nyako had ruled that Counts 6, 7, 8, 9, 10, 11, 12, and 14 were incompetent for not disclosing any valid offences against the defendant, the apex court agreed.

The court agreed with her decision that Counts 1, 2, 3, 4, 5,13 and 15 disclosed valid charges against Mr Kanu for he should face trial and the details of the counts are as follows:

Count 1

The prosecution alleged that Mr Kanu, of Afara Ukwu, Umuhahia North Local Government Area of Abia State, as a member of and leader of proscribed IPOB sometimes in September 2021, committed an act of terrorism against Nigeria and its people by allegedly making a broadcast received and heard in Nigeria with intent to intimidate the population, threatened that the people would die and that the whole world would standstill. The offence is said to be punishable under section 1(2)(b) of the Terrorism Prevention Amendment Act 2015.

Count 2

The prosecution accused him of committing “an act in furtherance of an act of terrorism” against Nigeria and its people made a broadcast received and heard in Nigeria within the jurisdiction of the court with intent to intimidate the population, issued a death threat against anyone who flouted his sit-at-home order.

Mr Kanu allegedly ordered whoever flouted the order should “write his/her will”, and as a result banks, schools, markets, shopping malls, and fuel stations domiciled in the eastern states of Nigeria must not open for business. Citizens, and vehicular movements, in the eastern states of Nigeria, the prosecution said, were grounded as a result of the sit-at-home order.

The prosecution said the offence is punishable under section 1(2)(b) of the Terrorism (Prevention) Amendment Act (2013).

Count 3

The prosecution also alleged that “on diverse dates” between 2018 and 2021 within the jurisdiction of this court, Mr Kanu professed himself to be a member and leader of IPOB, a proscribed organisation in Nigeria.

This, the prosecution said was an offence contrary to and punishments under section 16 of the Terrorism Prevision Amendment Act 2015.

Count 4

Kanu also, allegedly, on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria inciting members of the public in Nigeria in furtherance of an act of terrorism against Nigeria and its people to hunt and kill Nigerian security personnel.

The offence, according to the prosecution, is punishable under section 1(2)(h) of the Terrorism Prevention Amendment Act 2013.

Count 5

Mr Kanu, also on diverse dates between 2018 and 2021, allegedly broadcasted furtherance of an act of terrorism against Nigeria and its people, received and heard in Nigeria in furtherance of an act of terrorism, inciting members of the public in Nigeria a to hunt and kill families of Nigeria security personnel.

The offence is said to be punishable under 1(2)(h) of the Terrorism Prevention Amendment Act 2013.

Count 13

Kanu was also allegedly said to have between 2018 and 2021 made a broadcast received and heard in Nigeria with intent to incite violence, in furtherance of an act of terrorism against Nigeria and its people, directed members of the public to burn down every federal facility in Lagos resulting in major economic loss to the federal government.

The alleged offences, the prosecution says, are punishable under section 1(2) of the Terrorism (Prevention) Amendment) Act 2013.

Court 15

The prosecution also alleged that on diverse dates between March and April 2015 Mr Kanu was illegally imported into Nigeria and kept in Ubulisluzor 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 declared as used household items.

The alleged offence was said to be contrary to section 47(2)(a) of Criminal Code Act Cap C45 Laws of the Federation of Nigeria 2004.

On the 13th October 2022, the Court of Appeal, Abuja Division, delivered a Judgment in an appeal filed by Kanu challenging part of the Federal High Court’s ruling, which had retained seven counts out of the original 15- count charge filed against him, after striking out eight out of the 15- count charge.

The learned Justices of the Court of Appeal, in allowing Kanu’s appeal filed by Ozekhome, directed the Federal Government to immediately release the IPOB leader unconditionally.

The appellate court in the judgement, prohibited the Federal Government from further detaining Kanu, or prosecuting him on any indictment or charge before any court in Nigeria.

In a unanimous decision by the three-member panel, the appellate court also quashed the 15-count terrorism charge that the Federal Government entered against the detained IPOB leader, before the Federal High Court in Abuja

Dissatisfied with the judgement of the appellate court, the Federal Government filed nine grounds of appeal before the Supreme Court to oppose Kanu’s release from detention.