There is every indication that IPOB leader, Nnamdi Kanu might be set free soon as court has fixed a date to rule on his matter.
IPOB Leader, Nnamdi Kanu
The Federal High Court, Abuja, has fixed Feb. 10 to rule on whether
or not it will dismiss the treason charges preferred against the leader
of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The court would also rule on whether or not to quash the charges
preferred against three other defendants, Chidiebere Onwudiwe, Benjamin
Madubugwu and David Nwawuisi, who were charged along with Kanu.
Similarly, the court would give a ruling on an application
bordering on the competence of the charge against Kanu, the first
defendant.
The four defendants are standing trial for alleged treasonable felony and terrorism.
At the resumed hearing on Thursday, Kanu’s Counsel, Mr Ifeanyi
Ejiofor, argued that his client’s application challenging the charge
against him was based on the fact that there was no case against him.
“Our application was premised on the fact that the proof of
evidence attached to the charge cannot sustain the charge because it did
not disclose a prima facie case against Kanu.”
According to him, the proof of evidence is empty, baseless and
unfounded and in that circumstance, the court is required to quash the
charge and discharge and acquit the person involved.
“He is being accused of committing an offence of treasonable
felony and also conspiracy to commit treasonable felony, the law
requires that ingredients of the said treasonable felony should be
established.
“But the defendant was not found with any arms, was not caught
with anybody holding a meeting, never said he was coming to overthrow
the president of the country.
“They are merely exercising their right to self-determination
which is clearly provided under article 20 of the African Charter of
Human and Peoples Rights and also under article 1 and 55 of the United
Nations Charter.’’
He said these were constitutional rights and could not translate to a case of treasonable felony.
Counsel to the 2nd to 4th defendants, Mr Inalegwu Adoga, Mr E.I
Esene and Mr Maxwell Okpara, all made similar arguments. They all held
that the proof of evidence attached to their clients’ charge did not
establish a prima facie case against them and should be quashed.
Adoga, in his argument, said that his client was arrested for his
intentions and not because of an overt act, adding that the
prosecution’s case against his client was based on mere sentiments.
On his part, Okpara added that his client was only brought into the
matter in order to convict the first defendant. The prosecuting
counsel, Mr Shuiabu Labaran, opposed the applications on the grounds
that they had no substance.
The judge, Justice Binta Nyako, adjourned till Feb. 10 to rule on
the applications. Nyako had said on Tuesday that the ruling on the
applications would determine whether the case would be terminated or
continued.
Mr Osaro Odemwingie, a representative of the British High
Commission, was in court to witness the proceedings, while placard
carrying IPOB members were outside the court complex singing and
dancing.
-NAN
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